[JPRT 112-40, Volume I]
[From the U.S. Government Publishing Office]
112th Congress S. Prt.
JOINT COMMITTEE PRINT
2d Session 112-40
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2009
VOLUME I
AFRICA,
EAST ASIA AND THE PACIFIC
----------
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 2009
VOLUME I: AFRICA, EAST ASIA AND THE PACIFIC
U.S. GOVERNMENT PRINTING OFFICE
75-841 WASHINGTON : 2012
-----------------------------------------------------------------------
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112th Congress S. Prt.
JOINT COMMITTEE PRINT
2d Session 112-40
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2009
VOLUME I
AFRICA,
EAST ASIA AND THE PACIFIC
__________
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
One Hundred Tenth Congress, Second Session
COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ELIOT L. ENGEL, New York DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York RON PAUL, Texas
DIANE E. WATSON, California JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
ALBIO SIRES, New Jersey JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia JOHN BOOZMAN, Arkansas
MICHAEL E. MCMAHON, New York J. GRESHAM BARRETT, South Carolina
JOHN S. TANNER, Tennessee CONNIE MACK, Florida
GENE GREEN, Texas JEFF FORTENBERRY, Nebraska
LYNN WOOLSEY, California MICHAEL T. MCCAUL, Texas
SHEILA JACKSON LEE, Texas TED POE, Texas
BARBARA LEE, California BOB INGLIS, South Carolina
SHELLEY BERKLEY, Nevada GUS BILIRAKIS, Florida
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
Richard J. Kessler, Staff Director
Yleem D.S. Poblete, Republican Staff Director
COMMITTEE ON FOREIGN RELATIONS
JOHN F. KERRY, Massachusetts, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin BOB CORKER, Tennessee
BARBARA BOXER, California JOHNNY ISAKSON, Georgia
ROBERT MENENDEZ, New Jersey JAMES E. RISCH, Idaho
BENJAMIN L. CARDIN, Maryland JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania JOHN BARRASSO, Wyoming
JIM WEBB, Virginia ROGER F. WICKER, Mississippi
JEANNE SHAHEEN, New Hampshire JAMES M. INHOFE, Oklahoma
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York
David McKean, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
(ii)
C O N T E N T S
----------
Page
Letter of Transmittal............................................ vii
Preface.......................................................... ix
Overview and Acknowledgments..................................... xi
Introduction..................................................... xv
Volume I
Africa........................................................... 1
Angola....................................................... 1
Benin........................................................ 17
Botswana..................................................... 28
Burkina Faso................................................. 39
Burundi...................................................... 50
Cameroon..................................................... 67
Cape Verde................................................... 88
Central African Republic..................................... 93
Chad......................................................... 117
Comoros...................................................... 133
Congo, Democratic Republic of the............................ 139
Congo, Republic of the....................................... 183
Cote d'Ivoire................................................ 193
Djibouti..................................................... 210
Equatorial Guinea............................................ 219
Eritrea...................................................... 234
Ethiopia..................................................... 248
Gabon........................................................ 276
Gambia, The.................................................. 285
Ghana........................................................ 297
Guinea....................................................... 312
Guinea-Bissau................................................ 329
Kenya........................................................ 338
Lesotho...................................................... 361
Liberia...................................................... 373
Madagascar................................................... 384
Malawi....................................................... 399
Mali......................................................... 411
Mauritania................................................... 422
Mauritius.................................................... 436
Mozambique................................................... 444
Namibia...................................................... 457
Niger........................................................ 470
Nigeria...................................................... 490
Rwanda....................................................... 519
Sao Tome and Principe........................................ 538
Senegal...................................................... 543
Seychelles................................................... 558
Sierra Leone................................................. 565
Somalia...................................................... 581
South Africa................................................. 605
Sudan........................................................ 626
Swaziland.................................................... 648
Tanzania..................................................... 663
Togo......................................................... 684
Uganda....................................................... 694
Zambia....................................................... 718
Zimbabwe..................................................... 733
East Asia and the Pacific........................................ 773
Australia.................................................... 773
Brunei Darussalam............................................ 784
Burma........................................................ 792
Cambodia..................................................... 814
China (includes Tibet, Hong Kong, and Macau)................. 837
Taiwan....................................................... 905
Fiji......................................................... 915
Indonesia.................................................... 929
Japan........................................................ 951
Kiribati..................................................... 963
Korea, Democratic People's Republic of....................... 968
Korea, Republic of........................................... 980
Laos......................................................... 992
Malaysia..................................................... 1004
Marshall Islands............................................. 1031
Micronesia, Federated States of.............................. 1036
Mongolia..................................................... 1042
Nauru........................................................ 1053
New Zealand.................................................. 1057
Palau........................................................ 1065
Papua New Guinea............................................. 1070
Philippines.................................................. 1079
Samoa........................................................ 1099
Singapore.................................................... 1106
Solomon Islands.............................................. 1121
Thailand..................................................... 1128
Timor-Leste.................................................. 1159
Tonga........................................................ 1168
Tuvalu....................................................... 1175
Vanuatu...................................................... 1180
Vietnam...................................................... 1187
Volume II
Europe and Eurasia............................................... 1213
Albania...................................................... 1213
Andorra...................................................... 1225
Armenia...................................................... 1229
Austria...................................................... 1265
Azerbaijan................................................... 1275
Belarus...................................................... 1300
Belgium...................................................... 1327
Bosnia and Herzegovina....................................... 1337
Bulgaria..................................................... 1353
Croatia...................................................... 1368
Cyprus....................................................... 1386
Czech Republic............................................... 1415
Denmark...................................................... 1429
Estonia...................................................... 1437
Finland...................................................... 1443
France....................................................... 1453
Georgia...................................................... 1464
Germany...................................................... 1515
Greece....................................................... 1529
Hungary...................................................... 1553
Iceland...................................................... 1569
Ireland...................................................... 1577
Italy........................................................ 1584
Kosovo....................................................... 1597
Latvia....................................................... 1622
Liechtenstein................................................ 1634
Lithuania.................................................... 1640
Luxembourg................................................... 1652
Macedonia.................................................... 1657
Malta........................................................ 1673
Moldova...................................................... 1681
Monaco....................................................... 1711
Montenegro................................................... 1715
Netherlands.................................................. 1736
Norway....................................................... 1747
Poland....................................................... 1755
Portugal..................................................... 1773
Romania...................................................... 1781
Russia....................................................... 1805
San Marino................................................... 1865
Serbia....................................................... 1868
Slovakia..................................................... 1894
Slovenia..................................................... 1911
Spain........................................................ 1919
Sweden....................................................... 1932
Switzerland.................................................. 1943
Turkey....................................................... 1954
Ukraine...................................................... 1984
United Kingdom............................................... 2014
Near East and North Africa....................................... 2029
Algeria...................................................... 2029
Bahrain...................................................... 2047
Egypt........................................................ 2059
Iran......................................................... 2080
Iraq......................................................... 2113
Israel and the Occupied Territories.......................... 2146
Jordan....................................................... 2196
Kuwait....................................................... 2217
Lebanon...................................................... 2230
Libya........................................................ 2248
Morocco and Western Sahara................................... 2262
Oman......................................................... 2286
Qatar........................................................ 2294
Saudi Arabia................................................. 2308
Syria........................................................ 2331
Tunisia...................................................... 2360
United Arab Emirates......................................... 2381
Yemen........................................................ 2393
Volume III
South and Central Asia........................................... 2417
Afghanistan.................................................. 2417
Bangladesh................................................... 2444
Bhutan....................................................... 2467
India........................................................ 2477
Kazakhstan................................................... 2508
Kyrgyz Republic.............................................. 2529
Maldives..................................................... 2546
Nepal........................................................ 2556
Pakistan..................................................... 2573
Sri Lanka.................................................... 2604
Tajikistan................................................... 2621
Turkmenistan................................................. 2637
Uzbekistan................................................... 2651
Western Hemisphere............................................... 2675
Antigua and Barbuda.......................................... 2675
Argentina.................................................... 2680
Bahamas, The................................................. 2694
Barbados..................................................... 2704
Belize....................................................... 2710
Bolivia...................................................... 2718
Brazil....................................................... 2731
Canada....................................................... 2753
Chile........................................................ 2765
Colombia..................................................... 2776
Costa Rica................................................... 2800
Cuba......................................................... 2812
Dominica..................................................... 2828
Dominican Republic........................................... 2834
Ecuador...................................................... 2851
El Salvador.................................................. 2868
Grenada...................................................... 2881
Guatemala.................................................... 2886
Guyana....................................................... 2907
Haiti........................................................ 2917
Honduras..................................................... 2929
Jamaica...................................................... 2951
Mexico....................................................... 2963
Nicaragua.................................................... 2983
Panama....................................................... 3002
Paraguay..................................................... 3015
Peru......................................................... 3028
Saint Kitts and Nevis........................................ 3043
Saint Lucia.................................................. 3048
Saint Vincent and the Grenadines............................. 3054
Suriname..................................................... 3060
Trinidad and Tobago.......................................... 3070
Uruguay...................................................... 3078
Venezuela.................................................... 3086
Appendixes
Appendix A: Notes on preparation of Report................... 3107
Appendix B: Reporting on Worker Rights....................... 3115
Appendix C: Selected International Human Rights Conventions.. 3117
Appendix D: Description of International Human Rights
Conventions in Appendix C.................................. 3133
Appendix E: FY 2009 Foreign Assistance Actuals............... 3135
Appendix F: United Nations General Assembly's Third Committee
Country Resolution Votes 2009.............................. 3157
Appendix G: United Nations Universal Declaration of Human
Rights..................................................... 3169
?
LETTER OF TRANSMITTAL
----------
Department of State,
Washington, DC, April 10, 2010.
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 2009, 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,
David J. Kramer,
Assistant Secretary, Bureau of Democracy,
Human Rights, and Labor.
Enclosure.
(vii)
PREFACE
----------
The idea of human rights begins with a fundamental
commitment to the dignity that is the birthright of every man,
woman and child. Progress in advancing human rights begins with
the facts. And for the last 34 years, the United States has
produced the Country Reports on Human Rights Practices,
providing the most comprehensive record available of the
condition of human rights around the world.
These reports are an essential tool-for activists who
courageously struggle to protect rights in communities around
the world; for journalists and scholars who document rights
violations and who report on the work of those who champion the
vulnerable; and for governments, including our own, as they
work to craft strategies to encourage protection of the human
rights of more individuals in more places.
The principle that each person possesses equal moral value
is a simple, self-evident truth; but securing a world in which
all can exercise the rights that are naturally theirs is an
immense practical challenge. To craft effective human rights
policy, we need good assessments of the situation on the ground
in the places we want to make a difference. We need a
sophisticated, strategic understanding of how democratic
governance and economic development can each contribute to
creating an environment in which human rights are secured. We
need to recognize that rights-protecting democracy and rights-
respecting development reinforce each other. And we need the
right tools and the right partners to implement our policies.
Human rights are timeless, but our efforts to protect them
must be grounded in the here-and-now. We find ourselves in a
moment when an increasing number of governments are imposing
new and crippling restrictions on the nongovernmental
organizations working to protect rights and enhance
accountability. New technologies have proven useful both to
oppressors and to those who struggle to expose the failures and
cowardice of those oppressors. And global challenges of our
time-like food security and climate change; pandemic disease;
economic crises; and violent extremism-impact the enjoyment of
human rights today, and shape the global political context in
which we must advance human rights over the long term.
Human rights are universal, but their experience is local.
This is why we are committed to hold everyone to the same
standard, including ourselves. And this is why we remember that
human rights begin, as Eleanor Roosevelt said, ``in small
places close to home.'' When we work to secure human rights, we
are working to protect the experiences that make life
meaningful, to preserve each person's ability to fulfill his or
her God-given potential. The potential within every person to
learn, discover and embrace the world around them; the
potential to join freely with others to shape their communities
and their societies so that every person can find fulfillment
and self-sufficiency; the potential to share life's beauties
and tragedies, laughter and tears with the people they love.
The reports released today are a record of where we are.
They provide a fact-base that will inform the United States's
diplomatic, economic and strategic policies toward other
countries in the coming year. These reports are not intended to
prescribe such policies, but they provide essential data points
for everyone in the U.S. Government working on them. I view the
these reports not as ends in themselves, but as an important
tool in the development of practical and effective human rights
strategy by the United States Government. That is a process to
which I am deeply committed.
The timeless principles enshrined in the Universal
Declaration of Human Rights are a North Star guiding us toward
the world we want to inhabit: a just world where, as President
Obama has put it, peace rests on the ``inherent rights and
dignity of every individual.'' With the facts in hand, and the
goals clear in our hearts and heads, we recommit ourselves to
continue the hard work of making human rights a human reality.
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. The guiding principle was to ensure that all
information was assessed objectively, thoroughly, and fairly.
The reports in this volume will be used as a resource for
shaping policy, conducting diplomacy, and making assistance,
training, and other resource allocations. They also will serve
as a basis for the U.S. Government's cooperation with private
groups to promote the observance of internationally recognized
human rights.
The Country Reports on Human Rights Practices cover
internationally recognized civil, political and worker rights,
as set forth in the Universal Declaration of Human Rights.
These rights include freedom from torture or other cruel,
inhuman or degrading treatment or punishment, from prolonged
detention without charges, from disappearance or clandestine
detention, and from other flagrant violations of the right to
life, liberty and the security of the person.
Universal human rights seek to incorporate respect for
human dignity into the processes of government and law. All
persons have the right to nationality, the inalienable right to
change their government by peaceful means and to enjoy basic
freedoms, such as freedom of expression, association, assembly,
movement, and religion, without discrimination on the basis of
race, religion, national origin, or sex. The right to join a
free trade union is a necessary condition of a free society and
economy. Thus the reports assess key internationally recognized
worker rights, including the right of association, the right to
organize and bargain collectively, the prohibition of forced or
compulsory labor, the status of child labor practices, the
minimum age for employment of children, and acceptable work
conditions.
Within the Bureau of Democracy, Human Rights and Labor, the
editorial staff of the Country Reports Team consists of: Editor
in Chief Stephen Eisenbraun; Office Directors: Carlos Garcia,
Douglas Kramer, and Kay Mayfield; Senior Editors: Jonathan
Bemis, Douglas B. Dearborn, Daniel Dolan, Jerome L. Hoganson,
Patricia Meeks Schnell, Julie Turner, and Rachel Waldstein;
Editors: Naim Ahmed, Joseph Barghout, Kate Berglund, Sarah
Beringer, Marissa Brescia, Sarah Buckley-Moore, Liliana Caparo
Ariza, Laura Carey, Elise Carlson-Rainer, Delaram Cavey, Sharon
Cooke, Susan Corke, Stuart Crampton, Kathleen Crowley, Frank
Crump, Tu Dang, Mollie Davis, Huseyin Dogan, Will Dokurno, Mort
Dworken, Amy Feagles, Joan Garner, Solange Garvey, Jeffrey
Glassman, Blake Greene, Edward Grulich, Patrick Harvey, Victor
Huser, Jill Hutchings, Stan Ifshin, David T. Jones, Simone
Joseph, Mancharee Junk, Douglas Kramer, Sarah Labowitz, Jessica
Lieberman, Gregory Maggio, Stacey May, John McKane, David
Mikosz, Mia Mitchell, Stephen Moody, Sarah Morgan, Perlita
Muiruri, Sandra Murphy, Daniel L. Nadel, Catherine Newling,
Anand Prakash, Drue Preissman, Gabriela Ramirez, Lea Rivera,
Peter Sawchyn, Wendy Silverman, Catherine Snyder, Erin Spitzer,
Rachel Spring, Michael Suttles, Leslie Taylor, James Todd,
Kathy Unlu, David Wagner, Nicole Wilett, Karen Yoo;
Contributing Editor: Lynne Davidson; Editorial Assistants: Cory
Andrews, Carol Finerty, Ronya D. Foy, Lauren Gandillot, Yelipza
Gutierrez, Wen Hsu, Raymond Lu, Stephanie Martone, James
McDonald, Matthew Miller, Amanda Pourciau, Sabrina Ragaller,and
Helaena White; and Technical Assistant Eunice Johnson.
INTRODUCTION TO THE
2009 COUNTRY REPORTS
----------
2009 was a year of contrasts. It was a year in which
ethnic, racial, and religious tensions led to violent conflicts
and serious human rights violations and fueled or exacerbated
more than 30 wars or internal armed conflicts. At the same
time, it was a year in which the United States and other
governments devoted greater attention to finding ways to
acknowledge and combat these underlying tensions through
showing leadership in advancing respect for universal human
rights, promoting tolerance, combating violent extremism, and
pursuing peaceful solutions to long-standing conflicts in the
Middle East and elsewhere. As President Obama said in his June
speech at Cairo University, we should be defined not by our
differences but rather by our common humanity, and we should
find ways to work in partnership with other nations so that all
people achieve justice and prosperity.
2009 also was a year in which more people gained greater
access than ever before to more information about human rights
through the Internet, cell phones, and other forms of
connective technologies. Yet at the same time it was a year in
which governments spent more time, money, and attention finding
regulatory and technical means to curtail freedom of expression
on the Internet and the flow of critical information and to
infringe on the personal privacy rights of those who used these
rapidly evolving technologies.
Today, all governments grapple with the difficult questions
of what are appropriate policies and practices in response to
legitimate national security concerns and how to strike the
balance between respecting human rights and fundamental
freedoms and ensuring the safety of their citizens. That said,
during the past year, many governments applied overly broad
interpretations of terrorism and emergency powers as a basis
for limiting the rights of detainees and curtailing other basic
human rights and humanitarian law protections. They did so even
as the international community continued to make tangible
progress in isolating and weakening the leadership in violent
extremist and terrorist groups such as al-Qa'ida.
This report explores these and other trends and
developments and provides a specific, detailed picture of human
rights conditions in 194 countries around the world. The U.S.
Government has compiled these reports for the past 34 years
pursuant to a requirement placed on the U.S. executive by law
in part to help the U.S. Congress inform its work in assessing
requests for U.S. foreign military and economic assistance, as
well as to set trade policies and U.S. participation in the
multilateral development banks and other financial
institutions. The reason for publishing this report is to
develop a full, factual record that can help U.S. policymakers
to make intelligent and well-informed policy decisions. It has
also been increasingly used by policymakers abroad and has
become a core reference document for governments,
intergovernmental organizations, and concerned citizens
throughout the world.
Many have questioned the reason the U.S. Government
compiles this report, rather than the United Nations or some
other intergovernmental body. One answer is that we believe it
is imperative for countries, including our own, to ensure that
respect for human rights is an integral component of foreign
policy. These reports provide an overview of the human rights
situation around the world as a means to raise awareness about
human rights conditions, in particular as these conditions
impact the well-being of women, children, racial minorities,
trafficking victims, members of indigenous groups and ethnic
communities, persons with disabilities, sexual minorities, and
members of other vulnerable groups. Also, we provide these
reports as a form of comprehensive review and analysis. While
some nongovernmental organizations (NGOs) do extensive and
excellent reporting on some countries, none cover the world as
we do. And while we have encouraged more detailed and
comprehensive reporting from the UN and other intergovernmental
bodies, thus far these organizations have not met this need.
Because of this unmet need, the U.S. Congress has mandated this
report. Even as we continue this reporting exercise, we
encourage the UN to take up this type of thorough and
comprehensive reporting, and we stand ready to work with them
to meet the challenge. We will continue to press for enhanced
UN reporting, for example through the UN Human Rights Council
as part of its review of its own operations in 2011.
Some critics, in the United States and elsewhere, also have
challenged our practice of reviewing every other country's
human rights record but not our own. In fact, the U.S.
Government reports on and assesses our own human rights record
in many other fora pursuant to our treaty obligations (e.g., we
file reports on our implementation of the two Optional
Protocols to the Convention on the Rights of the Child, the
International Covenant on Civil and Political Rights, the
International Covenant on the Elimination of Racial
Discrimination, and the Convention Against Torture). We are
reviewing our reporting, consistent with President Obama and
Secretary Clinton's pledge that we will apply a single
universal human rights standard to all, including ourselves.
Later this year, the U.S. Trafficking in Persons Report, for
the first time, will rank the United States as it does foreign
governments by applying the minimum standards for the
elimination of trafficking in persons set forth in the
Trafficking Victims Protection Act of 2000 as amended. And in
the fall the U.S. Government will appear before the United
Nations Human Rights Council for the first Universal Periodic
Review of our domestic human rights situation.
These country reports are written to provide an accurate,
factual record of human rights conditions around the world, not
to examine U.S. policy responses or options or to assess
diplomatic alternatives. Yet in a broader sense these reports
are a part of the Obama Administration's overall approach to
human rights and an essential component of that effort. As
outlined above, the administration's approach, as articulated
by President Obama and Secretary Clinton, is guided by broad
principles, the first of which is a commitment to universal
human rights. In preparing this report, we have endeavored to
hold all governments accountable to uphold universal human
rights in the Universal Declaration of Human Rights and to
their human rights treaty obligations. As Secretary Clinton
stated in December, all governments, including our own, must
``adhere to obligations under international law: among them not
to torture, arbitrarily detain and persecute dissenters, or
engage in political killings. Our government and the
international community must consider the pretentions of those
who deny or abdicate their responsibilities and hold violators
to account.'' The first step in that process is to tell the
truth and to identify specific instances where such violations
are occurring and where governments are failing to take
responsibility for holding violators accountable.
A second element of our approach is a principled and
pragmatic engagement with other countries on these issues. This
means that we will pursue steps that are most likely to make
human rights a human reality. This principled pragmatism starts
with an honest assessment of human rights conditions and
whether violations are the result of deliberate government
repression, governmental unwillingness or inability to confront
the problems, or a combination of all three. As Secretary
Clinton has said, ``With China, Russia, and others, we are
engaging on issues of mutual interest while also engaging
societal actors in the same countries who are working to
advance human rights and democracy. The assumption that we must
either pursue human rights or our `national interests' is
wrong. The assumption that only coercion and isolation are
effective tools for advancing democratic change is also
wrong.'' These reports provide an essential, factual predicate
upon which we can shape current and future polices.
A third element is our belief that although foreign
governments and global civil society cannot impose change from
outside, we can and should encourage and provide support to
members of local civil society and other peaceful change agents
within each country. As part of such efforts, these reports can
and often do amplify these voices, by making reference to their
findings, publicly reinforcing their concerns, and by widely
disseminating this information to opinion makers, both
internationally and within affected countries.
A fourth element of our approach is to keep a wide focus
where rights are at stake and to adopt a broad approach to
democracy and human rights. As Secretary Clinton stated,
``Democracy means not only elections to choose leaders, but
also active citizens and a free press and an independent
judiciary and transparent and responsive institutions that are
accountable to all citizens and protect their rights equally
and fairly.'' President Obama has also highlighted the crucial
linkages between development, democracy, and human rights,
noting the centrality of issues such as corruption to the
realization of basic rights. Consistent with that approach,
these reports cover a wide range of topics and trends,
providing a detailed and comprehensive picture of human rights
and democracy in each country.
The fifth and final element of our approach has been to
pursue progress on these issues through multilateral processes
and institutions. As President Obama has acknowledged, we live
in an increasingly interdependent and multipolar world, and to
achieve our international goals, we need to collaborate with
other governments and international actors. That is the reason
we have joined the UN Human Rights Council, have actively
supported human rights initiatives in the General Assembly, and
have more thoroughly engaged in regional bodies like the
Organization of American States and the Organization for
Security and Cooperation in Europe in promoting democracy and
human rights.
In preparing these reports, we relied on information
collected by officials in U.S. embassies around the world and
on information from other governments and multilateral
organizations. We also solicited and relied on useful
information from nongovernmental human rights groups, both
those operating internationally and those that work at a
national level. We also collected information from academics,
lawyers, trade unions, religious leaders, and the media. While
we benefited from these many inputs, the U.S. Government alone
bears responsibility for the content of these reports. The
preparation of these reports involves a major commitment of
time and energy by hundreds of people, and includes a lengthy
process of fact-checking and editing to ensure high standards
of accuracy and objectivity.
The Year in Review
In 2009, governments across the globe continued to commit
serious violations of human rights. As we survey the world,
there still are an alarming number of reports of torture,
extrajudicial killings, and other violations of universal human
rights. Often these violations relating to the integrity of the
person are in countries where conflicts are occurring. These
violent attacks are a central concern wherever they take place.
In a significant number of countries, governments have
imposed new and often draconian restrictions on NGOs. Since
2008, no fewer than 25 governments have imposed new
restrictions on the ability of these organizations to register,
to operate freely, or to receive foreign funding, adversely
impacting freedom of association. In many countries, human
rights defenders are singled out for particularly harsh
treatment, and in the most egregious cases, they are imprisoned
or even attacked or killed in reaction to their advocacy.
These restrictions and repressive measures are part of a
larger pattern of governmental efforts to control dissenting or
critical voices. This pattern also extends to the media and to
new forms of electronic communications through the Internet and
other new technologies. Restrictions on freedom of expression,
including on members of the media, are increasing and becoming
more severe. In many cases, such restrictions are applied
subtly by autocrats aiming to avoid attention from human rights
groups and donor countries, such as through the threat of
criminal penalties and administrative or economic obstacles,
rather than through violence or imprisonment; the end result is
still a chilling effect on freedom of expression.
A third trend we observed is the continuing and escalating
discrimination and persecution of members of vulnerable
groups--often racial, religious, or ethnic minorities, but also
women, members of indigenous communities, children, persons
with disabilities, and other vulnerable groups that lack the
political power in their societies to defend their own
interests.
These key trends are discussed in the subsequent sections,
illustrated by thumbnail sketches of selected countries
(ordered alphabetically) that were chosen for notable
developments--positive, negative, or mixed--chronicled during
calendar year 2009. For more comprehensive, detailed
information, the individual country reports themselves should
be consulted.
Specific Human Rights Trends
HUMAN RIGHTS ABUSES IN COUNTRIES IN CONFLICT
In many countries where conflicts were raging during the
year, noncombatant civilians faced human rights abuses and
violations of international humanitarian law. In many of these
conflict zones, insurgents, terrorist organizations,
paramilitary forces, and government security forces used
murder, rape, and inhumane tactics to assert control over
territory, silence opponents, and coerce the cooperation of
civilian communities in conflict zones. Throughout the world,
thousands of men, women, and children died or were mistreated
not only in conflicts, but also in campaigns to intimidate
civilian populations.
The security situation in Afghanistan deteriorated
significantly because of increased insurgent attacks, with
civilians bearing the brunt of the violence. Armed conflict
spread to almost one-third of the country, hindering the
government's ability to govern effectively, extend its
influence, and provide services, especially in rural areas. As
a result of the insurgency, 1,448 Afghan military personnel,
1,954 government employees, and 2,412 civilians were killed.
Approximately five million of the 15 million registered voters
participated in the August elections that were marked by
serious allegations of widespread fraud, insufficient
conditions for participation by women, and a concerted effort
by the Taliban to disrupt the voting. Nevertheless, more
polling stations opened than in previous elections, the media
and public debated political alternatives, and the election
followed the constitutional process.
The government in Burma continued its egregious human
rights violations and abuses during the year, including
increased military attacks in ethnic minority regions, such as
in the Karen and Shan state. In August, government soldiers
attacked the Kokang cease-fire group, the Myanmar National
Democratic Alliance Army, which the government claimed was
launched in order to shut down narcotics and arms factories.
Tens of thousands of civilians reportedly fled across the
border to China as a result of the fighting. Government
soldiers destroyed several villages in Shan territory, and some
media estimates suggested the army razed up to 500 homes in
Kokang territory. The regime continued to rule by decree and
was not bound by any constitutional provisions guaranteeing any
fundamental freedoms. The regime continued to commit other
serious abuses, including extrajudicial killings, custodial
deaths, disappearances, rape, torture, forcible relocation of
persons, the use of forced labor, and conscription of child
soldiers. The government detained civic activists indefinitely
and without charges.
In the Democratic Republic of the Congo (DRC), conflict in
mineral-rich parts of the east, including counterinsurgency
operations by government security forces, resulted in the
killing of more than 1,000 civilians; the displacement of
hundreds of thousands whose government did not adequately
protect or assist them; the rapes of tens of thousands of
women, children, and men; the burning of hundreds of homes; the
unlawful recruitment or use of thousands of children as
soldiers by the DRC military and various armed groups; and
abductions of numerous persons for forced labor and sexual
exploitation, both domestically and internationally.
Despite substantial improvements in the general security
situation in Iraq, human rights abuses continued. There were
reports that the government or its agents committed arbitrary
or unlawful killings in connection with the ongoing conflict,
and insurgent and terrorist bombings, executions, and killings
continued to affect all regions and sectors of society. Due to
the continuing conflict, violence against the media was common,
and media workers reported that they engaged in self-
censorship. Although the government publicly called for
tolerance and acceptance for all religious minorities and took
steps to increase security at places of worship, frequent
attacks by insurgent and extremist groups on places of worship
and religious leaders, as well as sectarian violence, hampered
the ability of individuals to practice their religion freely.
In response to a sharp increase in the number and frequency
of rocket attacks from Gaza against civilians in Israel shortly
prior to and following the expiration of Hamas's agreed period
of ``calm'' on December 19, 2008, the Israeli Defense Forces
launched Operation Cast Lead on December 27, which consisted
initially of airstrikes targeted against Hamas security
installations, personnel, and other facilities in the Gaza
Strip, and later ground operations. Hostilities between Israeli
forces and Hamas fighters continued through January 18, and the
Israeli withdrawal of troops was completed on January 21. Human
rights organizations estimated that close to 1,400 Palestinians
died, including more than 1,000 civilians, and that more than
5,000 were wounded. According to Israeli government figures,
Palestinian deaths totaled 1,166, including 295 noncombatant
deaths. There were 13 Israelis killed, including three
civilians. In the West Bank, the Israel Defense Forces relaxed
restrictions at several checkpoints during the year that had
constituted significant barriers to the movement of
Palestinians, yet remaining barriers limited Palestinian access
to places of worship, employment, agricultural lands, schools,
hospitals, and the conduct of journalism and NGO activities. In
Gaza, which remained under the control of Hamas, there were
reports of corruption, abuse of prisoners, and failure to
provide fair trials to those accused. Hamas also strictly
restricted the freedom of expression, religion, and movement of
Gaza residents, and promoted gender discrimination against
women. Killings by Hamas-controlled security forces remained a
problem. There were reports of torture by Gaza Hamas Executive
Force and victims were not only security detainees but also
included persons associated with the Fatah political party and
those held on suspicion of ``collaboration'' with Israel. Hamas
authorities in Gaza often interfered arbitrarily with personal
privacy, family, and home.
National police, army, and other security forces in Nigeria
committed extrajudicial killings and used lethal and excessive
force to apprehend criminals and suspects. Violence in the form
of killings, kidnappings, and forced disappearances; mass rape;
and displacement of civilians attributed to both government and
nongovernment actors continued in the Niger Delta, despite the
formation of the Joint Task Force in 2003 that sought to
restore stability to the region. Reports of incidents
attributed to militant groups in the Niger Delta decreased upon
the president's offer of amnesty, although violence remained
pervasive in the south. Between July 26 and July 29, police and
militant members of Boko Haram, an extremist Islamic group,
clashed violently in four northern states, resulting in the
displacement of approximately 4,000 people and more than 700
deaths, although this figure is not definitive because quick
burials in mass graves precluded an accurate count. Sect leader
Muhammad Yusuf; Yusuf's father-in-law, Baba Mohammed; and
suspected Boko Haram founder Buji Fai reportedly were killed
while in custody of the security forces.
Although Pakistan's civilian authorities took some positive
steps, significant human rights challenges remain. Major
problems included extrajudicial killings, torture, and
disappearances. Militant attacks in the Federally Administered
Tribal Areas (FATA) and the North West Frontier Province (NWFP)
killed 825 civilians; security operations to repel the
militants from Malakand Division and parts of the FATA
displaced almost three million persons at the peak of the
crisis (although by year's end, approximately 1.66 million had
returned to their home areas). The Human Rights Commission of
Pakistan, the New York Times, and several local publications
reported that security forces allegedly committed 300 to 400
extrajudicial killings during counterinsurgency operations in
NWFP and Swat. There were widespread accusations that
insurgents conducted terror- and revenge killings to intimidate
local populations and law enforcement officials. Sectarian
violence killed approximately 1,125 persons, and more than 76
suicide bombings killed 1,037 persons.
The situation in the North Caucasus region of Russia
worsened as the government fought insurgents, Islamist
militants, and criminal forces. Local government and insurgent
forces in the region reportedly engaged in killings, torture,
abuse, violence, politically motivated abductions, and other
brutal or humiliating treatment. In Chechnya, Ingushetia, and
Dagestan, the number of extrajudicial killings increased
markedly, as did the number of attacks on law enforcement
personnel (in actions involving insurgents, 342 members of law
enforcement were killed and 680 were injured.) Some authorities
in the North Caucasus acted with impunity and appeared to act
independently of the federal government, in some cases,
allegedly targeting families of suspected insurgents for
reprisal and engaging in kidnapping, torture, and extrajudicial
punishment.
Before the 33-year conflict in Sri Lanka came to an end in
May, government security forces, progovernment paramilitary
groups, and the Liberation Tigers of Tamil Eelam (LTTE) used
excessive force and committed abuses against civilians. Several
hundred thousand ethnic Tamil civilians were not allowed
freedom of movement by the LTTE from LTTE-controlled areas
Artillery shelling and mortar fire by both sides occurred close
to and among civilian encampments, resulting in thousands of
civilian deaths during the last months of the conflict. From
January to May, the LTTE dramatically increased its forced
recruitment of child soldiers. Although the number of children
recruited and killed in fighting is unknown, the government
reported 527 ex-LTTE child soldiers in custody several months
after the end of the war. The confinement in camps of nearly
300,000 persons displaced by the end of the conflict called
into question the government's postconflict commitment to human
rights, although the government began to make significant
progress on the treatment of internally displaced persons and
other human rights improvements toward the end of 2009, in the
run up to the January 2010 presidential election.
Conflict and human rights abuses in the Darfur region of
Sudan continued despite the 2006 Darfur Peace Agreement between
the government and a faction of the Sudan Liberation Movement/
Army. Government-sponsored forces bombed villages, killed
civilians, and supported Chadian rebel groups. Women and
children continued to experience gender-based violence. Since
the conflict in Darfur began in 2003, nearly 2.7 million
civilians have been internally displaced, approximately 253,000
have sought refuge in eastern Chad, and more than 300,000 have
died. Tensions also persisted between the north and south over
the 2005 Comprehensive Peace Agreement. Interethnic conflict
and violence perpetrated by the Lord's Resistance Army in
southern Sudan resulted in the deaths of approximately 2,500
and the displacement of 359,000 persons during the year.
RESTRICTIONS ON FREEDOM OF EXPRESSION, ASSEMBLY, AND ASSOCIATION
(INCLUDING NGOS)
Many governments continued to exert control over
information that came into and was produced within their
countries. This was accomplished by hindering the ability to
organize in public, online, or through use of new technologies;
by restricting the dissemination of information on the
Internet, radio, or television or through print media; and
constructing legal barriers that made it difficult for NGOs to
establish themselves. According to the National Endowment for
Democracy, 26 laws in 25 countries have been introduced or
adopted since January 2008 that impede civil society.
In Belarus, the government's human rights record remained
very poor. Civil liberties, including freedoms of expression,
assembly, association, and religion, continued to be
restricted. The government limited distribution of independent
print and broadcast media outlets. Authorities used
unreasonable force and intimidation to discourage participation
in demonstrations and to disperse peaceful protesters. NGOs,
opposition activists, and political parties were subjected to
persistent harassment, fines, and prosecution, and several
leading NGOs were again denied registration, forcing them to
operate under threat of criminal prosecution. Following a few
positive steps taken by authorities in 2008, the absence of
reform during 2009 was disappointing.
The government of China increased its efforts to monitor
Internet use, control content, restrict information, block
access to foreign and domestic Web sites, encourage self-
censorship, and punish those who violated regulations. The
government employed thousands of persons at the national,
provincial, and local levels to monitor electronic
communications. In January the government began an ``anti-
vulgarity'' campaign that resulted that same month in the
closure of 1,250 Web sites and the deletion of more than 3.2
million items of information. The government at times blocked
access to selected sites operated by major foreign news
outlets, health organizations, foreign governments, educational
institutions, and social networking sites, as well as search
engines, that allow rapid communication or organization of
users. During the year, particularly around sensitive events
such as the 20th anniversary of the Tiananmen crackdown,
authorities maintained tight control over Internet news and
information. The government also automatically censored e-mail
and Web chats based on an ever-changing list of sensitive key
words. Despite official monitoring and censorship, 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.
Independent media in Colombia were active and expressed a
wide variety of views without restriction, and all privately
owned radio and television stations broadcast freely. However,
members of illegal armed groups intimidated, threatened,
kidnapped, or killed journalists, which, according to national
and international NGOs, caused many to practice self-censorship
and others, 171 to be specific, received protection from the
government. The official Administrative Department of Security
monitored journalists, trade unionists, the political
opposition, and human rights organizations and activists--
physically, as well as their phone and email communications and
personal and financial data. According to some NGOs, the
government allegedly detained arbitrarily hundreds of persons,
particularly social leaders, labor activists, and human rights
defenders (HRDs), although a key NGO reported that such
detentions in 2009 were half the 2008 level. HRDs were also
persecuted and accused of supporting terrorism in an effort to
discredit their work. Prominent NGOs reported that eight human
rights activists and 39 trade unionists were killed during the
year. However, the government also worked to protect thousands
of union members, human rights activists, and other such
groups.
Authorities in Cuba interfered with privacy and engaged in
pervasive monitoring of private communications. There was no
ability to change the government. There were also severe
limitations on freedom of expression and no authorized press
apart from official media; denial of peaceful assembly and
association; restrictions on freedom of religion; and refusal
to recognize domestic human rights groups or independent
journalists or to permit them to function legally. The law
allows for punishment of any unauthorized assembly of more than
three persons, including those for private religious services
in private homes. The law also provides for imprisonment for
vaguely defined crimes such as ``dangerousness'' and ``peaceful
sedition.'' The government did not grant permission to any
antigovernment demonstrators or approve any public meeting by a
human rights group. Authorities held numerous opposition
leaders pursuant to sentences ranging up to 25 years for
peaceful political activities and detained activists for short
periods to prevent them from attending meetings,
demonstrations, or ceremonies. Although unauthorized, the
organization Damas de Blanco (Ladies in White) generally was
allowed to assemble and walk to church each Sunday demanding
freedom for their imprisoned family members. However, the
organization reported that its activities beyond the
traditional weekly marches to church were disrupted on several
occasions during the year. In addition, a prominent blogger and
her colleague were detained and beaten while en route to a
peaceful protest. Human rights activists also reported frequent
government monitoring and disruption of cell phone and landline
services prior to planned events or key anniversaries related
to human rights. Authorities have never approved the
establishment of a human rights group; however, a number of
professional associations operated as NGOs without legal
recognition.
The government's poor human rights record degenerated
during the year, particularly after the disputed June
presidential elections. Freedom of expression and association
and lack of due process continued to be problems within Iran,
and the government severely limited individuals' right to
change their government peacefully through free and fair
elections. Following the June 13 announcement of President
Ahmadi-Nejad's reelection, hundreds of thousands of citizens
took to the streets to protest. Police and the paramilitary
Basij violently suppressed demonstrations. The official death
count was 37, although opposition groups report the number may
have reached 70. By August, authorities had detained at least
4,000 individuals, and arrests continued throughout the year. A
massive show trial involving many of the more prominent
detainees was undertaken in September. On June 20, according to
eyewitnesses, Basij militia killed Neda Agha-Soltan in Tehran.
The video of her death appeared on YouTube and became a symbol
of the opposition movement. Ahead of the June presidential
election, on the actual day of election, and during the
December 27 Ashura protests, when authorities detained 1,000
individuals and at least eight persons were killed in street
clashes, the government blocked access to Facebook, Twitter,
and other social networking sites. After the June election,
there was a major drop in bandwidth, which experts posited the
government caused to prevent activists involved in the protests
from accessing the Internet and uploading large video files.
The government continued to restrict freedom of religion
severely, particularly against Baha'is and, increasingly,
Christians.
The government of North Korea continued to subject citizens
to rigid controls over many aspects of their lives,
specifically denying citizens freedoms of expression, assembly,
and association. Reports by defectors and NGOs of extrajudicial
killings, disappearances, and arbitrary detention, including of
political prisoners, continued to paint a grim picture of life
there. The government sought to control virtually all
information: there were no independent media, Internet access
was limited to high-ranking officials and other elites, and
academic freedom was repressed. Domestic media censorship
continued to be strictly enforced and no deviation from the
official government line was tolerated. Similarly, the
government prohibited all but the political elite from
listening to foreign media broadcasts, and violators were
subject to severe punishment. There was no genuine freedom of
religion. Reports continued that religious believers, their
families, and even their descendents were imprisoned, tortured,
or simply relegated to a lower status. Indoctrination was
carried out systematically through the mass media, schools, and
worker and neighborhood associations and continued to involve
mass marches, rallies, and staged performances, sometimes
including hundreds of thousands of persons.
Government actions weakened freedom of expression and media
independence within Russia by directing the editorial policies
of government-owned media outlets, pressuring major independent
outlets to abstain from critical coverage, and harassing and
intimidating some journalists into practicing self-censorship.
During the year, unknown persons killed a number of human
rights activists and eight journalists, including prominent
journalist and human rights activist Natalia Estemirova, who
spent more than 10 years documenting cases of killings,
torture, and disappearances that she linked to the Chechen
authorities. President Medvedev stated it was ``obvious'' that
the killings were connected to Estemirova's work and ordered an
immediate investigation to find the perpetrators, but there
have been no arrests or prosecutions in this case. The
government increasingly attempted to restrict media freedom to
cover sensitive issues such as the conduct of federal forces in
Chechnya, human rights abuses, and criticism of some government
leaders. Likewise, many observers noted a selective pattern of
officials encouraging government-friendly rallies while
attempting to prevent politically sensitive demonstrations. The
government also attempted to restrict the activities of some
NGOs, making it difficult for some to continue operations. Upon
hearing criticism of the 2006 NGO law at a meeting with the
Presidential Council on Human Rights, President Medvedev called
existing regulations a ``burden'' and announced that some
regulations would be eased. None of the amendments to the law
applied to foreign NGOs.
Government officials in Venezuela, including the president,
used government-controlled media outlets to accuse private
media owners and reporters of fomenting antigovernment
destabilization campaigns and coup attempts. Senior federal and
state government leaders also actively harassed privately owned
and opposition-oriented television stations, media outlets, and
journalists throughout the year, using administrative
sanctions, fines, and threats of closure to prevent or respond
to any perceived criticism of the government. The government's
harassment of Globovision, the largest private television
network, included raiding the home of the company's president
and publicly calling for the company's closure. At year's end,
32 radio stations and two television stations had been closed,
and 29 other radio stations remained under threat of closure.
One domestic media watchdog reported that 191 journalists
either were attacked or had their individual rights violated
during the year. NGOs expressed concern over official political
discrimination against, and the firing of, state employees
whose views differed from those of the government. Private
groups also alleged that the government was pursuing 45 persons
as ``political objectives'' using various legal and
administrative means. The Organization of American States's
Inter-American Commission on Human Rights recently noted ``a
troubling trend of punishments, intimidation, and attacks on
individuals in reprisal for expressing their dissent with
official policy.''
The human rights record of the government of Vietnam
remained problematic. The government increased its suppression
of dissent, arresting and convicting several political
activists. Several editors and reporters from prominent
newspapers were fired for reporting on official corruption and
outside blogging on political topics. Bloggers were detained
and arrested under vague national security provisions for
criticizing the government and were prohibited from posting
material the government saw as sensitive or critical. The
government also monitored e-mail and regulated or suppressed
Internet content, such as Facebook and other Web sites operated
by overseas Vietnamese political groups. The government
utilized or tolerated the use of force to resolve disputes with
a Buddhist order in Lam Dong and Catholic groups with
unresolved property claims. Workers were not free to organize
independent unions, and independent labor activists faced
arrest and harassment.
The government of Uzbekistan tightly controlled the media
and did not permit the publication of views critical of the
government. Government security officials regularly gave
publishers articles and letters to publish under fictitious
bylines, as well as explicit instructions about the types of
stories permitted for publication. In July, a court convicted
independent journalist Dilmurod Sayid to 12 and one-half years
in prison on charges of extortion and bribery soon after he
published articles regarding the corruption of local government
officials. The government requires all NGOs and religious
organizations to register in order to operate, and the
activities of international human rights NGOs are severely
restricted because the government suspects them of
participating in an international ``information war'' against
the country. Any religious service conducted by an unregistered
religious organization is illegal, and police frequently broke
up the meetings of unregistered groups, generally held in
private homes. Reportedly, in some regions, universities and
schools closed to send students to work in cotton fields;
students who refused were expelled or threatened with
expulsion.
DISCRIMINATION AND HARASSMENT OF VULNERABLE GROUPS
Members of vulnerable groups--racial, ethnic and religious
minorities; the disabled; women and children; migrant workers;
and lesbian, gay, bisexual, and transgender individuals--often
were marginalized and targets of societal and/or government-
sanctioned abuse.
China continued to exert tight control over activities and
peoples that the government perceived as a threat to the
Chinese Communist Party. For example, public interest lawyers
who took on cases deemed sensitive by the government
increasingly were harassed or disbarred, and their law firms
often were closed. The government also increased repression of
Tibetans and Uighurs. The government tightened controls on
Uighurs expressing peaceful dissent and on independent Muslim
religious leaders, often citing counterterrorism as the reason
for taking action. Following the July riots that broke out in
Urumqi, the provincial capital of XUAR, officials cracked down
on religious extremism, ``splittism,'' and terrorism in an
attempt to maintain public order. In the aftermath of the
violence, Uighurs were sentenced to long prison terms and in
some cases were executed, without due process, on charges of
separatism. At year's end, Urumqi remained under a heavy police
presence and most Internet and international phone
communication remained cut off. In the Tibetan areas of China,
the government's human rights record remained poor as
authorities committed extrajudicial killings, torture,
arbitrary arrests, and extrajudicial detentions. Authorities
sentenced Tibetans for alleged support of Tibetan independence,
regardless of whether their activities involved violence. The
preservation and development of Tibet's unique religious,
cultural, and linguistic heritage also remained a concern.
The government of Egypt failed to respect the freedom of
association and restricted freedom of expression, and its
respect for freedom of religion remained very poor. Sectarian
attacks on Coptic Christians mounted during the year. The
government failed to redress laws and government practices that
discriminate against Christians. The government sponsored
``reconciliation sessions'' following sectarian attacks, which
generally prevented the prosecution of perpetrators of crimes
against Copts and precluded their recourse to the judicial
system for restitution. This practice contributed to a climate
of impunity and may have encouraged further assaults. Members
of non-Muslim religious minorities that the government
officially recognized generally worshipped without harassment;
however, Christians and members of the Baha'i faith, which the
government does not recognize, faced personal and collective
discrimination in many areas. In a step forward, the government
promulgated procedures for members of unrecognized religions,
including the Baha'i faith, to obtain national identification
documents and reportedly issued 17 such documents and 70 birth
certificates to Baha'i during the year.
As a growing number of people cross borders to find work,
migrant workers have become particularly vulnerable to
exploitation and discrimination. In Malaysia, foreign workers
were subject to exploitative conditions and 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. The law did not effectively prevent employers from
holding employees' passports, and it was common practice for
employers to do so. Some domestic workers alleged that their
employers subjected them to inhuman living conditions, withheld
their salaries, confiscated their travel documents, and
physically assaulted them.
Violence against women, violations of the rights of
children, and discrimination on the basis of gender, religion,
sect, and ethnicity were common in many countries in the Middle
East region. In Saudi Arabia, for example, Muslim religious
practices that conflict with the government's interpretation of
Sunni Islam are discriminated against and public religious
expression by non-Muslims is prohibited. Human rights activists
reported more progress in women's rights than in other areas,
and the government made efforts to integrate women into
mainstream society, for example, through the founding of the
Kingdom's first coeducational university in September. However,
discrimination against women was a significant problem,
demonstrated by the lack of women's autonomy, freedom of
movement, and economic independence; discriminatory practices
surrounding divorce and child custody; the absence of a law
criminalizing violence against women; and difficulties
preventing women from escaping abusive environments. There are
no laws specifically prohibiting domestic violence. Under the
country's interpretation of Shari'a (Islamic law), rape is a
punishable criminal offense with a wide range of penalties from
flogging to execution. Statistics on incidents of rape were not
available, but press reports and observers indicated rape
against women and boys was a serious problem.
Lesbian, gay, bisexual, and transgender (LGBT) persons in
Uganda faced arbitrary 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 have been charged under the law. The September
introduction in parliament of a bill providing the death
penalty for ``aggravated homosexuality'' and for homosexual
``serial offenders'' resulted in increased harassment and
intimidation of LGBT persons during the year; the proposed
legislation also provides for a fine and three years'
imprisonment for persons who fail to report acts of homosexual
conduct to authorities within 24 hours. Public resentment of
homosexual conduct sparked significant public debate during the
year, and the government took a strong position against such
conduct despite a December 2008 ruling by the High Court that
constitutional rights apply to all persons, regardless of
sexual orientation. The local NGO Sexual Minorities Uganda
protested alleged police harassment of several members for
their vocal stand against sexual discrimination.
Traditional and new forms of anti-Semitism continued to
arise, and a spike in such activity followed the Gaza conflict
in the winter of 2008-2009. Often despite official efforts to
combat the problem, societal anti-Semitism persisted across
Europe, South America, and beyond and manifested itself in
classic forms (including physical attacks on Jewish
individuals, synagogue bombings, cemetery desecrations; the
theft of the ``Arbeit Macht Frei'' sign from the Auschwitz
Death Camp; and accusations of blood libel, dual loyalty, and
undue influence of Jews on government policy and media.) New
forms of anti-Semitism took the form of criticism of Zionism or
Israeli policy that crossed the line into demonizing all Jews,
and, in some cases, translated into violence against Jewish
individuals in general. Instead of combating anti-Semitism,
some governments fueled it, most notably Iran's President
Ahmadi-Nejad. Anti-Semitic propaganda, including Holocaust
denial, was circulated widely by satellite television, radio,
and the Internet. A television show in Egypt that was widely
aired throughout the region did not deny the Holocaust, but
instead glorified it, praising the slaughter and humiliation of
Jews and calling for future Holocausts.
In several countries with generally strong records of
respecting human rights, there were nevertheless some notable
examples of members of vulnerable groups facing discrimination
and harassment. Discrimination against Muslims in Europe has
been an increasing concern. A recent case that received
international attention was the passage on November 29 in
Switzerland of a constitutional amendment banning the
construction of minarets. A provision in the Swiss constitution
enables direct citizen involvement. The amendment passed with
57.5 percent of the vote despite opposition from both
parliament and the Federal Council and public statements by
many of the country's leaders describing such a ban as
contradicting basic values in the country's constitution and
violating its international obligations. Proponents of the
initiative to ban minarets contended the construction of
minarets symbolized a religious and political claim to power.
In the wake of the economic downturn, there have been a
number of killings and incidents of violence against Roma,
including in Italy, Hungary, Romania, Slovakia, and the Czech
Republic. Roma are the largest and most vulnerable minority in
Europe; they suffer racial profiling, violence, and
discrimination. There were also reports of mistreatment of
Romani suspects by police officers during arrest and while in
custody. Roma faced high levels of poverty, unemployment, and
illiteracy, as well as widespread discrimination in education,
employment, and housing.
AFRICA
----------
ANGOLA
Angola is a constitutional republic with an estimated population of
16 million. The ruling Popular Movement for the Liberation of Angola
(MPLA), led by President Jose Eduardo dos Santos since 1979, has been
in power since independence in 1975 and exercised tight, centralized
control over government planning, policy making, and media outlets. In
September 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. Civilian authorities generally maintained effective
control of the security forces.
The government's human rights record remained poor, and there were
numerous, serious problems. Human rights abuses included the
abridgement of citizens' right to elect officials at all levels;
unlawful killings by police, military, and private security forces;
torture, beatings, and rape by security forces; harsh prison
conditions; arbitrary arrest and detention; official corruption and
impunity; judicial inefficiency and lack of independence; lengthy
pretrial detention; lack of due process; restrictions on freedom of
speech, press, assembly, and association; forced evictions without
compensation; and discrimination, violence, and abuse perpetrated
against women and children.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed politically
motivated killings; however, human rights activists and domestic media
sources reported that security forces arbitrarily killed two persons
during the year. In 2008 security forces arbitrarily killed 23 persons.
Impunity remained a problem, although the government prosecuted
some human rights violators. Results of investigations into security
force abuses were seldom released.
Domestic media and local human rights activists reported that
police use of excessive force resulted in killings.
On September 12, police in Luanda tortured a male citizen charged
with selling drugs. While he was under arrest, police denied him
medical assistance. He later died in prison due to serious contusions
and abuse. The provincial commander of police requested an
investigation; however, there were no updates by year's end.
On September 22, police arrested a male citizen in Porto Amboim for
a public argument and tortured him. He later died due to serious
contusions and cuts. There was no investigation by year's end.
In 2008 there were multiple media reports in Luanda that police
deliberately targeted and killed persons suspected of gang and other
criminal activity.
In July 2008 five police officers shot and killed eight teenagers.
While the officers claimed to be part of a special gang task force
tasked with ridding neighborhoods of gang members, the national police
denied the existence of the task force and relieved the police officers
of duty. Prosecutors charged seven officers with murder, and they were
undergoing trial at year's end.
Police continued to decline to prosecute several officers in
connection with a 2007 police killing of two actors during filming of a
movie in a high-crime area of Luanda. The national police stated they
were unable to positively identify the officers allegedly involved in
the killings.
In 2007 police shot and killed two vendors in an open-air market
during a raid on vendors of pirated DVDs. The minister of interior and
national police commander immediately suspended the officers in
question and promised a swift investigation. The government was still
considering criminal charges against the accused police officers at
year's end.
The Memorandum of Understanding for Peace and Reconciliation for
Cabinda Province, signed in 2006, largely brought an end to the
insurgency in the province, although sporadic attacks by dissident
factions of the Front for the Liberation of the Enclave of Cabinda
(FLEC) and counterinsurgency operations by the Armed Forces of Angola
(FAA) continued during the year.
On March 31, FLEC claimed responsibility for an attack on three
foreign-operated trucks in Cabinda, resulting in the death of a foreign
national.
On April 20, FLEC claimed responsibility for an attack in Cabinda
that killed five soldiers.
On April 28, FLEC claimed responsibility for an attack in Cabinda
that killed eight soldiers.
On December 22, FLEC claimed responsibility for the killing of 15
soldiers during an attack in Miconje.
In 2007 there was one report of an unlawful killing in Cabinda that
could be linked to FAA soldiers. The incident remained under
investigation.
Unlike in the previous year, there were no reports of killings by
private security companies in diamond concession areas.
Unlike in the previous year, there were no reports of vigilante
violence.
Landmines placed during the long civil war continued to be a
threat. According to the National Commission for Demining and
Humanitarian Assistance, landmine and other explosive remnants of war
(ERW) accidents killed eight and injured four during the year. The
government continued to strengthen and expand national demining
capacity during the year, and it partnered extensively with
international nongovernmental organizations (NGOs) on demining
operations and mine-risk education.
b. Disappearance.--There were no reports of politically motivated
disappearances. However, there were media reports that persons taken
into police or military custody disappeared. On May 15, the president
of a local movement in Lunda-Norte, Jota Malakito, was taken into
police custody and held incommunicado for six months. He was awaiting
trial at year's end.
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. The media reported that on October 9, seven
former police agents from the National Police force claimed that they
were tortured while undergoing interrogation in prison.
In 2007 the UN Working Group on Arbitrary Detentions (UNWGAD)
reported a number of detainees with visible signs of torture. Police
and other security forces rarely were held accountable. Although the
government punished some violators administratively, no prosecutions
occurred during the year.
Abuses by the army continued. There were NGO and media reports of
violence by security forces in Cabinda and Lunda Norte. In Cabinda, FAA
troops illegally detained, beat, or threatened citizens suspected of
FLEC collaboration during anti-insurgency operations, according to
human rights NGOs.
On January 7, 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.
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.
On November 10, 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.
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 May and August police expelled approximately 30,000 illegal
immigrants, most of them diamond workers in Lunda Norte and Lunda Sul.
NGOs and the media reported acts of violence and degrading treatment
associated with these operations. Military and national police forces,
collaborating to deport illegal Congolese diamond miners, arbitrarily
beat and raped deportees. Deportees were forced to march to the
Democratic Republic of Congo (DRC) border without food or water.
Government security forces conducted immigration raids on settlements
of illegal miners by employing harsh and intimidating tactics, such as
firing weapons in the air, beating or raping resisters, and stealing
their personal effects. During the expulsions in Lunda Norte,
immigration officials detained suspected illegal Congolese in makeshift
camps with poor living conditions for weeks and, in some cases, months
at a time before deporting them.
The Ministry of Interior reported that 33,567 illegal immigrants
were expelled during the year, compared with 69,183 in 2008. There were
reports of violence and degrading treatment associated with these
operations. In October local NGOs reported cases of extortion, theft,
and physical violence against Congolese during mass expulsions of
Angolans and Congolese from the DRC and Angola, respectively.
In 2007 the NGO Doctors Without Borders (MSF) reported that illegal
Congolese immigrants detained in Lunda Norte were systematically raped.
MSF also reported beatings, forced labor, withholding of food and
water, and repeated body cavity searches without the use of gloves as
the authorities moved immigrants to the DRC border for expulsion.
Several children died from malnourishment and dehydration. Although the
women said ``soldiers'' abused them, it remained unclear whether the
abusers were FAA, national or border police, or armed and uniformed
private security forces. The UN Children's Fund (UNICEF) also reported
allegations of excessive use of force by government security forces
during expulsions, including the burning of houses, arbitrary arrests,
sexual violence, extortion, and forced labor. Three Congolese workers
reportedly died while in custody. The FAA had not commented publicly on
the findings of its investigation by year's end.
Reports of abuses by private security companies continued,
especially in Lunda Norte and Lunda Sul. According to reports from
human rights activists, private security contractors hired by diamond
companies to protect their concessions from illegal exploitation were
responsible for most of the violence.
Police and immigration officials at border checkpoints and
provincial airports extorted money from travelers and harassed
returnees and refugees.
Reports of rape and sexual abuse during arrest or detention
occurred during the year. On May 29, a 15-year-old girl in Samba was
sexually abused while detained at a municipal prison.
Landmine and other ERW-related deaths continued during the year, as
infrastructure improvements made possible increased movement of persons
and goods in rural, war-affected areas. In February, March, and May, a
total of three persons were killed by landmines.
Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening. NGOs reported that prison officials
routinely beat and tortured detainees. In 2007 the UNWGAD interviewed
prisoners who showed visible signs of torture, starvation, and abuse. A
local human rights NGO reported similar conditions while visiting
prisons during the year.
Overcrowding and lack of medical care, sanitation, potable water,
and food 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.
In March 2008 the National Criminal Investigation Department (DNIC)
building collapsed, killing 31 inmates. All police escaped from the
building prior to its collapse; however, prisoners were not freed from
their holding cells.
Due to violent prison riots in 2007 that resulted in at least two
prisoner deaths, the government worked to reduce overcrowding. However,
the national prison system continued to hold more than five times the
number of prisoners for which it was designed. Luanda's Central Prison,
built to house 600 prisoners, held 3,300 before the riots. By the end
of 2007, the prison population there was reduced to approximately 1,000
prisoners. However, during a prison visit, a local human rights NGO
noted the transfer of prisoners from Luanda to the provinces worsened
overcrowding in the provincial prisons. A local human rights NGO
reported an overcrowded prison in Lubango that held 690 prisoners in a
facility built for 150. In addition, prisons in both Huambo and Viana
were grossly overcrowded.
Chronically underpaid prison officials supported themselves by
stealing from prisoners and extorting money from their family members.
Prison guards continued to demand that prisoners pay for weekend passes
to which they were entitled. There were continued reports of prison
officials operating an informal bail system, releasing prisoners until
their trial dates for a fee.
Female inmates informed the UNWGAD that prison guards regularly
raped them.
Authorities 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.
The government permitted foreign diplomatic personnel and local and
international human rights observers to visit prisons during the year.
However, the government limited access to politically sensitive
inmates. For example, during the year and in 2008, the government did
not permit NGOs to visit the former secret service chief, Fernando
Garcia Miala, who was serving a four-year sentence in a civilian
penitentiary for a military charge of insubordination. Miala was
released during the year.
In 2008 the government opened new or rehabilitated prisons in eight
provinces.
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.
On February 7, police arbitrarily detained two youths at police
headquarters when they delivered an obituary notice about their cousin,
a victim of a gang killing in Luanda. Police stated they detained the
youths because of their potential participation in a rumored plan to
break into gang members' houses. An investigation continued at year's
end.
Local human rights NGOs reported that authorities detained family
members of individuals wanted by the police.
During the year a local NGO reported that a total of 30 Cabindans
were detained in eight separate instances for supposed crimes against
the state.
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 Office of the Presidency and investigates sensitive state
security matters. The FAA is responsible for external security but also
has domestic security responsibilities, including border security,
expulsion of illegal immigrants, and small-scale actions against
dissident FLEC factions in Cabinda.
Other than personnel assigned to elite units, police were poorly
paid, and the practice of supplementing income through extortion of
civilians was widespread. Corruption and impunity remained serious
problems. Most complaints were handled within the National Police by
internal disciplinary procedures, which sometimes led to formal
punishment, including dismissal. However, the government did not
establish mechanisms to expedite investigations and punish alleged
offenders, and it rarely disclosed publicly the results of internal
investigations.
The government's closure of the UN Human Rights Office (UNHRO) in
May 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. In October police forces participated in training to
prevent trafficking in persons and to provide security for the upcoming
African Cup of Nations.
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. 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. In practice authorities regularly
exceeded these limits.
A functioning but ineffective bail system, widely used for minor
crimes, existed. Prisoners and their families reported that prison
officials demanded bribes to release prisoners.
Police often extorted bribes. Police did not obtain warrants before
conducting searches for illegal vendors and making sweeps of public
markets.
Unlawful arrest and detention continued to be serious problems.
NGOs continued efforts to secure the release of illegally detained
persons. During the year NGOs reported more than 500 cases of illegal
detentions. In 2008 citizens reported to NGOs 700 cases of illegal
detention; NGOs reported receiving petitions daily from relatives of
illegally detained persons seeking pro bono legal assistance. NGOs also
reported that police often detained citizens without charge or denied
them access to a judge for extended periods and then released them.
In mining 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, body
cavity searches, and deprivation of food and water.
Security officials arbitrarily arrested members of the opposition.
For example, in August 2008 security forces arrested 13 members of the
Party for Democratic Support and Progress of Angola opposition party
for distributing pamphlets on behalf of another opposition party. The
Luanda Provincial Court dismissed the case as the prosecutor found the
charges erroneous.
Cabinda residents continued to report that security forces detained
persons suspected of FLEC activity or collaboration. In 2008 NGOs
reported that security forces held civilians incommunicado and denied
the UNWGAD and International Committee of the Red Cross (ICRC)
permission to visit them.
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 often beat and then released
detainees rather than prepare a formal court case. In some cases,
authorities held inmates in the prison system for up to two years
before their trials began. In 2008 an NGO estimated that more than 50
percent of inmates were pretrial detainees, most of whom had not been
formally charged. The government did not release detainees who had been
held beyond the legal time limit, claiming previous releases of
pretrial detainees resulted in an increase in crime.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained understaffed,
inefficient, corrupt, and subject to executive and political influence
(see section 4).
The Supreme Court heads the formal justice system and administers
the 18 provincial courts as well as a limited number of municipal
courts. The president appoints Supreme Court justices for life terms
without confirmation by the parliament. The Supreme Court generally
heard cases concerning alleged political and security crimes. The
Ministry of Defense also tried civilians in military courts.
On August 20, the Supreme Court rescinded the 12-year sentence of
former Voice of America (VOA) correspondent Fernando Lelo. The tribunal
released him from prison after his conviction by a closed military
tribunal in September 2008 for crimes against state security and
instigating a rebellion.
In June 2008 the government created a seven-member constitutional
court to provide judicial review of constitutional issues and supervise
the electoral process. The president nominated three judges, parliament
nominated three, and the Supreme Court nominated one, all to serve
seven-year terms.
There were long trial delays at the Supreme Court level. Criminal
courts also had a large backlog of cases that resulted in major delays
in hearings.
Informal courts remained the principal institutions through which
citizens resolved conflicts in rural areas. Traditional leaders (sobas)
also heard and decided local cases. These informal systems did not
provide citizens with the same rights to a fair trial as the formal
legal system; instead, each community in which they were located
established local rules.
As most municipalities did not have prosecutors or judges, local
police often served as investigator, prosecutor, and judge. Both the
National Police and the FAA have internal court systems that generally
remained closed to outside scrutiny. 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 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, and a separate court, under the
Ministry of Justice, is designated for children's affairs. It functions
as part of Luanda's provincial court system. Minors are considered
adults at 18 but leave the juvenile court system at 16; between 16 and
18, they are tried and imprisoned with adults but are subject to
lighter sentencing. Minors bear the responsibility of proving their
age; however, in many rural provinces, courts tried as adults those
minors without identification papers.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Although the law provides
for an independent and impartial judiciary in civil matters, the
judiciary was subject to political interference. Civil courts
functioned in some provinces but faced severe backlogs. During the year
Luanda's civil courts had 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.
Citizens widely believed that the government maintained
surveillance of certain groups, including government critics,
opposition parties, and journalists.
The government continued to demolish informal squatter housing in
Luanda and to forcibly relocate residents in large provincial cities
such as Lobito.
In February Lobito and Benguela local administrations demolished
six slums, housing 1,000 to 3,500 persons. Local NGOs reported a lack
of legal due process and no compensation.
In March the government evicted and forcibly relocated
approximately 400 residents in the neighborhood of Coreia in Luanda.
Their houses were demolished.
In April the government evicted and forcibly relocated
approximately 700 families from the Ilha neighborhood of Luanda without
compensation, allegedly because their residences were at risk of damage
by high seas. Residents protested with burnt tires and roadblocks, but
police quickly quelled the protest.
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. For example, authorities cancelled live radio call-in shows
in the weeks leading up to the September 2008 legislative elections.
Human rights activists and journalists practiced self-censorship.
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.
There were 12 privately owned weekly newspapers and four Luanda-
based commercial radio stations. The government permits state-owned
Radio Nacional to broadcast nationally, but all other radio stations
can only broadcast within the province where they are located. Radio
Mais, whose ownership includes individuals associated with the ruling
party, also broadcasts in Luanda, Huambo, and Benguela. Authorities did
not allow independent stations to use repeaters to expand their signal
reach; they were required by law to open radio stations in every
province they wished to reach.
Independent radio and print media criticized the government openly
and at times harshly. Unlike in previous years, local journalists were
able to criticize government officials, particularly the president,
without fear of arrest or harassment. However, the government
restricted nationwide independent broadcasting through licensing laws.
In 2008 the state-run National Television of Angola (TPA) suspended
a leading anchor of a prime-time news program without pay for four
months for publicly declaring that censorship occurred at the TPA. The
journalist was later reinstated.
In October 2008 three journalists from national state broadcaster
Radio Nacional de Angola were suspended after they questioned President
Jose dos Santos's choices for ministry leadership.
The government continued to give preferential treatment and access
to state media organizations, including Angola Public Television, Radio
Nacional, and the only national daily newspaper, Jornal de Angola.
Government-owned press minimally covered the statements, issues, or
activities of independent journalists, opposition leaders, and civil
society organizations.
The 2006 press law ended the state monopoly on television,
partially opened the FM bandwidth to independent broadcasters, and
rescinded travel restrictions on journalists. Nonetheless, on March 26,
a privately owned radio station began broadcasting in Huambo Province.
A private television station, TV Zimbo, also began operating in 2008.
During the year authorities arrested, harassed, and intimidated
journalists.
In May the DNIC investigated the publisher of the weekly newspaper
Folha 8, William Tonet, for supposed crimes against the state; no trial
was held by year's end. On May 9, authorities seized his passport when
he attempted to visit Namibia. Police notified Tonet that he was on a
list of persons forbidden to leave the country.
On December 13, FAA soldiers detained a local correspondent of VOA
in Cabinda, Jose Manuel Gimbi, and an international Dow Jones Newswires
reporter, Benoit Faucon, for taking photographs of the new stadium
built in Cabinda for the upcoming Africa Cup of Nations. Both were
questioned but released after several hours. Gimbi claimed to have
received several domestic intelligence calls following his arrest.
In September 2008 the government accused former reporter Fernando
Lelo of inciting treason and sentenced him to eight years' imprisonment
for encouraging five soldiers to desert the FAA and join the FLEC
guerrilla movement. On August 20, the Supreme Court rescinded his
sentence and released him from prison.
In 2007 security forces imprisoned Graca Campos, director of a
private weekly newspaper that frequently criticized the government.
Campos, who was charged with defamation, was sentenced to eight months
in prison--two months more than the maximum legal sentence--and fined
an unprecedented 18.75 million kwanzas ($208,000). Campos was tried in
absentia, after he repeatedly did not heed summaries to appear in
court, which he stated he never received. He was released and awaiting
trial at year's end. He was also convicted in another case, dating back
to 2001. Media and civil society groups strongly criticized the
government's legal irregularities in the case; Campos appealed and the
court declared a mistrial in 2007, granting him early release.
There were reports that security forces interfered with
journalists' attempts to take pictures or video during the year. On May
10, a photographer in Cabinda was detained for taking pictures of the
president without previous authorization. In 2008 the government
refused to issue visas to a number of Portuguese journalists seeking to
cover the electoral process. In addition, authorities prevented a
foreign news crew from filming railroad construction in 2008.
Defamation is a crime punishable by imprisonment or fine. Accuracy
is not an acceptable defense against defamation charges; the accused
must provide evidence proving the validity of the allegedly damaging
material.
Depending on the issue, the minister of social communication, the
spokesperson of the presidency, the national director of information,
and the directors of state-run media organizations had policy and
censorship authority.
Internet Freedom.--Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail;
however, there were reports that the government monitored Internet chat
rooms and Web sites and at times pressed for the removal of defamatory
material from Web sites. Availability of Internet service and Internet
cafes increased during the year, but the high cost of Internet service
put it beyond the reach of most citizens.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for the right of assembly;
however, the government at times restricted this right.
The law requires written notification to the local administrator
three days before public or private assemblies are to be held; 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.'' Applications for progovernment gatherings
routinely were granted without delay; however, applications for
demonstrations, protests, or opposition party assemblies frequently
were denied, usually based on government claims that the timing or
venue requested was problematic. At other times the government did not
respond to the applicants, which then enabled local authorities to
threaten demonstrators with arrest for holding an event without
authorization.
In July police dispersed a crowd of protestors marching to protest
the recent demolition of houses in the Luanda neighborhoods of Iraq and
Baghdad.
On September 25, the government cancelled the celebration of Eid al
Fitr organized by the Islamic Community of Angola, the only Muslim
organization in Luanda, by flanking the entrance of the rented local
stadium with soldiers.
During the 2008 electoral period, numerous opposition parties
reported that local authorities denied requests to use buildings and
public spaces for political party rallies. They also reported that the
ruling MPLA reserved public spaces for the entire campaign period,
which permitted party supporters to interrupt and disperse opposition
party rallies in the space they had reserved. In August 2008
authorities in Namibe denied the opposition party National Union for
the Total Independence of Angola (UNITA) access to space it had
reserved and paid for, telling members that the MPLA had reserved the
same space months prior. However, the ledger indicated that the space
was available when UNITA reserved it.
In 2007 the municipal administrator denied the Forum of Political
Women, a nonpartisan group with membership from 13 political parties,
permission to distribute literature on women's political rights in a
Luanda market. Following media pressure, the local government granted
permission to use another market, and the group rescheduled the event.
However, on the rescheduled date, the market administrator denied
permission, stating municipal authorities had not notified him. While
municipal authorities apologized for what they called a bureaucratic
delay, the group decided not to reschedule again.
Freedom of Association.--The constitution and law provide for the
right of association, and the government generally respected this right
in practice. The government legally may deny registration to private
associations on security grounds. Extensive and unexplained delays in
the NGO registration process continued to be a problem. For example,
five civil society associations (the Association for Justice, Peace,
and Democracy (AJPD); Human Rights Coordination Council; SOS-Habitat;
Maos Livres; and Omunga) constituted between 2000 and 2006 remained
without certificates to operate from the Ministry of Justice at year's
end.
The government sometimes arbitrarily restricted 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 their free exercise of their parties'
right to meet.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Religious groups must register with the ministries of justice and
culture and they must have at least 100,000 adherents to qualify for
registration. During a visit in 2007, the UN special rapporteur on
freedom of religion and belief noted that this provision discriminated
against religious minorities. The Muslim community and many Christian
groups were not recognized due to this provision and were therefore
limited in their rights and activities. The government legally
recognized 85 denominations; 800 other religious denominations had
pending registration applications; the latter did not meet the
membership requirement to receive legal status, but the government did
not bar their activities.
Government officials issued statements opposing Muslim
proselytizing and linking Muslims to sensitive national issues of
illegal immigration, rising crime, and international terrorism. In
March the head of the National Religious Affairs Institute, Maria de
Fatima Republicano Viegas, said the government was concerned about
Islam in the country and would investigate the activities of all
mosques over concerns that Islamic practices go against cultural norms.
The domestic intelligence service, charged with compiling a report on
mosque activities, had begun conducting these investigations.
Republicano described Islam as alien to the culture and traditions of
the country and claimed it victimized women who married Muslim men.
The government continued its ban on 17 religious groups in Cabinda
on charges of practicing harmful exorcism rituals on adults and
children accused of witchcraft, illegally holding religious services in
residences, and lack of official registration.
Societal Abuses and Discrimination.--The Muslim community suffered
negative public attitudes throughout the country.
There is a Jewish community of approximately 350 persons, primarily
Israelis. There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the government at times restricted these rights
in practice. The government cooperated with 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 were regularly denied access for any purpose,
including obtaining water.
NGOs reported that security forces often used excessive force in
expelling illegal artisanal miners and their families. Landmines 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.--A 2006 joint assessment by the
government, the UN, and foreign governments estimated that 100,000 IDPs
remained unsettled from the civil war. The majority did not intend to
return to their area 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 landmines, were major deterrents to their return.
The Ministry of Assistance and Social Reinsertion (MINARS) has
primary responsibility for returnees and remaining IDPs, as well as
housing and resettlement programs; however, its efforts remained
inadequate. 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.
In October the DRC forcibly repatriated approximately 52,000
Angolans, mostly documented refugees, to the border provinces of Uige
and Zaire. Throughout October the government struggled to provide
supplies, water, and bathroom facilities for those housed in temporary
camps. By the end of November, MINARS had resettled approximately 75
percent of the refugees; however, logistical problems for those who
remained in the camps persisted. Local NGOs reported that some MINARS
state security officials charged 6,000 kwanzas ($67) for
transportation.
The government did not usually restrict aid efforts by
international humanitarian groups. However, the IOM and other
international organizations reported that the government sometimes
denied their access to camps for returnees in Zaire and Uije provinces.
Protection of Refugees.--The government is a party to the 1951 UN
Convention relating to the Status of Refugees, its 1967 protocol, and
the 1969 African Union Convention Governing the Specific Aspects of the
Refugee Problem in Africa. 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 some protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened. In October the government and the UNHCR resumed joint
efforts to repatriate more than 200,000 refugees remaining outside the
country since the civil war.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully. Citizens were able to exercise the right to elect
parliamentary representatives in 2008; however, the right to elect a
head of state and local leaders remained restricted.
Elections and Political Participation.--After having postponed
parliamentary elections for two years, the government held the first
postwar elections in September 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
voters' 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.
On January 15, the constitutional commission of parliament resumed
work on a new constitution, which will determine the nature and timing
of presidential elections. Although a presidential election was
expected during the year, the deadline was extended to accommodate
constitutional reforms.
The ruling MPLA dominated all political institutions. Political
power was concentrated in the president 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 comprises
220 deputies elected under a party-list proportional representation
system. This body has the authority to draft, debate, and pass
legislation, but in practice laws generally were drafted and proposed
by the executive branch for the assembly's approval. After the
September 2008 legislative elections, opposition deputies held fewer
than 20 percent of the parliamentary seats. Nonetheless, parliamentary
committees frequently held hearings in which senior government
officials were required to explain and defend government policy.
There were 96 registered opposition parties, 11 of which received
government subsidies based on their representation in parliament. Of
the 96, only 10 parties and four coalitions fulfilled the legal
requirements to participate in legislative elections. The DNIC informed
all parties that it would investigate and prosecute political parties
that used forged documents for its members during the electoral period.
Opposition parties stated that their members were subject to
harassment, intimidation, and assault by supporters of the ruling
party. In May the FAA and National Police targeted UNITA party members
during operations to deport foreign citizens from Lunda Norte province.
On February 23, in Huambo, police detained two secretaries of the UNITA
party youth wing, apparently based on MPLA accusations that they caused
a public disturbance. UNITA officials claimed that police beat the two
secretaries. One suffered a broken arm and both were jailed for more
than 24 hours. UNITA officials secured their release and received
assurances from the police commandant that the two officers would be
disciplined. However, no investigation had taken place by year's end.
Also in February, police destroyed UNITA posters in Bie Province.
Prior to the September 2008 elections, the UNITA municipal secretary in
Benguela Province reported that a member of his party was beaten for
wearing a UNITA T-shirt in the town of Ganda during the election
campaign period. In August 2008 MPLA members harassed UNITA members in
Namibe's town center when they tried to hang UNITA party flags on
lampposts. UNITA campaign materials also regularly were torn down in
Huambo Province.
Opposition party members and civil society leaders cited examples
of political intolerance during the election process.
There were 62 women in the 220-seat parliament and 19 women in the
91-member cabinet, including nine ministers and eight vice-ministers.
There were three female governors, including the governor of Luanda
Province.
The country has three dominant ethnolinguistic groups: the
Ovimbundu, Mbundu, and the Bakongo, which together constitute
approximately 77 percent of the population. Other groups also were
represented in government. There were six members of smaller ethnic
groups in the parliament and one minority member in the cabinet who is
Chokwe. The majority of political parties had limited national
constituencies, but all parties were prohibited by law from limiting
party membership based on ethnicity, race, or gender.
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 Tribunal de Contas 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. However, at year's end, the former director of
immigration and foreigners, along with six other senior Ministry of
Interior officials, were on trial for corruption.
In February a high school principal was dismissed for selling
matriculation to the school for approximately 11,000 to 13,000 kwanzas
($120 to 140) per student.
There continued to be a lack of transparency in the government's
procurement and use of oil-backed loans from the international
community.
In April media sources investigated housing project contracts to
build one million homes and wrote about unconfirmed reports that
government officials received bribes in exchange for accepting
contracts.
In September a foreign bridge-building company was convicted of
foreign bribery with undisclosed Angolan ministers and officials dating
back to 1990.
In October the DNIC held the finance division leader of Kwanza Sul
provincial police force on charges of corruption, citing extraordinary
charges and salary payments to deceased and retired police agents.
In October the government also charged five high-level immigration
officials with fraud and corruption on embezzlement of funds and
acceptance of bribes in immigration services in exchange for 27,000 to
90,000 kwanzas ($300 to 1,000). The trial was ongoing at year's end.
On October 15, former governor of Bengo, Isalino Mendes, was found
guilty of embezzling public funds.
In 2007 the government charged the former director general of
immigration with extortion; the charges stemmed from a 2006
investigation that resulted in the conviction of other immigration
officials.
The government continued its efforts to reduce discrepancies
between reported and actual oil revenues by making data available
online. To monitor and control expenditures more effectively, the
Ministry of Finance continued implementation of the Integrated
Financial System, a system designed to record all central government
expenditures. State-owned oil and mining companies were required to
conduct internal audits and submit the results to the government for
review.
Parastatals, most notably the oil entity SONANGOL, were required to
report revenues to the central bank and the Ministry of Finance, but
inconsistent accounting practices hampered transparency. SONANGOL's
dual role as governmental regulator and national oil company hindered
transparency in the petroleum sector.
Audits of ENDIAMA, the state diamond parastatal, likewise were not
made public. Serious transparency problems remained in the diamond
industry, particularly regarding allocation of exploration, production,
and purchasing rights.
The business climate continued to favor those connected to the
government. Government ministers and other high-level officials
commonly and openly owned interests in companies regulated by or doing
business with their respective ministries. There were no laws or
regulations regarding conflict of interest. Petty corruption among
police, teachers, and other government employees was widespread. There
were credible reports of high-level officials receiving substantial
kickbacks from private companies awarded government contracts.
The law provides for public access to government information;
however, the government was slow in providing it to the public.
Information posted on most government Web sites remained limited. The
government's limited technical capabilities also restricted its ability
to provide 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 throughout the country. Some of those investigating government
corruption and human rights abuses alleged government interference in
their activities throughout the year.
More than 350 domestic 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; no NGOs were banned during the year.
The government arrested and harassed NGO workers. In September the
director of SOS Habitat reported continued harassment and intimidation
by security forces in Luanda, allegedly over his vocal opposition to
housing demolitions.
The government also criticized domestic and international NGOs. In
2007 the director of the Humanitarian Assistance Technical Coordination
Unit, the government agency that oversees NGOs, alleged that certain
local NGOs and international NGOs such as Search for Common Ground, the
National Democratic Institute, and the International Republican
Institute had instigated public discontent and disobedience, operated
outside of legal parameters, and illegally involved themselves in
political activities. The director also accused the organizations of
not being legally registered. However, the government took no action
against these NGOs.
There were reports of police or military presence at community
meetings with international NGOs, especially in Cabinda.
In 2007 security forces arrested Sarah Wykes, a well-known
anticorruption researcher and specialist on extractive industry
transparency. Authorities charged Wykes with unspecified crimes against
state security during her visit to Cabinda to research transparency in
the oil sector for Global Witness. Authorities released Wykes on bail
three days later and allowed her to travel to Britain. She agreed to
return for any future trial.
Problems with governmental delays in processing registration
applications for NGOs continued. The AJPD, which continued to operate
under a clause in the registration law that automatically grants legal
operating status if authorities do not reject a group's application
within 80 days, remained unregistered, and its request to register
remained with the Supreme Court at year's end. Despite the lack of
certification, the AJPD continued to work closely with some ministries,
including in the expansion of its human rights training program with
the National Police.
Mpalabanda, a civil society organization formerly based in Cabinda,
remained banned; its registration was rescinded in 2006 when it joined
the Cabindan Forum for Dialogue, a mechanism that negotiated peace with
the government. The government determined that Mpalabanda was acting as
a political entity outside of its legal mandate as a civil society
organization. Mpalabanda supporters continued to distribute statements
through the Internet and to attend public forums throughout the year.
Former leaders reported low-level harassment and intimidation
throughout the reporting period.
More than 100 international NGOs operated in the country. The
government did not refuse visas to international NGO observers or
otherwise restrict their access to the country.
Several international human rights organizations maintained a
permanent presence in the country, including the ICRC. The government
cooperated with international governmental organizations and permitted
visits by UN representatives; however, in May 2008 the UNHRO closed its
office following a government decision not to grant a full mandate to
the office. The government had earlier requested a UNHRO presence in
Luanda to contend with war-related human rights abuses, but the
government claimed after six years of peace it had sufficient
institutional capacity to address the issues independently. The
decision to close the office directly contradicted government
commitments to work more closely with the UNHRO, made when Angola won a
three-year term on the UN Human Rights Council in 2007.
The ombudsman's office conducted prison visits during the year but
issued no reports. In 2007 the ombudsman discounted reports of human
rights abuses from SOS Habitat, Amnesty International, and HRW, stating
they contained generic and unwarranted criticisms. He admitted the
reports had ``indicative value'' but said his office did not have the
staff necessary to follow up or issue reports.
The parliamentary committee on human rights visited prisons and
held hearings on human rights issues during the year but did not issue
any reports.
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. From January to June, the police commissioner in Luanda
estimated that 10 cases of rape occurred daily nationwide, 40 percent
in Luanda. In 2007 reports indicated that 350 rapes occurred in the
capital. The Ministry of Justice worked with the Ministry of Interior
to increase the number of female police officers and to improve police
response to rape allegations. The government also instituted mass
public campaigns against gender violence.
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
rape, assault, and battery laws. A 2007 preliminary study on domestic
violence in Luanda indicated that 78 percent of women had experienced
some form of violence since the age of 15. 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. Women sometimes were killed, beaten, or
expelled from their families or died from mistreatment and
malnourishment. The religious leaders, who offered church-run shelter
to the victims, reported that police did not take action due to fears
that the women might practice witchcraft on them.
Prostitution is illegal, but the prohibition was not consistently
enforced. Many women engaged in prostitution due to poverty, but there
were no estimates of its prevalence. The MINFAMU operated a women's
shelter in Luanda that was open to former prostitutes.
Sexual harassment was common and is not illegal. However, such
cases may be prosecuted under assault and battery and defamation
statutes.
Information on government provisions for reproductive health
services or diagnosis and treatment of sexually transmitted infections,
including HIV, was not available.
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. The government, in an
interministerial effort spearheaded by the MINFAMU, 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 the protection of
children's rights and welfare but lacked the human and logistical
resources required to provide necessary programs. The National
Institute for Children (INAC) had primary responsibility for
coordinating government action concerning children's affairs.
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. The government did not permit
undocumented children access to the educational system, and fees for
birth certificates and identification cards remained prohibitive for
impoverished families. Although the official registration drive ended
in 2004, the government continued to partner with UNICEF to identify
and assist undocumented children and provided limited subsidies to
cover fees for families with proven financial need. The government
implemented a previous plan to provide birth certificates in health
clinics and maternity wards during the year.
Education is free and compulsory for documented children until the
sixth grade, but students often had significant additional expenses.
The Ministry of Education had insufficient resources, and educational
infrastructure remained in disrepair. There were insufficient schools
and teachers to provide universal primary education. The Ministry of
Education estimated an 85-90 percent primary enrollment rate during the
year. An estimated 30 percent of eligible children were enrolled at the
secondary level.
Children in rural areas generally lacked access to secondary
education, and seats were often insufficient even in provincial
capitals. There were also reports of families paying bribes to
education officials to ensure their child had a seat. According to the
UN Educational, Social, and Cultural Organization, enrollment rates
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.
In November 2008, 40 children were rescued from religious rituals of
torture. 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. In 2007 INAC inaugurated a child protection
network for Luanda Province.
During the year abuse of children accused of witchcraft continued
to be a problem. In October 2008 the government closed three Luanda
churches when neighbors reported abuse of children accused of
witchcraft. Children accused of witchcraft were subject to abuses such
as isolation from their families, denial of food and water, or
ritualistic cuttings and the placing of various caustic oils or peppers
on their eyes or ears. Persons sometimes killed children during
``exorcism'' rituals. 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 2007 a teacher in Uige Province kidnapped and beat two children
he suspected of witchcraft; one died from his injuries while the other
one recovered. Authorities imprisoned and sentenced the teacher to
eight years' hard labor.
The legal age for marriage, with parental consent, is 15. The
government did not enforce this effectively, and the traditional age of
marriage in lower income groups coincided with the onset of puberty.
Common-law marriage was regularly practiced.
Child prostitution is illegal; however, local NGOs expressed
concern over child prostitution, especially in Luanda and Cunene
provinces. In February media sources reported on child prostitution
cases in Luanda. In March NGO leaders appealed to the government for a
collective response; however, they did not receive it by year's end.
Sexual relations with a child under 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.
Trafficking in Persons.--The constitution and law prohibit slavery;
however, there are no specific laws against trafficking in persons.
Persons were trafficked from and within the country.
The country is a source for a small but significant number of women
and children trafficked for the purposes of forced labor and sexual
exploitation. Women and children were primarily trafficked to South
Africa, the DRC, Namibia, and Portugal. Officials reported an increase
in trafficking due to more open border posts. Young boys were
reportedly trafficked to Namibia for bonded agricultural work.
Women and girls were trafficked within the country for domestic
servitude and commercial sexual exploitation; young men were trafficked
internally for agricultural or unskilled labor.
The country is also a destination for women and girls, mainly from
the DRC, who are trafficked into diamond mining camps in Lunda Norte
and Lunda Sul. Congolese women and children as well as Brazilian women
were trafficked to the country during the year. Poor children and
adults were most vulnerable to trafficking.
The few traffickers working in the country were not thought to
function as a tightly organized unit; rather they worked mainly through
a series of informal or loosely associated contacts. Methods used by
traffickers to obtain and transport victims were mostly unknown,
although some reports claimed false promises of employment
opportunities that result in forced labor, including forced
prostitution.
To prosecute trafficking cases, authorities used laws criminalizing
forced or bonded labor, prostitution, pornography, rape, kidnapping,
and illegal entry. The minimum sentence for rape is eight years'
imprisonment, and sentences for related offenses carry a maximum of
life imprisonment.
In April five Zimbabweans were trafficked into the country with
false promises of professional employment. Traffickers detained the
victims at a factory complex, subjected them to forced labor, and
denied them access to travel documents and freedom of movement. In June
the Zimbabwean government assisted in returning them to Zimbabwe.
On May 28, the UN Joint Human Rights Office reported that Congolese
officials broke up a sex trafficking ring that trafficked more than 30
women and girls into Cabinda and sold them to members of the Angolan
military. Local villagers indicated that the ring had operated for the
previous five years. No prosecutions occurred during the year.
In 2007 immigration officials and the INAC in Zaire Province found
15 children trafficked from Luanda to the DRC; police arrested two
suspected traffickers. In other cases, police were unable to identify
the traffickers. Although the government began investigating one
trafficking case in 2007, case records were destroyed in the 2008
collapse of the DNIC building. There were no known trafficking-related
prosecutions during the year.
Immigration services and INAC played significant roles in
antitrafficking efforts, including training to strengthen provincial
and municipal child protection networks. Immigration officials operated
border control checkpoints that verified travel documents for children
but lacked the resources to control all border areas effectively. No
single ministry has direct responsibility for combating trafficking.
The Ministry of Interior partnered with the IOM to provide
antitrafficking seminars and training for police. In addition, police
and border control officers and representatives of several ministries,
including the Ministry of Justice and the attorney general's office,
participated in similar workshops and seminars run by the IOM. The
government operated facilities throughout the country for abandoned and
abducted children; however, in many cases the facilities were
underfunded, understaffed, and overcrowded. A Catholic-affiliated
center in Namacumbe, near the Namibian border, assisted victims of
trafficking to find and reintegrate with their families. The government
provided basic assistance to trafficking victims on an ad hoc basis.
Local social welfare agencies provided basic necessities. Victim
assistance programs did not exist outside of Luanda, nor did the
government operate shelters specifically for trafficking victims.
To prevent child trafficking, the Immigration Service operated
checkpoints to screen minors for proper travel documentation at the
international airport, border posts, and selected internal locations,
such as the trafficking hotspot of Santa Clara in Cunene Province.
INAC's six mobile provincial teams conducted spot checks of suspected
child-trafficking routes by stopping vehicles transporting children to
check for identity cards, proof of relationship to the children, and
parental permission for the child's travel.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/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. Persons with disabilities
included more than 80,000 landmine 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.
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 landmine incidents. During the September 2008 election, the
government provided voting assistance to persons with disabilities.
Indigenous People.--An estimated 3,500 San people lived in small,
dispersed communities in Huila, Cunene, and Kuando Kubango provinces.
The San are traditional hunter-gatherers who are linguistically and
ethnically distinct from their Bantu fellow citizens. Their very
limited participation in political life has increased, and Ocadec, a
local NGO advocate for the San people, worked with provincial
governments to increase services to San communities and to improve
communication between these communities and the government.
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.
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. In 2008 the FAA conducted educational programs to
discourage discrimination against HIV-positive military personnel and
prevent the spread of the disease.
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 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.
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. Unlike in the previous year, there were no strikes in
the country. However, in 2007 the government declared some strikes,
including those by teachers in Luanda and nurses in Benguela, illegal.
Teachers in Luanda were ordered back to work and threatened with
termination if they did not comply.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for the right of unions to conduct their
activities without interference, but the government did not always
protect this right. The law 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 the right to engage in union activities,
but the government may intervene in labor disputes that affect national
security, particularly strikes in the oil sector. The law prohibits
lockouts and worker occupation of places of employment and provides
protection for nonstriking workers. It prohibits strikes by armed
forces personnel, police, prison workers, and fire fighters. The
Ministry of Labor has a hotline for workers who feel 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.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor in the formal sector was restricted under the law; however,
child labor, especially in the informal sector, remained a problem. The
legal minimum age for apprenticeship is 14 years, and 18 for full
employment. Children between the ages of 14 and 18 may not work at
night, in dangerous conditions, or in occupations requiring great
physical effort, and children younger than 16 are prohibited from
factory work; however, these provisions rarely were enforced. In 2007
in Kwanza Sul Province, independent newspaper journalists found
children as young as age 10 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.
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, 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 ultimately responsible for
enforcing all labor laws; however, the MINFAMU also plays a significant
role in investigating complaints of child labor.
The Children's Affairs Court, under the Ministry of Justice, has
jurisdiction over general child protection in Luanda. Child labor cases
continued to be adjudicated by the provincial criminal courts for
minors aged 16 to 18 or by MINFAMU courts for children under age 16.
Child labor violations are punishable by fines.
In practice neither the Labor Code nor the judicial system was
capable of ensuring protection of labor rights.
Mechanisms were in place to investigate and prosecute, but the
court system was overextended and resources for family or children's
affairs courts were limited. The government lacked the capacity to
oversee the much larger informal sector. There was no formal procedure
for inspections and investigations of child labor abuses outside of the
family law system, although private persons can file accusations of
violations of child labor laws.
The government, through INAC, worked to create, train, and
strengthen child protection networks at the provincial and municipal
level 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.--In 2008 MAPESS raised the
minimum wage in the formal sector to approximately 8,600 kwanzas ($95)
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 requested it.
The government has set occupational health and safety standards;
however, the Ministry of Labor's Office of the Inspector General did
not enforce these standards effectively. Inspections occurred, although
inspection findings were not effectively enforced. Workers have the
right to remove themselves from situations that endangered health or
safety without jeopardy to their employment, but the right was not
exercised in practice.
__________
BENIN
Benin is a constitutional democracy with a population of 7.9
million. In 2006 President Boni Yayi was elected to a five-year term in
multiparty elections. In the 2007 legislative elections, President
Yayi's Cowry Force for an Emerging Benin (FCBE) won 35 of 83 seats in
the National Assembly and formed a majority with a group of 13 National
Assembly members from minor political parties. This coalition proved
unstable and relations grew more tense as opposition parties refused to
join President Yayi's government. 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. Civilian authorities generally maintained effective control
of the security forces.
The government generally respected the human rights of its
citizens. However, there were problems in some areas. There were
reports that police occasionally used excessive force. Vigilante
violence resulted in deaths and injuries. Harsh prison conditions and
arbitrary arrest and detention with prolonged pretrial detention
continued. Impunity and corruption were problems. Women were victims of
violence and societal discrimination, and female genital mutilation
(FGM) was commonly practiced. Trafficking and abuse of children,
including infanticide and child labor, occurred.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings. There
were no developments in the 2008 case of gendarmes killing a local
resident and seriously injuring three in Wawata-Zounto.
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 February 2,
inhabitants of Adjohoukole, a village in the southeast, discovered a
cattle theft ring allegedly attempting to steal cows. The inhabitants
caught a member of the ring who tried to flee on his motorbike. They
beat him, tied him up, and burned him to death. The other members of
the ring fled in two cars. The police came to the crime scene to file a
report but made no concerted effort to investigate or arrest those
involved in the killing.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the government did not always respect these prohibitions. Beatings in
custody reportedly were commonplace.
The Constitutional Court received complaints from citizens who were
brutalized by the police. For example, on February 5, the
Constitutional Court ruled that a gendarme violated provisions of the
constitution prohibiting degrading treatment or punishment when the
gendarme, during a road security check, got into a car and brutalized
the occupants, a woman and her driver.
There was no further information regarding the 2007 incident when
presidential guards shot and injured two persons for failing to obey
instructions when President Yayi's motorcade passed. At the time, the
guards reportedly were arrested.
The government continued to make payments to victims of torture
under the former military regime.
Mob violence resulted in deaths and injuries. For example, on the
night of September 14, residents of Abomey in the central region
surprised two burglars who had just broken into a restaurant. The two
burglars fled, but residents caught the two motorbike taxi drivers whom
the two men hired to transport items they planned to steal from the
restaurant. They burned the two motorbike taxi drivers. One died on the
spot while the second one was hospitalized. The police did not
investigate, and there were no arrests.
Prison and Detention Center Conditions.--Prison conditions
continued to be extremely harsh. Overcrowding and lack of proper
sanitation and medical facilities posed risks to prisoners' health.
According to a 2008 review, the number of prisoners in the eight civil
prisons reached 204 percent of capacity.
Prison diet was inadequate, and malnutrition and disease were
common. Family members were expected to provide food for inmates to
supplement prison rations, as prisoners were fed only once a day. There
were deaths in prison due to malnutrition, disease, and neglect,
although statistics were not available.
Juveniles at times were housed with adults. Pretrial detainees were
held with convicted prisoners, although not with the most violent
convicts or those convicted of crimes subject to the death penalty.
The government permitted prison visits by human rights monitors.
Nongovernmental organizations (NGOs) and religious groups continued to
visit prisons. Organizations that visited prisons during the year
included the International Committee of the Red Cross, Amnesty
International, the local chapter of Prison 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 conducting
investigations related to gender-based crimes and in their failure to
prevent or respond to mob violence. The government continued to address
these problems by recruiting more officers, building more stations, and
modernizing equipment during the year; however, serious problems
remained, including widespread corruption and impunity. Police
continued to extort money from travelers at roadblocks.
Arrest 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; under exceptional circumstances the
magistrate may authorize continued detention not to exceed eight days.
Detainees have the right to prompt judicial determination and the right
to prompt lawyer access after being brought before a judge; they are
also allowed to receive family visits. After examining a detainee, the
judge has 24 hours to decide whether to continue to detain or release
the individual. Defendants awaiting judicial 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 and
it was commonly believed--and acknowledged by some judicial personnel--
that the judicial system at all levels was susceptible to corruption.
However, there were no reports that judicial employees were sanctioned
or arrested on corruption charges during the year.
The president appoints career magistrates as judges in civil
courts. The president is assisted in this responsibility by the High
Judicial Council that serves also as a disciplinary committee for
magistrates and considers pardon cases that the president submits. The
constitution gives the Ministry of Justice administrative authority
over judges, including the power to transfer them.
Civilian courts operate on national and provincial levels. There
are two courts of appeals. The Supreme Court is the highest court in
all administrative and judicial matters. The Constitutional Court
determines the constitutionality of laws, adjudicates disputes between
the president and the National Assembly, and rules on disputes
regarding presidential and legislative elections. It also has
jurisdiction in human rights cases. There is also a High Court of
Justice to try the president and ministers for crimes related to their
officialresponsibilities.
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, at public expense if necessary; the
court provides indigent defendants with counsel upon request. A
defendant has the right to confront witnesses and to have access to
government-held evidence. Defendants are allowed to present witnesses
and evidence on their own behalf. Defendants can appeal criminal
convictions to the court of appeals and the Supreme Court, after which
they may appeal to the president for a pardon. Trials 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
and impartial judiciary in civil matters. If administrative or informal
remedies are unsuccessful, any citizen may file a complaint concerning
an alleged human rights violation with the Constitutional Court.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions. The law requires
police to obtain a judicial warrant before entering a private home, and
they generally observed this requirement.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the government did not
always respect these rights. Unlike last year there were no reports
that security forces intimidated and brutalized journalists. The
government occasionally inhibited freedom of the press. The law
criminalizes libel, and numerous journalists faced pending libel
charges. The law prohibits private citizens and the press from
declaring or predicting election results. Journalists practiced self-
censorship.
In August 2008 a parliamentary correspondent complained to the
Beninese Union of Media Workers (UPMB) that the head of the military
detachment stationed at the National Assembly threatened him with
death, allegedlybecause he published articles criticizing a government
policy. There was no further action on this matter.
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 (ODEM) continued to censure
some journalists during the year for unethical conduct, such as
reporting falsehoods or inaccuracies or releasing information that was
under embargo 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 were illiterate, lived in rural areas, and
generally received their news via radio. The governmental Office of
Radio and Television (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 (approximately $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, but judges generally refrained from
prosecuting them. Journalists continued to fight for the
decriminalization of press-related offenses. At the end of 2007, 150
libel cases were still pending before thefirst instance court of
Cotonou, and a report from the judiciary indicated that the court
continued to receive libel cases against journalists during the year.
In contrast with 2008, there were no reports that the government
penalized journalists who published items counter to government
guidelines.
The High Authority of Audiovisual and Communication (HAAC) oversaw
media operations and required broadcasters to submit weekly lists of
planned programs and publishers to submit copies of all publications;
however, the media did not comply with these requirements in practice.
The HAAC claimed that the information was used for administrative
purposes; however, some journalists complained that it was a form of
harassment.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available in cities, primarily in
Internet cafes, but for many the cost of using the Internet was
prohibitive. Due to a lack of infrastructure, Internet access was not
available in most rural areas.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the government generally respected these rights.
The government requires permits for use of public places for
demonstrations and generally granted such permits; however, the
authorities sometimes cited ``public order'' to deny requests for
permits from opposition groups, civil society organizations, and labor
unions. For example, on July 21, the government banned a unionists'
march to protest the government's management of a high-profile
corruption case linked to the renovation of two conference centers in
preparation for the 2008 meeting of the Sahel-Saharan States Community
(CEN-SAD.) The objection was that the march would hinder the pending
investigation and disrupt public order. Unionists complained that the
government had denied them the right to protest.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right. The government requires associations to register and routinely
granted registration.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right.
Persons who wish to form a religious group must register with the
Ministry of the Interior. There were no reports that any group was
refused registration or subjected to unusual delays or obstacles in the
registration process.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against members of religious groups.
There was no known Jewish community, and no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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;
however, the presence of police, gendarmes, and illegal roadblocks
impeded domestic movement. Although ostensibly meant to enforce vehicle
safety and customs regulations, many checkpoints served as a means for
police and gendarmes to exact bribes from travelers. The government
maintained previously implemented measures to combat such corruption at
roadblocks, but they were not always effective, and extortion commonly
occurred.
The government maintained documentary requirements for minors
traveling abroad as part of its continuing campaign against trafficking
in persons.
The government's policy toward the seasonal movement of livestock
allowed migratory Fulani (Peul) herdsmen from other countries to enter
and depart freely; the government did not enforce designated entry
points. Disputes sometimes arose between herdsmen and local landowners
over grazing rights.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
government has established a system for providing protection to
refugees. The country is also a party to the 1969 African Union
Convention Concerning the Specific Aspects of the Refugee Problem in
Africa. 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 convention or the 1967 protocol,
authorities direct them to the Immigration Office to apply for a
residence permit.
The government continued to permit Togolese refugees residing in
local communities and refugee camps to participate in most economic
activities and to enroll their children in local schools. In 2007 UNHCR
and the governments of Benin and Togo signed a tripartite agreement to
organize the voluntary repatriation of Togolese refugees. From January
to June, 33 Togolese refugees returned to Togo through UNHCR's
voluntary repatriation program.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and generally fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--In 2006 President Boni Yayi
was elected to a five-year term in multiparty elections. In 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 National Assembly. In 2008 the G-13
dissolved the coalition amidst political tension and the FCBE was left
with its initial 35 seats. The G-13 sided with opposition parties and
formed a blocking majority. 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
stand for election. There were no government restrictions on the
political opposition. No single party or group has recently dominated
politics.
There were nine women 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 July 3, the government released a State Audit Office's (IGE)
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.
No formal action was taken by year's end on the 2007 finding by the
IGE that approximately 300 civil servants may have embezzled 23 billion
CFA (approximately $51 million). The IGE had turned its findings over
to the Ministry of Justice for further investigation and possible
action.
In 2007 the NGO Front of National Anticorruption Organizations
accused two deputies of the National Assembly, who formerly had been
executive directors of the Benin Electric Energy Corporation, of
mismanagement and embezzlement of public funds. President Yayi asked
the National Assembly to lift the immunity of the two deputies so they
could be questioned by the IGE; however, it was not lifted by year's
end.
On July 31, the Court of Cotonou released on bail Alain Adihou, the
former minister of institutional relations who was in pretrial
detention since 2006 on the charge of embezzling one billion CFA
(approximately $2 million).
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. During the year the OLC provided awareness and training
sessions for ministry officials on issues of transparency in public
contracts and impunity in public administration. OLC also trained
judicial personnel on the UN Convention Against Corruption and the
African Union Convention on Preventing and Combating corruption.
The World Bank's most recent Worldwide Governance Indicators
reflected that corruption continued to be a serious problem.
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.
Local human rights NGOs included the League for the Protection of
Human Rights in Benin, the National Christian Youth Association for
Awareness and Development, Association for the Support of Development
and Peace, Solidarity for Behavioral Change, Benin Prison Fellowship,
Children's Rights Social Organizations' Network, and others. Local NGOs
were independent. Some local NGOs have formed networks for more
efficient implementation of their programs and to pool resources.
The government cooperated with international organizations. During
the year representatives of the 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. On November 19, the World Committee
Against Torture and the International Federation of Action by
Christians for the Abolition of Torture, in conjunction with the
Ministry of Justice, Legislation, and Human Rights and local NGOs, held
a follow-up seminar to consider the recommendations made by the CPT and
to map out strategies for the implementation of these recommendations
by the government.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, and social status; however, societal
discrimination against women continued. Persons with disabilities were
disadvantaged.
Women.--The law prohibits rape, but enforcement was weak due to
police ineffectiveness, victims' unwillingness to refer cases to the
police for fear of social stigma, and corruption. The penal code does
not make a distinction between rape in general and spousal rape.
Sentences for rape convictions ranged from one to five years'
imprisonment. In 2008 there were approximately 600 gender-based
violence cases registered in the country's eight courts. Because of the
police's lack of training in collecting evidence associated with sexual
assaults, and victims' failure 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 (WILDAF), the Female Jurists
Association of Benin (AFJB), and the Women's Justice and Empowerment
Initiative (WJEI) 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.
FGM was practiced on girls and women from infancy up to 30 years of
age, and generally took the form of excision. Approximately 17 percent
of women and girls have been subjected to FGM; the figure was higher in
some regions, including Atacora (45 percent) and Borgou (57 percent),
and among certain ethnic groups; more than 70 percent of Bariba, Yoa-
Lokpa, and Peul (Fulani) women have undergone FGM. Younger women were
less likely to be excised than their older counterparts. Those who
performed the procedure, usually older women, profited from it. The law
prohibits FGM and provides for penalties for performing the procedure,
including prison sentences of up to 10 years and fines of up to six
million CFA (approximately $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 francs (approximately $110 to $220).
Enforcement was rare, however, due to the code of silence associated
with this crime. In one example, in September 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 of Natitingou. On October 26, the Court
of Natitingou sentenced the woman to one and a half years 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 issue in local
languages on local radio stations.
Prostitution, especially child prostitution, was a problem. There
were credible reports that tourists visiting the Pendjari National Park
in the far northwest used the services of prostitutes, many of them
minors. It was not clear whether these tourists operated through a
local or an international network, or whether they came to the region
primarily for sex tourism. In March 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 aged eight to 17 to
spread awareness of the dangers of sex tourism.
Under the penal code there are no penalties imposed on prostitutes;
however, those who facilitate prostitution and individuals who profit
financially from prostitution, including traffickers and brothel
owners, face penalties including imprisonment of six months to two
years and fines of 400,000 to four million CFA (approximately $890 to
$8,900) depending on the severity of the offense. Individuals involved
in child prostitution, including those who facilitate or solicit it,
face imprisonment of two to five years and fines of one million to ten
million CFA (approximately $2,200 to $22,200). Although there are no
penalties in the penal code for prostitutes, the belief that
prostitution is illegal is widespread, and police often raided brothels
to arrest prostitutes to deter the practice; the prostitutes were then
released without being charged with any offense.
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 (approximately $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 (DEPOLIPO) 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.
Although the constitution provides for equality for women in the
political, economic, and social spheres, women experienced extensive
discrimination.
In response to a complaint filed by a woman being prosecuted for
adultery, on July 3 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. During the year the government granted microcredits to the
poor, especially to women in rural areas, to help them develop income-
generating activities. An estimated 600,000 women benefited from these
microcredit projects in the past two years.
Children.--The government has stated publicly its commitment to
children's rights and welfare, but it lacked the resources to carry out
that commitment. The Ministry of Family is responsible for the
protection of children's rights, primarily in the areas of education
and health. The National Commission for Children's Rights and the
Ministry of Family have oversight roles in the promotion of human
rights issues with regard to child welfare.
Particularly in rural areas, parents often did not declare the
birth of their children, either out of ignorance or because they could
not afford the fees for birth certificates. A 2001 survey indicated
that a quarter of children under 18 were not registered at birth. This
could result in denial of public services such as education and health
care. Several donors have taken action to increase the number of
registered children. Over the last two years, the NGO PLAN
International has supported the free registration of children who need
to take the primary school leaving exam. (Without a birth certificate
children may attend primary school but cannot take the exam.) UNICEF
and the NGO CRS/World Education have supported the government's
campaign to register every birth.
Primary education was compulsory for all children between 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. The
government offered books to pupils at reduced prices. According to
UNICEF, primary school enrollment was approximately 90 percent for boys
and 60 percent for girls; only 26 percent of boys and 12 percent of
girls were enrolled in secondary school. Girls did not have the same
educational opportunities as boys, and female literacy was
approximately 18 percent, compared to 50 percent male literacy.
FGM was commonly practiced on girls (see section 5, Women.)
The family code prohibits marriage under 14 years of age; however,
the practice continued in rural areas. Underage (14 to 17 years of age)
marriage was permitted with parental consent. There also was a
tradition in which a groom abducts and rapes his prospective child
bride. The practice was widespread in rural areas, despite government
and NGO efforts to end it through information sessions on the rights of
women and children. Local NGOs reported that communities concealed the
ongoing 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, poor, generally
rural, families placed a child in the home of a wealthier family. The
child received living accommodations, while the child's parents and the
urban family that raised the child split the income generated by the
child's activities; however, the child often faced forced labor, long
hours, inadequate food, and sexual exploitation. Vidomegon
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 education, lack of access to the courts, or fear of
police involvement.
Child prostitution was a problem. Some children, including street
children, engaged in prostitution without third party involvement to
support themselves.
Child labor, although illegal, remained a problem.
There were many street children, most of whom did not attend school
and lacked access to basic education and health services.
Trafficking in Persons.--The law prohibits trafficking in children,
but no law prohibits trafficking in adults. However, the government has
used laws that prohibit human smuggling and the labor code to prosecute
traffickers.
The country was a source, transit point, and destination for
trafficked persons, primarily children trafficked for forced labor and
sexual exploitation. The majority of trafficking occurred internally
within the extended family or community; however, organized criminal
networks also were active. The majority of Beninese children trafficked
outside of the country are sent to Nigeria, followed by Cote d'Ivoire
and Gabon. Children were trafficked to Ghana, Nigeria, Gabon, Cote
d'Ivoire, Republic of Congo, Guinea-Bissau, the Central African
Republic, and possibly Equatorial Guinea for domestic work, farm labor,
labor in stone quarries, and prostitution. In addition, children were
taken across the border to Togo and Cote d'Ivoire to work on
plantations. Children from Niger, Togo, and Burkina Faso were
trafficked to the country for indentured or domestic servitude.
Trafficked children generally came from poor rural areas and falsely
were promised educational opportunities or other incentives. There were
no reports of trafficking of adults.
The penal code prohibits child prostitution; however, enforcement
was limited, and the commercial sexual exploitation of children was a
problem. Child prostitution often involved girls whose poor families
urged them to become prostitutes to provide income. Other children were
lured to exchange sex for money by older men, often traffickers, who
acted as their ``protectors.'' Some children were abused sexually by
teachers who sought sex in exchange for better grades. NGOs and
international organizations organized assistance to child prostitution
victims and worked on prevention programs.
Penalties for traffickers involved in ``labor exploitation'' ranged
from fines to prison terms, forced prison labor, or the death penalty,
depending on the severity of the crime and the length of time over
which the exploitation occurred; however, enforcement was lax. No
statistics were available on the number of cases.
The 2006 law against child trafficking provides for increased
penalties for the trafficking of minors, including imprisonment from
six months to life, depending on the severity of the crime, and fines
from 50,000 to five million CFA (approximately $110 to $11,000).
Individuals who are aware of child trafficking offenses and do not
report them can be fined 10,000 to 50,000 CFA (approximately $20 to
$110).
During the year the government continued its efforts to arrest and
prosecute traffickers. On June 20, security forces intercepted a
vehicle in Cotonou transporting 11 children from the Togo-Benin border
to be trafficked to Lagos, Nigeria. The Minors Protection Brigade (BPM)
interviewed the traffickers and the victims, and referred traffickers
to the Court of Cotonou for further legal action.
The government reported that during the year the country's eight
courts prosecuted 40 cases related to offenses including child
trafficking, child rape, and kidnapping.
In 2006, together with 23 other West and Central African countries,
the government signed an agreement to adopt an action plan to combat
trafficking. Regional efforts also continued between heads of state of
concerned countries to identify, investigate, and prosecute agents and
traffickers, and to protect and repatriate trafficking victims. In
November 2008 the joint Benin and Nigeria Committee to Combat Child
Trafficking developed a 2009-10 joint action plan to combat the
trafficking of children from Zakpota, Benin to Abeokuta, Nigeria for
labor in stone quarries. The government facilitated reintegration of
Beninese trafficking victims rescued from Abeokuta quarries during the
year.
Since 1999 UNICEF and other donors have supported the Ministry of
Family to establish, equip, and train more than 1,300 local committees
to combat child trafficking through community surveillance and
monitoring. During the year activity focused on child trafficking in
the north. The BPM sought to prevent crimes against children and
investigated cases of child trafficking and other crimes committed
against children. It arrested traffickers, rescued victims, and worked
towards their social reintegration. The government worked with NGOs to
combat child trafficking, using media campaigns and greater border
surveillance; however, police complained that they lacked equipment to
monitor trafficking adequately. Resource constraints, prevailing
cultural attitudes, and a lack of interagency coordination prevented
the government from meeting minimum standards for the elimination of
trafficking.
During the year the Ministry of Family, international NGOs, and the
donor community assisted numerous children who had been trafficked to
other countries to work in mines, quarries, and on farms. Efforts
included the provision of food, shelter, and medical treatment. The
Ministry of Family also cooperated with partners to operate centers in
urban areas to provide education and vocational training to victims of
child trafficking. During the year government efforts to reunite
trafficked children with their families continued.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--Discrimination against persons with
physical and mental disabilities is not prohibited by law; however, the
law provides that the government should care for persons with
disabilities. There were no legal requirements for the construction or
alteration of buildings to permit access for persons with disabilities.
The government operated few institutions to assist persons with
disabilities, and many such individuals were forced to beg to support
themselves.
The labor code includes provisions to protect the rights of workers
with disabilities, which were enforced with limited effectiveness
during the year. The Office of Labor under the Ministry of Labor and
Civil Service is responsible for protecting the rights of persons with
disabilities.
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. 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 not prohibit any strike on the
grounds that it threatens the economy or the national interest. Laws
prohibit employer retaliation against strikers, except that a company
may withhold part of a worker's pay following a strike. The government
enforced these laws effectively.
The Merchant Marine Code grants seafarers the right to organize,
but 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. 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.
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. For example, in Tchatchegou, a
small village in the north, children worked with adults in a granite
quarry.
Forced child labor and prostitution by street children were
problems. Children under 14 work in either the formal or informal
sectors in the following activities: agriculture, hunting and fishing,
industry, construction and public works, trade/vending and food/
beverage, transportation, and communication and other services,
including employment as household staff.
Some parents indentured their children to ``agents'' recruiting
farm hands or domestic workers, often on the understanding that the
children's wages would be sent to the parents. In some cases these
agents took the children to neighboring countries for labor. Many rural
parents sent their children to cities to live with relatives or family
friends to perform domestic chores in return for receiving an
education. Host families did not always honor their part of the
bargain, and abuse of child domestic servants was a problem.
The Labor Office under the Ministry of Labor and Civil Service
enforced the labor code 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. The government also worked with
a network of NGOs and journalists to educate the population about child
labor and child trafficking. On November 24, 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
(approximately $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.
__________
BOTSWANA
Botswana, with a population of 1.84 million, has been a multiparty
democracy since independence in 1966. Its constitution provides for
indirect election of a president and popular election of a National
Assembly. On October 16, 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 April 2008, retained his
position. The BDP has held a majority of National Assembly seats since
independence. Civilian authorities generally maintained effective
control of the security forces.
The government generally respected the human rights of its
citizens; however, some problems remained, including reports of abuses
by security forces, poor prison conditions, lengthy delays in the
judicial process, reports of restrictions on press freedom, and
restrictions on the right to strike. Societal discrimination and
violence against women, and discrimination against children, persons
with disabilities, the lesbian, gay, bisexual, and transgender (LGBT)
community, persons living with HIV/AIDS, persons with albinism, and
members of the San ethnic group, and child labor were problems. The
government's continued narrow interpretation of a 2006 High Court
ruling resulted in the majority of San originally relocated from the
Central Kalahari Game Reserve (CKGR) being prohibited from returning to
or hunting in the CKGR.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
there were reports that the government or its agents committed
arbitrary or unlawful killings. During the year eight incidents of
police shootings during apprehension, in which 11 civilians were
killed, were reported. Of these, police opened four murder cases for
investigation, and seven coroner's investigations were opened into the
cause of death. The four murder cases were subsequently submitted to
the Directorate of Public Prosecution (DPP) for further action and were
pending at year's end. Six of the seven coroner's investigations were
also forwarded to the DPP for action; two were closed due to lack of
evidence and one continued at year's end.
For example, on January 4, police shot and killed Mothusinyana
Moag, who reportedly fled from police who confronted him because he fit
the description of a suspect; an investigation was in progress at
year's end.
On March 4, police shot and killed Mark Gumbo while in pursuit of
Gumbo and others suspected of an attempted robbery; an investigation
continued at year's end.
On May 9, police shot Tshepo Molefe during an attempted robbery.
Police claimed that Molefe or other suspects in the group fired at
police and that Molefe ran toward the police officers, who then shot
him. An investigation continued at year's end.
On May 13, unidentified government security officers shot and
killed John Kalafitas while he sat in a parked car, according to
attorneys for the Kalafitas family. The government contended that
Kalafitas was a wanted criminal who was killed during a lawful arrest.
The case was turned over to the DPP; no further action was taken by
year's end.
There were at least two reports of deaths of persons in police
custody. On March 5, 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; the case continued at year's end.
On July 29, Italy Setlampoloka was arrested as a suspect in a
series of robberies and detained at the Mogoditshane police station. On
July 30, Setlampoloka was found dead in an uninhabited area near
Mogoditshane. Police officers present during the investigation were
charged with murder; the case was ongoing at year's end.
There were no developments in the investigations into the 2008
police killings in which five persons died during apprehension.
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. No further
information was available.
Investigations continued into the October 2008 case in which the
Directorate of Intelligence and Security Services (DIS) allegedly
tortured four men, including two police officers and two soldiers,
after a weapon in their possession went missing.
There were no developments in the 2007 case in which two men stated
that threats and beatings were used to obtain their confessions to
robbery and murder charges.
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
5,170 prisoners as of December, which exceeded 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; however, there were reports of abuse during the
year.
The Department of Prisons received three complaints of alleged
assault by officers during the year. Of these, two incidents were being
investigated and one was before the court at year's end; no further
information was available.
Mothers were allowed to bring their nursing babies under the age of
two with them into the prison system, which lacked maternity
facilities. Juveniles were sometimes held with adults due to
overcrowding in the two main juvenile prison facilities. In December
there were 63 juveniles incarcerated in adult prisons. Pretrial
detainees and convicts were held together.
During the year officers of the courts, including magistrates and
judges, conducted 13 prison visits to check on prison conditions.
Government-appointed welfare and oversight committees visited prisons
45 times during the year. Committee reports were not made public. In
previous years the government permitted the International Committee of
the Red Cross (ICRC) to visit prison facilities; however, during the
year the ICRC did not seek access to prisoners. During the year
representatives of the Office of the UN High Commissioner for Refugees
(UNHCR) were able to regularly visit prisons and the Center for Illegal
Immigrants.
Voluntary and free HIV testing and peer counseling were available
to prisoners. As of December, 933 inmates out of the total prison
population tested positive for HIV/AIDS, of whom 368 were receiving
antiretroviral drug treatment. Two female prisoners were enrolled in
the government program to prevent mother-to-child transmission. The
government did not provide antiretroviral treatment to noncitizens in
detention; however, those in long-term detention could receive such
treatment free from a local nongovernmental organization (NGO).
The prison commissioner had the authority to release terminally ill
prisoners in the last 12 months of their sentences and 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. To be eligible, prisoners
must have served at least half of a short-term sentence and not have
been previously incarcerated. Prisoners convicted of violent or other
serious felonies were ineligible. By December, to ease overcrowding,
659 prisoners had been released to complete their sentences in the
program.
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. In
2008 the cabinet disbanded the Local Police Service and began merging
it with the BPS; previously customary or local police, under the
Ministry of Local Government, had law enforcement responsibility in
specified tribal areas. The army is responsible for external security
and has some domestic security responsibilities.
Police officials acknowledged that corruption was a problem in the
lower ranks; some officers took advantage of illegal immigrants and
traffic violators. During the year there were 35 police officers
arrested for crimes. Of these, courts tried and convicted five, six
were reinstated, and 24 were under investigation at year's end.
Civilian authorities generally maintained effective control of the
security forces, and the government had effective mechanisms to
investigate and punish abuse and corruption, including investigation by
police and referral into the criminal court system.
During the year 30 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 April 2008 the government established the DIS, 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 it was not
subject to sufficient independent oversight and posed a potential
threat to civil liberties.
Authorities must inform suspects of their rights upon arrest,
including the right to remain silent, and must charge them 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 may be renewed 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. Detainees were generally informed of the reason
for their detention, although there were complaints that this did not
always occur. A bail system functions, 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 an attorney 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, of the 5,170 persons in custody, 1,441 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. A 2005 report by the Office of the Ombudsman
characterized the ``delays in the finalization of criminal matters in
all courts'' as a ``serious concern,'' particularly the delays in
processing appeals.
The civil court system includes magistrates' courts, an industrial
court, a court of appeal, and the High Court. A customary or
traditional court system also exists. A small claims court was
established during the year 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 that all citizens enjoy
these rights.
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.
Although customary or traditional courts enjoy widespread support
and citizen respect, 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 but similar procedures
from civil courts.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--In the formal judicial
system, there is an independent and impartial judiciary in civil
matters, which includes a separate industrial court for most labor-
related cases. Administrative remedies were not widely available.
Most civil cases were tried in customary courts. These courts
handled land, marital, and property disputes and often did not afford
due process.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
However, the government's continued narrow interpretation of a 2006
High Court ruling resulted in the majority of San being prohibited from
living or hunting in the CKGR. In 2002 the government forcibly
resettled the remaining indigenous San and other minority members
living in the CKGR who had not voluntarily left in resettlement sites
outside the reserve. Government officials maintained that the
resettlement program was voluntary and necessary to facilitate the
delivery of public services, provide socioeconomic development
opportunities to the San, and minimize human impact on wildlife (see
section 6).
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 December 2008 parliament passed the Media Practioners' Act,
which established a new media council to register and accredit
journalists, promote ethical standards among the media, and receive
public complaints. Some NGOs, including MISA, the independent media,
and opposition members of parliament 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 Daily News
newspaper and through two FM radio stations. State-owned media
generally featured uncritical reporting on the government and were
susceptible to political interference. Opposition political parties
claimed that state media coverage heavily favored the ruling party.
The independent media were active and generally expressed a wide
variety of views, 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 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 that the
government occasionally censored stories that it deemed undesirable and
that government journalists sometimes practiced self-censorship.
In 2007 the NGO First People of the Kalahari (FPK) reported the
government would allow the FPK to have two-way radios in the CKGR
provided it followed licensing requirements. However, as of December
the FPK had not completed licensing requirements due to inability to
afford the annual 1,500 pula (approximately $227) licensing fee.
In 2007 the government required 17 foreigners, including seven
journalists who had written articles critical of the government, to
apply for visas prior to entry even though they were from countries
generally exempt from this requirement. The requirements continued
during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chatrooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
access was most common in large urban areas but began to expand to
smaller cities and some rural areas. According to International
Telecommunication Union statistics for 2008, approximately 6.25 percent
of the country's inhabitants used the Internet. However, there were
some reports during the year that the figure was higher.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Societal Abuses and Discrimination.--Government policy and practice
contributed to the generally free practice of religion. There was no
known Jewish community and no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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.
The government restricted the ability of indigenous San who had
been relocated from the CKGR to designated settlement camps in 2002 to
return to the reserve. Only the 189 San named in a 2006 High Court
case, their spouses, and their minor children were permitted to live in
the CKGR. A few San had never left the reserve, and some San moved back
to the CKGR after the High Court's decision. Many of the 189 did not
return to live in the CKGR, as lack of water made the CKGR an extremely
inhospitable 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.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. 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 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. 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. Refugees in Dukwe were
provided access to education and health care. The UNHCR criticized the
detention of asylum seekers at the Center for Illegal Immigrants on the
grounds that asylum seekers should not be held in detention facilities,
although asylum seekers were housed separately from illegal immigrants.
Conditions at the center were generally adequate, but children in the
center did not have sufficient access to education for the duration of
their detention, which in a few cases lasted many months.
Approximately 600 of the country's 3,500 registered refugees were
living and working outside Dukwe Camp at the beginning of the year.
Since 1997 the government had allowed refugees to apply for special
residency permits to live and work outside of the camp for a one-year
period with the possibility of renewal. In June the government decided
to restrict the ability of registered refugees to live and work outside
the camp. The Ministry of Defense, Justice, and Security informed the
refugees that their permits would not be renewed and that they would
receive assistance with returning to the camp on a rolling basis as
permits expired and circumstances allowed, including completion of
school terms for children. The government stated that in some
exceptional cases, such as for refugees enrolled in higher education or
with ``unique skills,'' residence outside the camp would be permitted.
By year's end 95 refugees had returned to Dukwe.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--On October 16, 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 April
2008, when former president Festus Mogae resigned, retained his
position. However, the ruling 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 won
six, the Botswana Congress Party won five, 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 specially elected National Assembly members who are
nominated and elected by parliament.
The House of Chiefs acts as an advisory upper chamber to the
National Assembly on any legislation affecting tribal organization and
property, customary law, and the administration of customary courts. It
consists of eight paramount chiefs, five chiefs chosen by the
president, and 22 elected chiefs from designated regions. The paramount
chiefs are members of the House of Chiefs for life, while the chosen
and elected chiefs serve five-year terms. The first election based on
2006 amendments to the constitution to expand the House of Chiefs was
held in 2006.
Political parties operated without restriction or outside
interference.
There were four women in the 61-seat National Assembly, a female
speaker of the National Assembly, four women in the 24-member cabinet,
and four women in the 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. By
law members of all groups enjoy equal rights, and minority tribes have
representation that is at least equal to that of the eight principal
tribes.
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.
There are no formal financial disclosure laws. However, in October
a presidential directive required all cabinet ministers to declare
interests, assets, and liabilities to the president. Critics contended
that the policy did not go far enough to promote transparency and that
financial declarations by senior government officials should be
available to the public.
During the year the Directorate on Corruption and Economic Crime
(DCEC) initiated investigations into 39 suspicious transactions; at
year's end 18 remained under investigation and 21 were concluded. Of
these, 18 cases were dismissed after allegations of illegal conduct
were disproved, and three cases were dismissed for insufficient
evidence.
Through December police initiated 22 investigations of alleged
corruption involving police officers; all 22 continued at year's end.
An additional 18 police officers were dismissed during the year for
failure to adhere to the code of conduct.
The four police corruption cases from 2008 concluded with all four
officers being convicted and fired.
In April the National Assembly enacted an antimoney laundering law
entitled the Financial Intelligence Act. Until the new Financial
Intelligence Agency, as provided for under the act, is fully
functional, the DCEC has responsibility for investigating suspected
instances of money laundering and has the authority to demand access to
bank records during an investigation.
The law does not provide for 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 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, the
Botswana Center for Human Rights.
In 2007 the government placed visa requirements on certain foreign
NGO workers, a practice which continued during the year.
During the year the government worked cooperatively with
international organizations, including the ICRC and UN. The government
allowed visits from UN representatives and representatives from human
rights and humanitarian organizations such as the ICRC.
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. So long as a job applicant is able to perform the duties of
the position, the government may not discriminate against him or her
due to disability or language. However, the law does not prohibit
discrimination by private persons or other 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 gay persons.
Women.--The law prohibits rape but does not recognize spousal rape
as a crime. Laws against rape were effectively enforced; however,
police noted that victims often declined to press charges against the
perpetrators, and statistics on prosecutions and convictions were
unavailable. The number of reported rape cases increased during the
year from 1,360 to 1,539. However, it was unclear whether this was a
result of increased reporting due to NGO efforts to improve awareness
of the crime or an increase in the number of rapes. By law the minimum
sentence for rape is 10 years in prison, increasing to 15 years with
corporal punishment if the offender is HIV-positive, and 20 years'
imprisonment with corporal punishment if the offender was aware of
having HIV-positive status. Corporal punishment was used more often in
the customary courts and typically consisted of strokes to the buttocks
with a stick. A person convicted of rape is required to undergo an HIV
test before being sentenced. However, police lacked basic investigative
techniques in rape cases.
The law does not specifically prohibit domestic violence against
women, and it remained a serious problem. Police did not keep
statistics for the specific category of domestic violence, as it is not
considered a crime under the penal code. Customary law allows husbands
to treat their wives in the same manner as minor children. Under
customary law husbands may use corporal punishment to discipline their
wives, which was common in rural areas. Greater public awareness
resulted in increased reporting of domestic violence and sexual
assault.
Prostitution is illegal but was widespread. Enforcement was
sporadic and complicated by vague laws that made it easier to charge
violators with offenses such as unruly conduct or loitering than for
prostitution. Most police enforcement took the form of periodic sweeps
of areas used for solicitation.
The law prohibits sexual harassment in both the private and public
sectors. Sexual harassment committed by a public official is considered
misconduct and is 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 for sexually
transmitted diseases. The government's Prevention of Mother to Child
transmission program for HIV curtailed such transmission.
Women legally have the same civil rights as men, but in practice
societal discrimination persisted. A number of traditional laws
enforced by tribal structures and customary courts restricted women's
property rights and economic opportunities, particularly in rural
areas. Marriages can occur under one of three systems, each with its
own implications for women's property rights. A woman married under
traditional law or in ``common property'' is held to be a legal minor
and required to have her husband's consent to buy or sell property,
apply for credit, and enter into legally binding contracts. Under an
intermediate system referred to as ``in community of property,''
married women are permitted to own real estate in their own names, and
the law stipulates that neither spouse can dispose of joint property
without the written consent of the other. Women increasingly exercised
the right to marriage ``out of common property,'' in which case they
retained their full legal rights as adults. Polygyny is legal under
traditional law with the consent of the first wife, but it was not
common.
Skilled urban women had increasing access to entry- and mid-level
white collar jobs. According to a 2007 Grant Thornton International
Business Report, 74 percent of businesses employed women in senior
management positions, and women occupied 31 percent of such positions.
Women occupied many senior-level positions in government agencies, such
as speaker of the General Assembly, governor of the Bank of Botswana,
attorney general, minister of in the Office of the President, minister
of education and skills development, director of public prosecution,
and numerous permanent secretary positions. However, a 2007 UN report
found that women's political participation was not equal to that of
men. In March 2008 the Botswana Defense Force (BDF) began to allow
women to serve in the military. In November 2008 the first class of
Batswana female officer candidates completed their training in Tanzania
and joined the BDF. During the year women were included as officer
candidates in the first integrated training class to be conducted in
Botswana.
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
matters. During the year a local NGO reported that women were
increasingly able to access credit 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 conveyed 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 services provided
by the government.
The government continued to allocate the largest portion of its
budget to the Ministry of Education. The Ministry of Local Government
distributed books and other materials for primary education and food.
Education was not compulsory. In 2006 the government reintroduced
school fees. The fees could be waived for children whose family income
fell below a certain amount. The government also provided uniforms,
books, and 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. School attendance and completion
rates were highest in urban areas, where transportation was readily
available, and lowest in rural areas, where children often lived far
from schools and often assisted their families as cattle tenders,
domestic laborers, and child care providers.
No law specifically prohibits child abuse. Sex with a child younger
than 16 is known as defilement and is prohibited and punishable by a
minimum of 10 years of incarceration. Police reported that through the
end of September there were 1,197 reported cases of rape, 350 cases of
defilement, four cases of incest, 93 cases of indecent assault on
girls, and two cases of indecent assault on boys. There were defilement
investigations and convictions during the year, but detailed statistics
were unavailable. Sexual abuse of students by teachers was reported to
be a problem. Children were sometimes sexually abused by the extended
family members with whom they lived. The law considers incest a
punishable act only if it occurs between blood relatives.
Child marriage occurred infrequently and was largely limited to
certain ethnic groups. Marriages that occur when either party is under
the legal age of 18 are not recognized by the government.
Child prostitution and pornography are criminal offenses. Media and
NGO reports indicated that prostituted children had been made available
to truck drivers along the main road linking the country with South
Africa and that many of the girls and boys were thought to be orphans.
There were reports of child labor. Of the children employed,
approximately half were below the legal working age of 14. Two-thirds
of employed children were working in rural villages, and more than 60
percent worked in the agricultural sector, mostly on a subsistence
level on family cattle posts or farms.
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. During the year the government registered
58,000 children as orphans, a discrepancy that was due to the
government's use of a more restrictive definition of orphan, which
required both parents to be deceased, than the one used by the UN. Once
registered, the children received clothes, shelter, a monthly food
basket worth between 216 pula (approximately $33) and 350 pula ($53)
depending upon location, and counseling as needed. Some relatives
continued to deny inheritance rights to orphans.
Trafficking in Persons.--The law does not prohibit trafficking in
persons, although penal code provisions cover related offenses such as
abduction and kidnapping, slave trafficking, and procuring women and
girls for the purpose of prostitution. There were reports that persons
were trafficked to, from, through, or within the country. The country
was a source, transit, and, to a lesser extent, destination country for
men, women, and children trafficked for the purpose of forced labor and
sexual exploitation. Children were trafficked internally for domestic
servitude and cattle herding. According to one NGO, women reported
being forced into commercial sexual exploitation at safari lodges. The
country was a staging area for both the smuggling and trafficking of
third-country nationals, primarily from Namibia and Zimbabwe, to South
Africa. Zimbabweans were also trafficked into Botswana for forced labor
as domestic servants. Residents most susceptible to trafficking were
illegal immigrants from Zimbabwe, unemployed men and women, those
living in rural poverty, agricultural workers, and children orphaned by
HIV/AIDS.
Traffickers charged with kidnapping or abduction could be sentenced
to seven years' imprisonment. However, the government did not
prosecute, convict, or punish any trafficking offenses during the year.
The government funded and otherwise supported NGO programs that
provided assistance and services to victims of general crimes that were
also accessible to victims of trafficking. Authorities, in partnership
with other governments in the region, assisted the safe repatriation of
a trafficking victim to the victim's country of origin.
The government placed antitrafficking education posters at all of
its border posts and included trafficking awareness segments in some of
its law enforcement training sessions.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in education, employment, access to
health care, or the provision of other state services. The government
has a national policy that provides for integrating the needs of such
persons into all aspects of government policymaking. The government
mandated access to public buildings and access to transportation for
persons with disabilities. However, although new government buildings
were being built to ensure access for such persons under the
supervision of the Ministry of Works, most older government buildings
remained inaccessible. 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 such persons to vote.
The Ministry of Labor and Home Affairs is responsible for ensuring
that the rights of persons with disabilities are protected and
investigating claims of discrimination. Individuals can also bring
cases directly to the Industrial Court. The government funded NGOs that
provided rehabilitation services and supported small-scale projects for
workers with disabilities.
Indigenous People.--The country's estimated 50,000 to 60,000 San
represented approximately 3 percent of the population. The San are
culturally and linguistically distinct from most of the population. By
law discrimination against the San with respect to employment, housing,
health services, and cultural practices is illegal. However, they
remained economically and politically marginalized and generally did
not have access to their traditional land. The San continued to be
isolated, had limited access to education, lacked adequate political
representation, and were not fully aware of their civil rights. In 2002
the government forcibly resettled San who were living in the CKGR to
the settlement areas of Kaudwane, New Xade, and Xere.
While the government respected the 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 the applicants were
entitled to return to the CKGR without entry permits and to receive
permits to hunt in designated wildlife management areas that are not
located in the CKGR. The court also ruled the government was not
obligated to resume providing services within the CKGR, and during the
year the government did not reopen water wells in the CKGR. Many of the
San and their supporters continued to object to the government's narrow
interpretation of this ruling. In November a small group of San filed a
lawsuit that sought to require the government to open a water well at a
specific location inside the CKGR. The San contended that a well had
existed at this location previously, but the government denied this.
Government sources confirmed that negotiations with San representatives
on residency, water, and hunting rights continued at year's end.
During the year the government arrested several San for illegally
hunting in the CKGR. Although the law allows for a sentence including a
fine or prison term for those found guilty of illegal hunting, none of
the San arrested during the year were sanctioned.
During the year there were no government programs directly
addressing discrimination against the San. With the exception of the
2006 court ruling, there were no demarcated cultural lands.
A number of NGOs made efforts to promote the rights of the San or
to help provide economic opportunities. However, the programs had
limited impact. The NGO Survival International, along with other
independent organizations, continued to criticize the decision by the
diamond company De Beers to restart exploration in the CKGR. The NGOs
argued that diamond exploration in the CKGR had 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 law does not criminalize
sexual orientation. However, the law does criminalize ``unnatural
acts,'' which was widely believed to include homosexual conduct. Police
did not target homosexual activity, and during the year there were no
reports of violence against persons due to their sexual orientation or
gender identity. However, there were reports of societal discrimination
and harassment of members of the LGBT community. The independent
organization LEGABIBO (Lesbians, Gays, and Bisexuals of Botswana)
attempted to register as an advocacy NGO; however, the government
refused to register it.
Other Societal Violence or 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, except for
police officers, the BDF, and the prison service, to form and join
unions of their choice without excessive requirements, and workers
exercised this right in practice. Most public sector associations have
converted to unions. The industrial or wage economy was small, and
unions were concentrated largely in the public sector, mineral
extraction, and to a lesser extent in the railway and banking sectors.
The law requires that an organization have more than 30 employees to
form a trade union.
The law severely restricts the right to strike, and virtually all
strikes are ruled illegal, leaving striking workers at risk of
dismissal. Legal strikes theoretically are possible only after an
exhaustive arbitration process. Sympathy strikes are prohibited.
The 2006 case regarding the copper mine's dismissal of 178 workers
for striking that was dismissed by a lower court was appealed during
the year; the Industrial Court had not heard the appeal 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 that the case was not tried in a timely fashion. The 461 former
employees appealed the dismissal; however, the dismissal was upheld.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
government protected this right in practice. The law provides for
collective bargaining for unions that have enrolled 25 percent of an
organization's labor force.
Civil service disputes were referred to an ombudsman for
resolution. Private labor disputes were mediated by labor
commissioners; however, an insufficient number of commissioners
resulted in one- to two-year backlogs in resolving such disputes.
Workers may not be fired for legal union-related activities;
however, unregistered trade unions are not protected against antiunion
discrimination. Dismissals on other grounds may be appealed to civil
courts or labor officers, which rarely ordered more than two months'
severance pay.
The country's export processing zone (EPZ) exists on paper only.
There are no special laws or exemptions from regular labor laws in the
EPZ.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced and compulsory labor, including by children;
however, there were reports that such practices occurred.
According to one NGO, women reported being forced into commercial
sexual exploitation at safari lodges, and some Zimbabwean women
reported being exploited by employers for forced labor. Children were
trafficked internally for domestic servitude and cattle herding.
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 a day or 30 hours a 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 in work that is dangerous or immoral. The law provides
that adopted children may not be exploited for labor and protects
orphans from exploitation or coercion into prostitution.
According to the 2005-06 labor survey, slightly fewer than 38,000
children between the ages of seven and 17 were employed in the formal
sector in 2006. Approximately half of those employed were younger than
14. More than 60 percent of employed children worked in agriculture, 20
percent in retail trade, and 4 percent in private homes. Children also
worked as domestic laborers, prostitutes, and in informal bars. Outside
of supermarkets they sometimes assisted truck drivers with unloading
goods and carried bags for customers. Many orphans also left school to
work as caregivers for sick relatives. Most employed children worked up
to 28 hours per week.
The Ministry of Labor and Home Affairs was responsible for
enforcing child labor laws and policies, and it was generally
effective, despite limited resources for oversight of remote areas of
the country. District and municipal councils have child welfare
divisions, which are also responsible for enforcing child labor laws.
Other involved government entities included offices of 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. During
the year there were no prosecutions, convictions, or fines levied for
illegal child labor.
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 (approximately
$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, 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
district had at least one labor inspector.
Formal sector jobs generally paid well above minimum wage levels.
Informal sector employment, particularly in the agricultural and
domestic service sectors, where housing and food were provided,
frequently paid below the minimum wage. In March the Ministry of Labor
and Home Affairs introduced new minimum wages for workers in the
agricultural and domestic sectors; the wages took effect on April 1.
The minimum wage for domestic workers was 2 pula (approximately $0.30)
per hour. Workers in the agricultural sector were required to be paid
408 pula ($62) per month; however, the cost of feeding a worker who
lived on the employer's premises could be deducted from the wage.
The law permits a maximum 48-hour workweek, exclusive of overtime,
which is payable at time-and-a-half. The law does not specifically
mandate 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 enforce
labor regulations; however, the number was insufficient to conduct
inspections fully.
The government's ability to enforce workplace safety legislation
remained limited by inadequate staffing and unclear jurisdictions among
different ministries. Nevertheless, there are limited requirements for
occupational safety 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 14.25
million. In 2005 President Blaise Compaore was reelected to a third
term with 80 percent of the vote. Observers considered the election
generally free, despite minor irregularities, but not entirely fair due
to the ruling party's control of official resources. The president,
assisted by members of his party, the Congress for Democracy and
Progress (CDP), continued to dominate the government. The CDP won a
majority in the 2007 legislative elections, which observers declared
generally free and orderly despite irregularities, including fraud
involving voter identification cards. While civilian authorities
generally maintained effective control of the security forces, there
were instances in which elements of the security forces acted
independently.
The following human rights problems were reported: security force
use of excessive force against civilians, criminal suspects, and
detainees; arbitrary arrest and detention; abuse of prisoners and harsh
prison conditions; official impunity; judicial inefficiency and lack of
independence; occasional restrictions on freedom of the press and
assembly; official corruption; violence and discrimination against
women and children, including female genital mutilation; trafficking in
persons, including children; discrimination against persons with
disabilities; and child labor.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
on September 6, prison guards shot and killed six prisoners and
severely injured eight while trying to quell a prisoner protest against
preferential treatment for wealthier prisoners. The Burkinabe Movement
for the Emergence of Social Justice 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 practices,
members of the security forces continued to abuse persons with
impunity, and suspects were frequently subjected to beatings, threats,
and occasionally torture to extract confessions.
Forcible dispersions of protesters engaged in violent
demonstrations resulted in numerous injuries during the year (see
section 2.b.).
On September 21, following an altercation between local youths and
police cadets, more than 100 cadets of the National School of Police in
Ouagadougou (ENP) beat residents with military belts and ransacked
local businesses in the Gounghin neighborhood, resulting in numerous
injuries and property damage. The rampage continued until police and
gendarmes returned the students to their barracks. The minister of
security, who apologized to the victims and promised a full
investigation, announced a few days later that all the cadets involved
in the incident had been expelled from ENP and that their scholarships
would be used to compensate residents for damages.
In 2008,following an investigation and trial, the Military Court
acquitted eight of the 10 soldiers accused of the 2007 assault,
battery, and destruction of private property of residents in Banfora,
Comoe Province. One soldier received a suspended sentence and was
released the day of his arrest, and another served a six-month prison
term.
Prison and Detention Center Conditions.--Prison conditions were
harsh and could be life threatening. Prisons were overcrowded, and
medical care and sanitation were poor. Prison diet was inadequate, and
inmates often relied on supplemental food from relatives. Pretrial
detainees were usually held with convicted prisoners.
Deaths from prison conditions or neglect occurred, according to
human rights organizations. According to medical reports, 17 prisoners
died of natural causes during the year, and human rights activists
suspected that most of these deaths were due to harsh prison
conditions.
There were 5,082 persons incarcerated throughout the country,
including 104 women and 180 minors. Of these, 2,501, including 58 women
and 116 minors, were in pretrial detention.
Prison authorities generally granted permission to visit prisons
and did not require advance permission. This permission extended to
local and international human rights groups, the media, and
International Committee of the Red Cross. There were no reports during
the year of prison visits by international organizations; however,
during the year members of local nongovernmental organizations (NGOs),
foreign embassies, and the press visited prisons.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the government did
not consistently observe these prohibitions.
Role of the Police and Security Apparatus.--The national police,
under the Ministry of Security, and the municipal police, under the
Ministry of Territorial Administration, are responsible for public
security. Gendarmes report to the Ministry of Defense and are
responsible for some aspects of public security.
Corruption was widespread, particularly among lower levels of the
police and gendarmerie. The 2007 report by the NGO National Network to
Fight against Corruption (RENLAC) stated that the police and
gendarmerie were among the most corrupt institutions in the country.
Corruption and official impunity were also serious problems in the
military. The gendarmerie is responsible for investigating abuse by
police and gendarmes; however, the government took no known
disciplinary action against those responsible for abuses, and the
climate of impunity created by the government's inaction remained the
largest obstacle to reducing abuses. In contrast with the previous
year, the Human Rights Ministry did not conduct any seminars to educate
security forces on human rights standards.
Human rights associations believed that security forces were not
effective in responding to societal violence. A lack of financial and
human resources and a complicated procedure to make security forces
take action were serious impediments to preventing or responding to
societal violence. For example, security forces were not effective in
addressing incidents between Fulani herders and the 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 signed by
a duly authorized official. However, authorities did not always respect
this process. Detainees were promptly informed of charges against them.
The law provides for the right to expeditious arraignment, bail, access
to legal counsel after a detainee has been charged before a judge 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 access to family members, although detainees were generally
allowed such access.
On December 7, police arrested 26 high school students in
Ouagadougou who were commemorating the anniversary of the 2000 killing
by security forces of 12-year-old Flavien Nebie in Bousse, Kouweogo
Province, and demanding punishment for the perpetrators. Police
released seven of the students without charges but charged the
remaining students with illegal demonstration and drug possession. At
the conclusion of a December 22 trial, the justice officials acquitted
the defendants for lack of sufficient evidence.
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 average time of
detention without charge (preventive detention) was one week; however,
the law permits judges to impose an unlimited number of six-month
preventive detention periods, and defendants without access to legal
counsel were often detained for weeks or months before appearing before
a magistrate. Government officials estimated that 23 percent of
prisoners nationwide were in pretrial status. In some cases detainees
were held without charge or trial for longer periods than the maximum
sentence they would have received if convicted of the alleged offense.
There was a pretrial release (release on bail) system; however, the
extent of its use was unknown.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was corrupt,
inefficient, and subject to executive influence. The president has
extensive appointment and other judicial powers. Constitutionally, the
head of state also serves as president of the Superior Council of the
Magistrature, which nominates and removes senior magistrates and
examines the performance of individual magistrates. Other systemic
weaknesses in the justice system included the removability of judges,
corruption of magistrates, outdated legal codes, an insufficient number
of courts, a lack of financial and human resources, and excessive legal
costs.
There are four operational higher courts: the Supreme Court of
Appeal, the Council of State, the Audit Court and Office, and the
Constitutional Council. Beneath these higher courts are two courts of
appeal and 24 provincial courts. There is also a High Court of Justice
with jurisdiction over the president and other senior government
officials. Tribunals in Ouagadougou and Bobo-Dioulasso try juveniles
under 18. The Military Court tries only military cases and provides
rights equivalent to those in civil criminal courts.
Traditional courts in rural areas were abolished in 1984 and no
longer have any legal standing. However, many traditional chiefs were
still highly influential in rural areas and could, for example, keep
women from exercising their rights.
Women continued to occupy a subordinate position and experienced
discrimination in education, the workplace, property ownership, access
to credit, management or ownership of a business, and family rights.
Although the law provides equal property rights for women and,
depending on other family relationships, inheritance benefits, in
practice traditional law denied women the right to own property,
particularly real estate. In rural areas, land belonged to the family
of a woman's husband. Many citizens, particularly in rural areas, held
to traditional beliefs that did not recognize inheritance rights for
women and regarded women as property.
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 promptly informed of charges against
them, to provide their own evidence, and to access government-held
evidence. Defendants can challenge and present witnesses and have the
right of appeal. If indigent, they have the right to a lawyer provided
by the state. However, these rights were seldom respected. In addition,
popular ignorance of the law and a continuing shortage of magistrates
limited the right to a fair trial.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--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 to settle disputes with the government. The law provides
for access to a court to bring lawsuits seeking damages for, or
cessation of, a human rights violation, and both administrative and
judicial remedies were available for alleged wrongs. However, there
were problems enforcing court orders when they concerned sensitive
cases.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions. In national
security cases, the law permits surveillance, searches, and monitoring
of telephones and private correspondence without a warrant. By law and
under normal circumstances, homes may be searched only if the justice
minister issues a warrant.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the government
partially limited press freedom and intimidated journalists into
practicing self-censorship.
In general citizens and the press could criticize the government
without reprisal. However, journalists were occasionally sued by the
government or a progovernment political figure under a law that defines
libel in excessively broad terms. Government agents sometimes
infiltrated political meetings and rallies to impede criticism.
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 and radio and television stations, some
of which were highly critical of the government. Foreign radio stations
broadcast without government interference.
All media were under the administrative and technical supervision
of the Ministry of Culture, Tourism, and Communications, and the
Spokesman of the Government. The Superior Council of Communication
(SCC), which is under the Office of the President and has limited
independence, also regulates the media. The Ministry of Culture,
Tourism, and Communications is responsible for developing and
implementing government policy and projects concerning information and
communication. The SCC oversees the content of radio and television
programs and newspapers to ensure that they adhere to professional
ethics and government policy governing information and communication.
The SCC may summon a journalist to attend a hearing about his work,
followed by a warning that it will not tolerate a repeat of
``noncompliant behavior''; journalists received such summons during the
year. Hearings may concern alleged libel, disturbing the peace, or
violations of state security.
The government's definition of libel is broad. Political and
business figures used libel suits to pressure journalists who produce
unflattering press coverage of them or their organizations.
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, approximately 0.92 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 at times restricted this right. Unlike in the
previous year, no deaths or injuries resulted from police use of
excessive force to disperse demonstrators. No action was taken against
security forces responsible for demonstrator deaths and injuries in
2008.
Political parties and labor unions may hold meetings and rallies
without government permission; however, advance notification is
required for demonstrations that might threaten public peace. Penalties
for violation of the advance notification requirement include two to
five years' imprisonment. Denials or imposed modifications of a
proposed march route or schedule may be appealed to the courts.
Government agents sometimes infiltrated political meetings and rallies.
On December 7, police used force to disperse a high school student
demonstration in Ouagadougou (see section 1.d.).
On January 16, opposition leader Thibaut Nana was released from
prison; in March 2008 Nana was sentenced to 36 months' imprisonment for
organizing a February 2008 demonstration against fuel and food prices
in which numerous demonstrators were injured as a result of police use
of excessive force.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right. Political parties and labor unions could organize without
government permission.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Religious groups must register with the Ministry of Territorial
Administration, and failure to register may result in a fine. The
government routinely approved registration applications.
Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts. There was no known Jewish community in the country.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights. 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 government 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.--Burkina Faso is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol and
to the 1969 African Union Convention Governing the Specific Aspects of
the Refugee Problem in Africa. 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 granted refugee or asylum status and also
provided temporary protection to individuals who may not qualify as
refugees under the 1951 convention or the 1967 protocol; during the
year 1,116 persons received temporary protection.
In June the government organized a series of workshops in Bobo-
Dioulasso and Ouagadougou to inform, educate, and sensitize law
enforcement officials, including security forces and local authorities,
to the principles of nonrefoulement, nondiscrimination, and
international protection for refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully through multiparty elections; however, citizens
were unable to exercise this right fully due to the continued dominance
of the president and his ruling party.
Elections and Political Participation.--In 2005 President Blaise
Compaore won reelection with 80 percent of the vote. Opposition
candidate Benewende Sankara, the runner-up, received 5 percent. Despite
some irregularities, international observers considered the election to
have been generally free but not entirely fair, due to the resource
advantage held by the president.
Political parties operated freely. Individuals and parties can
freely declare their candidacies and stand for election in presidential
elections; however, individuals must be members of a political party to
run in legislative or municipal elections.
In the 2007 legislative elections, the ruling CDP won 73 seats in
the 111-seat National Assembly, and the other parties won 38, although
25 of the 38 non-CDP deputies belonged to parties allied with the
government. Election observers declared the elections free and orderly,
except in four cities where they noted irregularities including several
fraud cases involving voter identification cards. Opposition leaders
denounced the elections.
CDP membership conferred advantages, particularly for businessmen
and traders seeking ostensibly open government contracts.
There were 13 women in the National Assembly and seven women in the
34-member cabinet. One of the four higher courts was led by a woman,
the national ombudsman was a woman, 18 elected mayors were women, and
an estimated 40 to 45 percent of new communal councilors were women.
There were 16 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 often engaged in corrupt activities with impunity. Local NGOs
denounced the overwhelming corruption of senior civil servants and
called on President Compaore to address this concern. Corruption was
especially acute in the customs service, police, gendarmerie, taxing
agencies, health and justice ministries, municipalities, government
procurement, the education sector, public service, and media.
In April 2008 the government created the Regulatory Authority of
Government Tenders (ARMP), a regulatory oversight body to monitor the
tender process for government contracts. The ARMP is authorized to
impose sanctions, initiate lawsuits, and publish the names of
fraudulent or delinquent businesses; however, it took no action on any
of these mandates during the year.
In 2007 the Court of Accounts, responsible for auditing the
government's accounts, published an annual report for 2005 highlighting
government mismanagement, including by the mayor of Ouagadougou. The
report found that the government had failed to comply with proper
administrative, accounting, and auditing procedures for government
tenders. No known action had been taken on any of the report's
recommendations by year's end.
In 2007 the government ratified legislation to create the Superior
Authority of State Control (ASCE), an entity under the authority of the
prime minister that merges the High Commission for the Coordination of
Anti-Corruption Activities, the State Inspector General, and the
National Commission for the Fight Against Fraud. In addition to
releasing annual reports from auditing entities, ASCE has the authority
to prosecute ethics breaches in the public sector, including by state
civil service employees, local and public authorities, state-owned
companies, and all national organizations invested with public service
missions. Despite this mandate, no action was taken during the year by
the ASCE, which observers believed had insufficient power.
However, on May 28, the ASCE published its 2008 annual report, the
agency's first, which highlighted mismanagement in government agencies,
citing corruption involving a high commissioner, the secretary general
of one ministry, and the director general of another ministry.
According to the report, approximately 92 million CFA francs ($189,814)
were misappropriated in 2008. The ASCE recommended tougher management
measures, prosecutions, and reimbursement of misappropriated funds. No
known action had been taken on the report's recommendations by year's
end.
Despite numerous instances in recent years of high-level
corruption, no senior officials were prosecuted for corruption, and it
was unclear whether the Justice Ministry was equipped to handle such
cases. In its 2007 report, RENLAC noted that ``lack of experience
coupled with a deficit of appropriately trained judges has rendered the
Justice Ministry incapable of effectively dealing with corruption
cases.'' The report continued that the ministry's resources were
insufficient to handle the increasing number of financial crimes and
that its efforts were limited to the smallest racketeering cases rather
than higher-level corruption.
Some public officials are subject to financial disclosure laws, but
these laws were not effectively enforced.
No laws provide for public access to government information. While
government ministries released some non-sensitive documents, local
journalists complained that ministries were generally 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 could 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
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 permitted international human rights groups to visit
and operate in the country; however, there were no reported visits
during the year by the UN or other international organizations.
The Ministry of Human Rights is responsible for the protection and
promotion of human rights. The minister of human rights reports to the
prime minister. During the year the ministry conducted education
campaigns and produced human rights pamphlets for the security forces.
The ombudsman, who is appointed by the president for a nonrenewable
five-year term and cannot be removed during the term, had limited
resources. The public generally trusted the ombudsman's impartiality.
No report of the ombudsman's work was published during the year.
The governmental National Commission on Human Rights serves as a
permanent framework for dialogue on human rights concerns and included
representatives of human rights NGOs, unions, professional
associations, and the government. The Burkina Faso Movement for Human
and Peoples' Rights (MBDHP) did not participate on the commission and
continued to charge that the commission was subject to government
influence. The commission, which issued no reports during the year, was
inadequately funded.
Section 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 a problem.
Women.--Rape is a crime; however, the law was not enforced, and
rape occurred frequently. There is no explicit discussion of spousal
rape in the law, and there were no recent court cases. There were
organizations that counseled rape victims, including Catholic and
Protestant missions, the Association of Women Jurists in Burkina, the
MBDHP, the Association of Women, and Promofemmes, a regional network
that worked to combat violence against women.
Domestic violence against women, especially wife beating, occurred
frequently, primarily in rural areas. No law specifically protects
women from domestic violence, and cases of wife beating usually were
handled out of court. There were no available statistics on how many
persons were prosecuted, convicted, or punished for domestic violence
during the year; however, it was believed such legal actions were
infrequent because women were ashamed, afraid, or otherwise reluctant
to take their spouses to court. Cases that involved severe injury
usually were handled through the legal system. The Ministry for
Promotion of Women, the Ministry for Social Action and National
Solidarity, and several NGOs cooperated in an effort to protect women's
rights. The Ministry for the Promotion of Women has a legal affairs
section to inform women about their rights and encourage them to defend
these rights.
Childless elderly women with no support, primarily in rural areas,
and particularly if widowed, were at times accused of witchcraft and
banned from their villages, 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 law does not specifically prohibit prostitution, which was
prevalent; however, pimping and soliciting are illegal.
The labor code explicitly prohibits sexual harassment in the
workplace, but such harassment was common. The law prescribes fines of
50,000 to 600,000 CFA francs ($103 to $1,238) 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 can do so without facing any type of discrimination, coercion, or
violence. In practice, however, these rights were not equally
applicable to all levels of society, mainly as a result of
accessibility to information and medical care availability in remote
areas. Cultural norms, especially in rural areas that tend to have a
less educated population, also played an important role in availability
and use of those resources. These reproductive rights were usually
respected and available in urban areas and among more educated
populations, but less so for couples and individuals living in rural
areas. Cultural norms often subject women to their husbands' decisions
regarding birth control.
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.
The law prohibits female infanticide, and there were no reports of
such cases, although newspapers reported cases of abandonment of
newborn babies following unwanted pregnancies.
Women continued to occupy a subordinate position and experienced
discrimination in education, jobs, property ownership, access to
credit, management or ownership of a business, and family rights.
Polygyny was permitted, but both parties had to agree to it prior to a
marriage. A wife could oppose further marriages by her husband if she
provided evidence that he had abandoned her and her children. Both
spouses were able to petition for divorce, and the law provides that
custody of a child be granted to either parent, based on the child's
best interests. Since 2007 women can serve in the military; however,
women represented approximately 45 percent of the general workforce and
were primarily concentrated in lower paying positions. Although the law
provides equal property rights for women and, depending on other family
relationships, inheritance benefits, traditional law denied women the
right to own property, particularly real estate. In rural areas land
belonged to the family of a woman's husband. Many citizens,
particularly in rural areas, clung to traditional beliefs that did not
recognize inheritance rights for women and regarded a woman as property
that could be inherited upon her husband's death.
The government continued media campaigns to change attitudes toward
women, but progress has been slow. The Ministry for Women's Promotion
is responsible for promoting women's rights, and the minister was a
woman. During the year the government established community banks to
promote economic development of grassroots organizations, including
women's groups. The banks provided micro loans to fund cereal mills,
shea butter production, market gardening, animal fattening, and other
small businesses.
Children.--Citizenship is derived either by birth within the
country's territory or from the parents. The government failed to
register all births immediately, particularly in rural areas where
administrative structures were insufficient and rural parents could not
afford birth certificates. 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 old were
responsible for paying all education costs unless they qualified for
tuition assistance from merit and need-based programs. The overall
school enrollment was approximately 77 percent for boys and 72 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
($619 to $1,856) 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 widely, especially in
rural areas, and usually was performed at an early age. According to a
2006 report by the National Committee for the Fight Against Excision,
up to 81 percent of women age 25 and older, and approximately 34
percent of girls and women under 25, had undergone FGM. Perpetrators
were subject to a significant fine and imprisonment of six months to
three years, or up to 10 years if the victim died. During the year
security forces and social workers from the Ministry of Social Action
arrested several FGM practitioners and their accomplices. In accordance
with the law, they were sentenced to prison.
As part of the government's campaign against FGM in West Africa,
the first ladies of Burkina Faso and Niger presided over an October
2008 meeting on FGM in Ouagadougou. Noting that girls were often 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 any
actions resulting from this meeting.
Several NGOs stated that child marriage was a problem, primarily in
rural areas; however, there were no reliable statistics. The legal age
for marriage is 17. The law prohibits forced marriage and prescribes
penalties of six months to two years in prison for violation. The
prison term may be increased to three years if the victim is under 13
years of age; however, there were no reports of prosecutions of
violators.
There were no statistics on child prostitution; however, it was a
problem. Children from poor families relied on prostitution to meet
their daily needs 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 these
of children in pornographic activities and jobs that harm their health.
The May 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.
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
had sent them to the city to study with a Koranic teacher or live with
relatives and go to school. At least one NGO assisted street children.
Two directorates within the Ministry of Social Action also ran
educational programs, including vocational training, for street
children, funded income-generating activities, and assisted in the
reintegration and rehabilitation of street children. Nevertheless, the
number of street children far outstripped the capacity of these
institutions.
Trafficking in Persons.--The law prohibits trafficking in persons
for all purposes, including sexual, labor, and other related practices.
The country was a source, transit, and destination country for children
and women trafficked for forced agricultural labor and commercial
sexual exploitation, forced labor in gold mines and stone quarries, and
forced domestic servitude. Internal trafficking of children was also a
problem. Burkinabe children were trafficked primarily to Cote d'Ivoire,
as well as to Mali, Benin, Nigeria, Togo, Ghana, and Niger. Children
were also trafficked from those West African countries to Burkina Faso.
To a lesser extent, Burkinabe women were trafficked to Europe for
sexual exploitation. Women were believed to have been trafficked to the
country from Nigeria, Togo, Benin, and Niger for domestic servitude,
forced labor in restaurants, and sexual exploitation. The country was a
transit point for trafficked children, notably from Mali to Cote
d'Ivoire.
Child traffickers typically acted as intermediaries for poor
families, promising to place a child in a decent work situation. Once
the child was in the hands of traffickers, these promises were usually
disregarded. Some traffickers were distant relatives, often referred to
as ``aunts.'' Traffickers occasionally kidnapped children. Once placed
in a work situation, whether in the country or beyond its borders,
children were usually not free to leave and were forced to work without
pay and under very bad conditions.
Trafficked children were subject to violence, sexual abuse, forced
prostitution, and deprivation of food, shelter, schooling, and medical
care. Organized child trafficking networks existed throughout the
country and cooperated with regional smuggling rings; authorities
dismantled two such networks in 2008. Village vigilance committees and
public awareness campaigns contributed to successful efforts by the
Ministry of Social Action and security forces in the dismantling of
these networks.
The majority of international trafficking was believed to be
conducted using forged travel documents. Travel occurred both at
official ports of entry and at unmonitored border-crossing points.
According to the report released during the year by the Office for
the Protection of Infants and Adolescents, between December 2008 and
September 2009, security forces intercepted 197 trafficked children,
176 of whom were boys; 85 children were destined for international
trafficking. In 2008 seven child traffickers were arrested; three were
cleared of all charges and released, and four received suspended prison
terms.
The Ministries of Social Action and National Solidarity, Labor and
Social Security, and Justice were responsible for enforcing trafficking
and child labor laws and regulations.
The government cooperated with Cote d'Ivoire, Mali, and other
governments, and international organizations throughout the year in
implementing workshops and overall cooperation on child trafficking.
The government worked with international donors and the
International Labor Organization to address child trafficking, in part
by organizing seminars on child trafficking for customs officers.
During the year security services and civil society groups organized
similar workshops and seminars. The government also organized several
training sessions for watch committee members. Over several years, the
government has established 142 watch committees in 12 of the 13 regions
in which child trafficking and child labor were problems. The watch
committees included representatives of industries usually implicated in
child labor (cotton growers, for example), the police, gendarmerie,
magistrates, NGOs, and social welfare agencies. The government also
worked with international and domestic NGOs in the fight against
trafficking.
The government, in collaboration with the UN Children's Fund,
continued to operate transit centers with food and basic medical care
for destitute children, including trafficked children. It also helped
children return to their families. NGOs operated most reintegration
programs for trafficked children.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, the provision of other state
services, or other areas; however, the government did not effectively
enforce these provisions. There was no government mandate or
legislation concerning access to buildings for persons with
disabilities. Advocates reported that persons with disabilities often
faced social and economic discrimination. Such persons who were able to
work found it difficult to find employment, including in government
service, because of deeply entrenched societal attitudes that persons
with disabilities should be under the care of their families and not in
the workforce.
Programs to aid persons with disabilities were limited. During the
year the National Committee for the Reintegration of Persons with
Disabilities conducted sensitizing campaigns and implemented
reintegration programs and capacity building programs to better manage
income-generating activities.
National/ Racial/Ethnic Minorities
Incidents of discrimination occurred involving cattle farmers of
the Fulani ethnic group and farmers of other ethnic groups. Such
incidents were fueled by the scarcity of grazing lands and Fulani
herders' allowing their cattle to graze on farming lands of the other
groups.
On June 23, violent clashes over business interests erupted in a
mining village in Yatenga Province, between the majority Mossi ethnic
group and the minority Bissa ethnic group. The clashes caused several
injuries and significant property destruction. The Bissa, who operated
businesses and were wealthier than other ethnic groups in the area,
fled and sought refuge at the gendarmerie. The incident appeared to be
the result of a longstanding commercial dispute between the Bissa, who
owned most of the gold speck mills, and the Mossi, who were typically
their clients. The situation returned to normal after local
authorities, human rights groups, and traditional and religious leaders
moved quickly to restore peace.
Societal Abuses, Discrimination and Acts of Violence Based on
Sexual Orientation and Gender Identity
Societal discrimination based on sexual orientation and gender
identify remained a problem. Religious and traditional beliefs do not
tolerate homosexuality, and homosexual persons were reportedly
occasional victims of verbal and physical abuse. There were no reports
that the government responded to societal violence and discrimination
against homosexual persons.
Lesbian, gay, bisexual, and transgender (LGBT) organizations had no
legal presence in the country but existed unofficially. Traditional
mores are not accepting of LGBT persons. 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. Persons who tested
positive for HIV/AIDS were sometimes shunned by their families, and
HIV/AIDS-positive wives were sometimes evicted from their homes. Some
landlords refused to rent lodgings to persons with HIV/AIDS. However,
persons with HIV/AIDS were generally not discriminated against in
employment practices or the workplace.
Section 7. Worker Rights
a. The Right of Association.--The laws allow 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 could not join unions.
Approximately 85 percent of the workforce was engaged in subsistence
agriculture and did not belong to unions. Of the remainder, an
estimated 25 percent of private sector employees and 60 percent of
public sector workers were union members. The law 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. 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 modern 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. Women and children were
trafficked for agricultural labor, commercial sexual exploitation,
domestic servitude, animal husbandry, and work in gold mines and stone
quarries.
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, and mining sectors outside their own
families for little or no pay. The minimum age for employment was
inconsistent with the age for completing educational requirements,
which generally was 16 years. In the domestic and agricultural sectors,
the law permits children under the age of 15 to perform limited
activities for up to four and one-half hours per day; however, many
children under the age of 15 worked longer hours. An estimated 51
percent of children worked, largely as domestic servants or 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 means 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 ($1,237).
The government organized workshops during the year, and in
cooperation with donors, undertook sensitization programs to inform
children and parents of the dangers of sending children away from home
to work.
e. Acceptable Conditions of Work.--The law mandates a minimum
monthly wage of approximately 30,684 CFA francs ($63) 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 were responsible for overseeing
occupational health and safety standards in the small industrial and
commercial sectors, but these standards did not apply in subsistence
agriculture and other informal sectors. The government's Labor
Inspector Corps did not have sufficient resources to fulfill its duties
adequately, and there were no reports of effective enforcement of
inspection findings during the year. Every company with 10 or more
employees was required to have a work safety committee. If the
government's Labor Inspection Office declared a workplace unsafe for
any reason, workers had the right to remove themselves without jeopardy
to continued employment. There were indications that this right was
respected, although such declarations by the Labor Inspection Office
were rare.
__________
BURUNDI
Burundi is a constitutional republic with an elected government and
a population of 8.3 million. In 2005, following local and parliamentary
elections, the two houses of parliament indirectly elected as president
Pierre Nkurunziza, a member of the National Council for the Defense of
Democracy-Forces for the Defense of Democracy (CNDD-FDD) political
party. International observers reported that the elections, which ended
a four-year transitional process under the Arusha Peace and
Reconciliation Agreement, were generally free and fair. The CNDD-FDD
party dominated parliament and the government, although other major
parties, notably the Burundian Front for Democracy (FRODEBU) and the
Union for National Progress (UPRONA) were also represented. In December
2008 President Nkurunziza signed the Declaration on the Burundi Peace
Process with the last active rebel group, PALIPEHUTU-National
Liberation Forces(FNL), represented by leader Agathon Rwasa. This began
the demobilization, disarmament, and reintegration of the FNL, which
continued during the year. On April 18, Rwasa renounced armed struggle,
and on April 21, after it dropped ``PALIPEHUTU'' (Party for the
liberation of the Hutu People) from its name, the government registered
the FNL as a political party. (The constitution prohibits ethnic
references in political party names.) While civilian authorities
generally maintained effective control of security forces, there were
numerous instances when elements of the security forces acted
independently.
The government's human rights record remained poor. Government
security forces continued to commit numerous serious human rights
abuses, including killings and beatings of civilians and detainees with
widespread impunity. Human rights problems also included vigilante
abuse and personal score-settling; rape of women and girls; harsh,
life-threatening prison and detention center conditions; prolonged
pretrial detention and arbitrary arrest and detention; lack of judicial
independence and efficiency, and judicial corruption; detention and
imprisonment of political prisoners and political detainees; and
restrictions on freedom of speech, assembly, and association,
especially for political parties. Domestic and sexual violence and
discrimination against women 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 UN Office of the
High Commissioner for Human Rights in Burundi reported that security
forces killed 19 civilians, compared with 57 in the previous year,
based on data gathered through September. The UN noted, however, that
it was reevaluating its monitoring mechanisms and may have missed some
cases. Local media reported numerous cases in which security forces
were known or strongly suspected to have killed civilians unlawfully.
For example, on April 8, unknown perpetrators stabbed to death
Ernest Manirumva, vice president and high-profile investigator of the
local nongovernmental organization (NGO) Observatory for the Struggle
against Economic Corruption and Embezzlement (OLUCOME). Manirumva was
widely known to have embarrassed the government, particularly the
security forces, by publishing a series of exposes on corrupt payroll
and procurement practices. By year's end police had arrested nine
suspects, including four policemen. In addition, authorities and local
media reported that a Burundian citizen was arrested in Canada for his
alleged links to the murder.
On May 21, police opened fire on a group of boy scouts in Kayogoro,
Makamba Province, killing one and injuring three. A police spokesperson
initially claimed that the scouts had fired first, but later admitted
this was not true. Four policemen were arrested. The local police
commander, who initially fled the scene, later turned himself in. The
communal administrator was also subsequently arrested in connection
with the incident. At year's end all six suspects remained in prison
awaiting trial.
On October 13, three policemen beat a man to death in Kayanza Town,
Kayanza Province. According to witnesses and the policemen who
committed the crime, Kayanza Governor Sennel Nduwimana ordered the
beating because the victim would not give the governor some land for
free. At year's end the three policemen were in detention, the governor
remained in his position, and the investigation was ongoing.
Unlike in the previous year, there were no reports of security
forces killing civilians in response to rebel attacks or for suspected
collaboration with rebel forces. Since the December 2008 peace
agreement with the FNL, there have been no military engagements between
government forces and the FNL. Nonetheless, criminal activity linked to
former rebels resulted in numerous killings and other serious abuses
against the civilian population during the year. The local human rights
organization Ligue Iteka claimed that authorities failed to investigate
these incidents associated with former rebels or identify the killers.
During the year there were some developments in connection with the
following 2008 killings by security forces:
The June 22 killing of two persons in Ruyigi Province as a result
of a grenade thrown by a soldier resulted in the arrest of a soldier
who was awaiting trial at year's end.
The June 24 killing by a policeman of a civilian in a bar in Ngozi
Province resulted in the arrest of a policeman who was awaiting trial
at year's end.
The September 25 death by grenade attack of the director general of
sports and leisure at the Ministry of Sports, Youth, and Culture
outside his home in Musaga resulted in the arrest of a woman who was
later released for lack of evidence. There were no further developments
by year's end.
There were no further developments in connection with the following
2008 killings by FNL rebels:
The July 6 killing of the head of a family in Muhuta, Bujumbura
Rural Province, and the July 8 looting and killing of livestock in
Isale, Bujumbura Rural Province.
Given the high numbers of arms circulating among the population and
general lawlessness in many areas, a large number of killings could be
attributed to vigilante abuse or the settling of personal scores. There
were continuing reports of deaths and injuries caused by unidentified
persons, some allegedly security force personnel, using grenades and
mortars.
On February 21, one man died when an unknown person threw a grenade
into his home in Itaba, Gitega Province. It was rumored that the
killing was linked to a land dispute. No arrests were made during the
year.
On September 9, one person was killed and six others seriously
injured when unknown assailants lobbed a grenade into a cafe in
Gihanga, Bubanza Province. No arrests were made during the year.
On December 27, two persons were killed and 10 seriously wounded
when an unknown assailant set off a grenade in Bujumbura's central
market. Two individuals were detained by police, but no charges were
filed and the investigation was ongoing at year's end.There were
reports of killings, usually perpetrated by unknown persons, of
individuals accused of sorcery.
On March 20, unknown assailants killed a woman from Gisuru and a
man from Butaganzwa, Ruyigi Province. Local residents suspected the
woman's own family of the killings because members of her family had
accused her of sorcery. No arrests were made during the year.
On May 5, unidentified persons killed three elderly women accused
of sorcery in Gishingano, Bujumbura Rural Province. Their families
stated that the women were murdered in order to take their land. No
arrests were made during the year.
On May 6, a mob burnt alive a man accused of sorcery in Rumonge,
Bururi Province. No arrests were made during the year.
There was no further development in the July 2008 sorcery-related
death by mutilation of a 14-year-old girl in Muyinga Province.
The September 2008 killing and burning of four persons in Ruyigi
Province resulted in the arrest of some suspects, but at year's end
none had been tried for the crimes.
Sporadic killings of persons with albinism, in which the victims'
body parts were removed for use in witchcraft, continued. In contrast
to the previous year, there were fewer such killings. This decline may
be attributed to increased police protection for persons with albinism
and more rigorous prosecution of the alleged killers.
For example, on February 13, local authorities in Giteranyi
Commune, Muyinga Province, reported that a group of unidentified men
murdered and dismembered a 40-year-old woman with albinism. No suspect
directly implicated in this case was arrested, although it is possible
that the 11 individuals arrested for trafficking in body parts were
responsible (see below).
On February 24, the national police confirmed that a group of
unidentified men in Kayanza Province killed and dismembered a six-year-
old boy with albinism. No suspect directly implicated in this case had
been arrested (see below).
On July 9, police discovered the corpse of one person with albinism
in Nyabitsinda, Ruyigi Province. Police said that the victim was
poisoned but the murderers did not take his body parts. No suspect
directly implicated in this case had been arrested (see below).
In September 2008 unidentified assailants in Ruyigi Province killed
a girl with albinism and then cut off her hands and feet. Also in
September 2008 in Ruyigi Province, unknown attackers killed and cut off
the arms and legs of a man with albinism. In November 2008, also in
Ruyigi Province, a six-year-old girl with albinism was killed and her
head and limbs removed. Armed attackers broke into the family's home
and tied up the girl's parents before shooting the girl in the head.
From October 2008 to March 14, 2009, police arrested 11 persons in
Karuzi and Ruyigi provinces under suspicion of murder, including
murders in 2008 and early 2009, and trafficking in body parts. On July
23, the High Court of Ruyigi Province sentenced one suspect to life
imprisonment and three suspects to 15 years' imprisonment. Four other
suspects received sentences ranging from one to seven years, while the
remaining three suspects were acquitted due to lack of evidence.
In a series of prison breaks on August 1-26, a total of 20
prisoners, including an unconfirmed number of those serving sentences
for killing persons with albinism, escaped from prison in Ruyigi
Province. Tanzanian security forces recaptured six of the escapees who
had crossed into Tanzania, including one of the convicted killers of
persons with albinism; this man was later shot and killed when
allegedly attempting to escape from Tanzanian security forces.
Widespread public dissatisfaction with security forces' inability
to control (and frequent complicity in) crime resulted in several cases
of lethal mob action. On September 6, a mob of angry villagers in
Muhindo, Ruyigi Province, stoned to death two police officers suspected
of theft. At year's end no arrests had been made. While a police
spokesperson did not explicitly condone the killings, he commended the
mob for ``maintaining public order.''
On September 18, a mob killed a man caught stealing in the Cibitoke
neighborhood of Bujumbura. No arrests were made during the year.
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances.
Unlike the previous year, the NGO Association for the Protection of
Human Rights and Detained Persons (APRODH) reported that no detainees
were missing from detention facilities during the year. APRODH also
clarified that the 64 detainees reported missing in the previous year
were in fact ``phantom'' cases that resulted from counting alleged
offenses instead of actual prisoners, many of whom were charged with
several crimes.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the UN, the international NGO Human Rights Watch (HRW), and domestic
NGOs Ligue Iteka and APRODH reported that members of the security
forces often manhandled and beat civilians and detainees. Unlike in the
previous year, domestic NGOs reported no confirmed incidents of
torture. A new penal code specifically prohibiting torture took effect
in April.
On January 15, a crowd estimated at 100 persons surrounded the
local police commander's compound in the Kamenge neighborhood of
Bujumbura following reports that he beat an 80-year-old woman. Police
dispersed the crowd. No action was taken against the commander.
On June 17, a male police officer working in the Office of the
President attacked a female police officer in Kibenga, Bujumbura, in an
apparent dispute over office keys. The female officer sustained head
injuries. The male officer had not been formally disciplined or
arrested at year's end.
On August 6, a police officer knocked a pregnant woman off an
illegal bicycle taxi in Bujumbura, breaking two of her teeth. Two
witnesses who reported the incident at police headquarters were
themselves briefly detained. The police spokesperson refused comment,
but two policemen were arrested in connection with the incident.
Neither had been tried by year's end.
A police commissioner accused of torturing a detainee in the
Bubanza provincial jail in September 2008 remained in his position
without any administrative sanctions.
An allegedly drunken policeman arrested for firing into an unruly
crowd in Bururi Province in 2007 was tried in July before the Bururi
High Court. The case was still in deliberation at year's end.
Unlike in the previous year, there were no confirmed reports that
security forces maintained illegal detention and torture centers across
the country. Several National Intelligence Service (SNR) facilities
reportedly used in the past for torture held ``open houses'' attended
by members of human rights organizations.
On August 7, at Mutimbuzi in Muramvya Province, two armed men in
military uniforms raped two 15-year-old girls. By year's end no
suspects had been arrested.
There were no further developments in the following rapes committed
by security forces in 2008: the 36 rape cases recorded by the UN; the
February 13 rape of a 16-year-old girl at a cantonment camp in Randa;
the April 14 rape of a nine-year-old girl at a camp for displaced
persons in Buhiga; and the July 1 rape of a woman in Busoni.
According to the UN, unlike in the previous year, there were no
known cases of children associated with armed groups at year's end.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and sometimes life threatening. Severe overcrowding persisted,
and in June APRODH reported that 10,636 persons were held in 11
facilities built to accommodate a total of 4,050. More than 6,700 of
the prisoners had not been tried. According to government officials and
human rights observers, prisoners suffered from digestive illnesses and
malaria, and some died as a result of disease. Unlike in the previous
year, APRODH reported no cases of torture among prisoners and
detainees, but physical abuse and prolonged detentions remained
problems. For example, 65 percent of prisoners were ``preventive
detainees'' held without charge.
Each prison had one qualified nurse and at least a weekly visit by
a doctor; however, prisoners did not always receive prompt access to
medical care. Serious cases were sent to local hospitals. The
International Committee of the Red Cross (ICRC) was the primary
provider of medicines. The government did not feed detainees in
communal lockups. Detainees and prisoners not held in communal lockups
received 450 grams of food per day from the government; families often
had to supplement prisoner rations.
Detention centers and communal lockups were severely overcrowded,
and conditions were generally worse than prison conditions. APRODH
stated there were numerous unofficial reports of prisoner abuse. Proper
sanitation and medical care were limited or nonexistent. There were 400
communal lockups where those arrested were supposed to be held for no
longer than one week; in practice detainees were regularly kept in
these facilities for much longer periods, ranging from a few weeks to
several months.
According to APRODH there were 548 children in prisons, including
79 infants, some of whom were born in the prisons, accompanying their
mothers. The mothers in prisons were both pretrial detainees and
convicted offenders. In most prisons women were in the same facility as
men but had an area for themselves. There was a small women-only jail
in Kayanza Province. As of September 30, there were 205 women in
prisons, according to the Penitentiary Administration.
Juvenile prisoners were held with, and often treated as, adults.
Political prisoners often were held with convicted criminals.
Detainees awaiting trial were held in communal lockups, but some
were also incarcerated with convicted prisoners. In detention centers
and communal lockups, minors were not always separated from adult
detainees.
During the year the government permitted all visits requested by
international and local human rights monitors, including the ICRC;
visits took place in accordance with the ICRC's standard modalities.
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 military (FDN) may assume
such responsibilities in time of war. The police deal with criminal
matters, and the FDN fulfills external security and counterinsurgency
roles. In practice the FDN also arrests and detains suspects. The
Ministry of Defense oversees the FDN, and the Ministry of Public
Security oversees the national police. The SNR is the national
intelligence agency; it reports directly to the president. The SNR
gathers intelligence on both domestic and international issues and has
the authority to arrest and interrogate suspects.
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 crimes committed by police, but punishment was rare.
The United Nations Mission in Burundi (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.--The law
requires arrest warrants in most cases, and presiding magistrates are
authorized to issue them. Police and the FDN can make arrests without a
warrant but are required to submit a written report to a magistrate
within 48 hours. However, police rarely respected these provisions in
practice and routinely violated a requirement that detainees be charged
and appear in court within seven days of arrest. A magistrate can order
the release of suspects or confirm the charges and continue detention,
initially for seven days, then for seven more days as necessary to
prepare the case for trial. Magistrates also ignored the seven-day
requirement and detained suspects 10 days or longer. Police are
authorized to release suspects on bail, but this provision was rarely
exercised. Police regularly detained suspects for extended periods
without announcing charges, certifying the detention before a judge, or
advising the Ministry of Justice within 48 hours as required. Suspects
are permitted lawyers at their own expense in criminal cases, but the
law does not require, and the government did not provide, attorneys for
indigents at government expense. The law prohibits incommunicado
detention, but numerous credible sources reported that it occurred.
Authorities on occasion denied family members prompt access to
prisoners.
Unlike in the previous year, security forces did not arbitrarily
detain any journalists or labor union leaders for prolonged periods of
time. Journalist Jean-Claude Kavumbagu and vice president of the
Justice Ministry's administrative workers union Juvenal Rududura, both
detained in September 2008, were released on March 19 and July 9
respectively. Kavumbagu was cleared of the charge of insulting the
president while Rududura remained on ``provisional release.'' He was
monitored closely by authorities and not permitted to leave Bujumbura.
Lengthy jail procedures, a large backlog of pending cases, judicial
inefficiency, corruption, and financial constraints often caused trial
delays. Irregularities in the detention of individuals, including
holding them beyond the statutory limit, continued. Human rights NGOs
and others lobbied the government unsuccessfully for the release of
prisoners who were held for long periods of time without charge.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary was not independent
of the executive branch, was inefficient, and was hampered by
corruption. Political interference seriously compromised the
judiciary's impartiality.
The judicial system consists of civil and criminal courts with the
Supreme Court and Constitutional Court at the apex. In all cases
involving constitutional matters, the Constitutional Court has the
ultimate appellate authority, while the final authority in all other
cases rests with the Supreme Court.
The law provides for an independent military judicial system, which
in practice was influenced by the executive and higher-ranking military
officers. Courts of original jurisdiction for lower-ranking military
offenders are called ``War Councils,'' and one exists in each of the
five military districts. A Tribunal of Appeals hears appeals of War
Council decisions and also has trial jurisdiction for mid-ranking
military offenders. 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, is
recognized by the community and presides over deliberations; no lawyers
are involved. The opinion of a mushingantahe often is necessary before
access is granted to the formal civil court system. The abashingantahe
system is limited to civil and minor criminal matters.
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,
which includes the right to question the prosecution's witnesses, call
their own witnesses, and examine evidence against them. Defendants can
also present evidence on their own behalf, which is what occurred in
the majority of cases; few defendants had legal representation because
few could afford the services of one of the 90 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 up 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, there were an estimated 30 political prisoners. This
contrasts with the previous year, when several hundred PALIPEHUTU-FNL
combatants were imprisoned for allegedly political reasons. Authorities
released many former rebels as part of the demobilization process in
the first half of the year; the remaining detainees were widely
believed to be common criminals.
In November 2008 journalist and political activist Alexis Sinduhije
was arrested at the Bujumbura headquarters of his Movement for Security
and Democracy (MSD), a political party not then registered by the
government. Sinduhije was subsequently charged with insulting President
Nkurunziza based on comments allegedly found in Sinduhije's personal
papers. On March 12, the Bujumbura High Court cleared Sinduhije and
released him.
On May 25, an appeals court upheld the prison sentences of former
CNDD-FDD party chairman Hussein Radjabu and his codetainees convicted
of ``intent to disrupt national security through armed rebellion.''
Radjabu continued to run his Union for Democracy (UPD) political party
from prison.
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 rarely respected the law requiring search
warrants. Sources in the media and civil society believed that security
forces monitored telephone calls.
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 does
not tolerate public criticism, particularly perceived insults to the
president and other high-level public officials in the media or at
public gatherings. Although legislation regulating political gatherings
was repealed in November 2008, opposition meetings continued to be
monitored and sometimes disrupted by the government.
There were no reports that the government used direct censorship or
forced media outlets to suspend operations. However, journalists
continued to exercise self-censorship in the expectation that direct
criticism of the president and other high-level government officials
would not be tolerated.
On July 19, the director of urban development in the Ministry of
Public Works threatened Marc Niyonkuru, a Radio Isanganiro journalist,
after Niyonkuru reported that an official vehicle of the Department of
Urban Development was used for disseminating ruling CNDD-FDD party
propaganda. The director admitted calling the journalist but denied
threatening him.
There were eight private weekly publications and 23 private
Internet and fax-based news sheets. Print runs by independent
publications were small, and readership was limited by low literacy
levels. Newspaper circulation was generally limited to urban centers.
Ownership of private newspapers was concentrated in the capital, but a
wide range of political opinions were expressed. The government
controlled several major media outlets, including Le Renouveau, the
only daily newspaper, and the National Television of Burundi. There
were two private television stations, including a station with
primarily Muslim programming and strong ties to the CNDD-FDD.
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, including a new station focused on
broadcasting women-oriented development and human rights programs that
opened on April 27 in Gitega Province. Since March 2008, CNDD-FDD has
run a private, progovernment radio outlet, Rema FM, which is one of
only two local radio stations on air 24 hours a day. CNDD-FDD owns
another radio outlet based in the central town of Ngozi that broadcast
to the northern and central provinces. Some private stations received
funding from international donors. Listeners could receive
transmissions of foreign news organizations such as the BBC and Voice
of America.
The law criminalizes certain actions committed by the media, such
as defamation of political figures, 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.
On August 28, the media regulatory body, the National
Communications Council (CNC), whose members are nominated by the
president, ruled against Eric Manirakiza, editing director of Africa
Public Radio (RPA), in a defamation complaint filed by the minister of
planning. The CNC stated that Manirakiza must repair the damage to the
public persona of the minister caused by Manirakiza's July 25 report
that described the minister's second marriage as illegal.
At the same session, the CNC ruled that RPA's report on a border
conflict between Rwanda and Burundi over the Sabanerwa region was
dangerous and constituted a possible threat to national security. The
CNC forwarded the case to the courts responsible for levying fines and
penalties against news outlets. On September 10, the director of RPA
brought a countersuit against the CNC seeking the repeal of its
decisions. During a December 3-4 meeting between the media and CNC
officials mediated by former Burundian president Sylvestre
Ntibantunganya, the parties agreed that all pending lawsuits against
the media should be discontinued. Ntibantunganya was designated to
convey this decision to the judiciary. At year's end it appeared that
the lawsuits would be dropped.
Journalist Jean-Claude Kavumbagu, who was detained in September
2008 for ``insulting'' the president, was released on March 19 (see
section 1.d.).
Internet Freedom.--There were no reports of government restrictions
on access to the Internet or reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
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 at times restricted this right. An October 2008
presidential decree required all political parties to obtain government
permission to hold gatherings. After numerous protests by local
political parties and international actors, the government rescinded
the decree in November 2008 and required only that political parties
notify local authorities before assembling.
Despite the law's repeal, provincial governors and communal
administrators disallowed and disrupted numerous meetings of opposition
political parties that had properly notified authorities. During a June
17 meeting with civil society, the minister of interior acknowledged
that some local administrators illegally prevented opposition parties
from holding meetings. The minister specifically condemned the Kanyosha
Urbaine communal administrator in Bujumbura for suspending opposition
party meetings.
Local NGOs reported that the national police, SNR, Ministry of
Interior, and the ruling party's youth league (the Imbonerakure) were
involved in suppressing opposition parties. On June 9, the minister of
interior made counterclaims that these parties were attempting to
create insecurity. The UN and international and local human rights
organizations repeatedly expressed concern that the government harassed
opposition parties and limited civil society demonstrations.
For example, on January 31, local authorities detained three UPD
party members for several hours in Gitega commune, Gitega Province, for
holding ``an illegal meeting.'' UPD officials reported that the party
representatives had officially requested permission to hold the
meeting.
In February the communal administrator of Gitega reportedly banned
the UPD party, but an UPD spokesperson announced in March that his
party had reached an understanding with the administrator that would
allow UPD to continue its activities.
On August 2, Alexis Sinduhije, president of the MSD party, was put
under house arrest in Ruyigi Province. On August 3, the Ruyigi public
prosecutor brought a warrant to arrest Sinduhije for allegedly
organizing an illegal meeting with members of his party on August 1.
Sinduhije and his associates' house arrest ended the following day
without any charges filed.
On August 9, police and the communal administrator prevented the
FNL from opening its party headquarters in Musaga, Bujumbura. The same
day, FNL members were prevented from meeting at their party
headquarters in Buhiga Commune, Karuzi Province. Such local government
interference occurred repeatedly even though nonpublic meetings at
party headquarters do not require government authorization.
Freedom of Association.--The constitution provides for freedom of
association; however, the government sometimes restricted this right in
practice. Registration was required for private organizations and
political parties. Three new political parties successfully registered,
including the FNL on April 21 and MSD on June 8. There were reports
that the ruling CNDD-FDD party used the power of the incumbency to deny
national identity cards, employment, access to social programs, and
generally to harass individuals who were members of opposition parties.
On January 5, a young man was beaten by local police in Kinama,
Bujumbura, allegedly for supporting the FNL instead of belonging to the
ruling CNDD-FDD party. No investigation or arrests took place during
the year.
On February 27, Frederick Misago was killed in Kamenge, Bujumbura.
Misago had reportedly been dismissed from the SNR because he left the
CNDD-FDD to join the FRODEBU party. No investigation or arrests took
place during the year.
On August 23, the head of UPD in Kayogoro Commune, Makamba
Province, was jailed for refusing to put a CNDD-FDD flag in front of
his house. Soon after, unknown individuals burned the livestock sheds
at his and his mother's home. The UPD leader was released after two
days, but no investigation or arrests in connection with the arson took
place during the year.
Private organizations were required to present their articles of
association to the Ministry of Interior for approval. There were no
reports that the government failed to complete the approval process for
private organizations whose purposes the government opposed.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
The government required religious groups to register with the
Ministry of Interior, which kept track of their leadership and
activities. Registration was granted routinely. The government required
religious groups to provide the address of its headquarters in the
country.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination against members of
religious groups, including interreligious or intrareligious incidents.
The Jewish population was very small, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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; however, the government sometimes restricted these rights
in practice. The government continued to restrict movement into and out
of Bujumbura and other cities at night. Citizens' movements were
restricted by government checkpoints and the threat of violence by
armed bandits.
The law does not provide for forced exile, and the government did
not use this practice; however, many persons remained in self-imposed
exile.
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. During the year the UNHCR
facilitated the voluntary repatriation of approximately 31,000 refugees
who had previously fled to neighboring countries, primarily Tanzania,
bringing the total of returned refugees to 505,251 since 2002. On
September 15, the UNHCR reported that 50,000 refugees from Tanzania's
Old Settlements had returned. The repatriates, who returned mostly to
the southern and eastern provinces, often found their land occupied.
Poor living conditions and a lack of food and shelter were problems for
returnees although the UNHCR observed a positive trend since the second
half of 2008, with fewer returnees requesting temporary shelter. At
year's end 13 temporary accommodation centers had been built in the
major areas of origin of the former 1972 refugees, primarily Rutana,
Makamba, and Bururi provinces, in order to allow them to participate in
the resolution of land conflicts affecting them. The Ministry 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. Five integrated villages with approximately
700 houses had been established in the provinces of Ruyigi, Makamba,
and Rutana since 2008.
The UNHCR and the Government Project for the Reintegration of War-
Affected Persons (PARESI) assisted in the resettlement and
reintegration of refugees and IDPs. During the year PARESI registered
and helped to relocate 4,525 persons, including 3,000 repatriates (500
of whom forcibly expelled) from Rwanda, and four persons expelled from
Uganda; the remaining 1,521 were expelled from Tanzania. The National
Office for the Protection of Refugees and Stateless Persons (ONPRA) in
the Ministry of Interior formally took over all asylum-related tasks in
March.
Internally Displaced Persons (IDPs).--Despite improved security, an
estimated 100,000 IDPs remained in 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.
A July government survey of the populations living in displacement
sites, in old peace villages, and in rural integrated villages stated
that many displacement sites in the southern provinces closed while
some sites and populations in Bubanza Province, Bujumbura Rural
Province, and Bujumbura increased.
In May the government forcibly closed the Tankoma and Bugendana IDP
camps in Gitega Province. The Tankoma site was given to the ruling
party to build its headquarters. The government intended to build a
police officers' school at the site of the former Mitakataka IDP camp
in Bubanza Province.
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 August 2008.
The government generally permitted IDPs to be included in UNHCR and
other humanitarian activities benefiting returning refugees, such as
shelter and legal assistance programs.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. The laws provide for the government's 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
30,000 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 all
of its obligations to provide asylum and refugee protections and
cooperated with international organizations involved in refugee issues.
As of August 31, according to the UNHCR, there were approximately
30,300 Congolese refugees and 380 Rwandan asylum seekers in the
country. The majority of the Congolese were sheltered in four UNHCR-run
refugee camps: Bwagiriza in Ruyigi Province, Gihinga in Mwaro Province,
Gasorwe in Muyinga Province, and Musasa in Ngozi Province. The Rwandans
were sheltered in Giharo camp in Rutana Province. The remaining 10,500
refugees were integrated into urban centers. In early October the UNHCR
closed the Gihinga camp, moving the Congolese refugees to the new
Bwagiriza camp despite protests by the refugees that they feared for
their security at Bwagiriza, which is in Ruyigi Province, bordering
Tanzania. The predominantly Banyamulenge Congolese refugees are
survivors of the massacre at Gatumba camp five years ago. They
expressed fear that the proximity to Tanzania could facilitate a new,
cross-border attack from Mai Mai militia elements in refugee camps in
Tanzania.
The national police organized several raids throughout the country
in January and February to round up illegal immigrants during which
more than 1,000 alleged ``irregular foreigners,'' including Congolese,
Rwandans, Tanzanians, and Ugandans, were arrested. Over 700 alleged
illegal immigrants were expelled, but confusion remained among national
police about individuals' status as illegal immigrants, asylum seekers,
or refugees. ONPRA and the UNHCR assisted the asylum seekers and
refugees. The Rwandan government reportedly requested suspension of
deportation proceedings of illegal Rwandan immigrants until a joint
commission could discuss the appropriate way to conduct this process.
In 2006 the government appointed a National Commission for Land and
Other Goods (CNTB) to resolve land and property disputes, including
those resulting from the return of an estimated 500,000 Burundian
refugees since 2002, including some who had been in Tanzania since
1972. In addressing land disputes, the government relied on a mixture
of customary law and legislation, but few citizens were aware of their
legal rights, and most remained too poor to afford legal
representation. Although the CNTB's success was limited by jurisdiction
problems, the UNHCR reported in December that the CNTB had resolved
13,921 claims, more than half of which were in provinces with a high
number of repatriates.
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. For example, the CNTB and the
Rumonge communal administrator agreed there was an increasing problem
of violence between returnees and local communities after two persons
were wounded in an August 5 land dispute.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law and constitution provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through generally free and fair elections based on universal suffrage.
Elections and Political Participation.--In 2005, through an
indirect ballot, citizens chose their first democratically elected
president in more than 12 years, marking the end of the four-year
transition under the Arusha Peace and Reconciliation Agreement. The
legislature elected sole candidate Pierre Nkurunziza of the CNDD-FDD;
he was sworn in as president in August 2005.
President Nkurunziza's election followed communal and legislative
elections earlier the same year, which independent electoral observers
judged to be generally free and fair, although the campaign prior to
the national assembly elections was tense and significantly marred by
violence and intimidation.
The ruling CNDD-FDD party dominated the government. Opposition
parties experienced interference and were subjected to political
violence (see section 2).
By year's end no one had been tried in the March 2008 grenade
attacks on four politicians' homes.
There were reports that at times persons in authority required
membership in the CNDD-FDD was required to obtain education,
employment, and health care benefits. For example, the director of
Marangara High School, Ngozi Province, threatened students who were
members of opposition parties, telling them that there would be
consequences for any students not in ``his party'' (CNDD-FDD).
Multiple sources indicated that CNDD-FDD's youth wing, the
Imbonerakure, was allowed to commit abuses, such as threatening and
assaulting opposition party members, with impunity, due to its
affiliation with the ruling party.
HRW reported that in February Imbonerakure members in Bugabira
Commune, Kirundo Province, forcibly interrupted UPRONA and UPD meetings
and dispersed attendees.
The constitution reserves 30 percent of National Assembly, Senate,
and ministerial positions for women. There were 36 women in the 118-
seat National Assembly and 16 women in the 49-seat Senate; women held
seven of 24 ministerial seats. There were seven women on the 18-seat
Supreme Court, including the chief justice, and two women on the seven-
seat Constitutional Court, including the chief justice and deputy chief
justice.
The law imposes ethnic quotas, requiring that 60 percent of the
seats in the National Assembly 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 the Senate.
Additionally, military positions were divided equally between Hutus and
Tutsis. The government fulfilled this mandate.
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 reflected that corruption was a
severe problem. In July OLUCOME estimated the state had lost 276
billion Burundian francs ($230 million) to corruption and embezzlement
since 2000, including 37.6 billion Burundian francs ($31 million) in
the first six months of the year.
There were indications that certain government entities cracked
down on corruption, while others protected the guilty and promoted the
culture of impunity. For example, customs officials at the border
reportedly required a bribe of $2,000-$4,000 for permitting a truck
with a container to pass through.
On January 15, 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. On January 19, the Anti-Corruption Court
sentenced Ministry of Finance spokesperson Donatien Bwabo to 10 years
in prison for authorizing payment to a fictitious garage. Both men
appealed and at year's end both remained free and in their high-level
positions.
In August 2008 a parliamentary commission established to
investigate irregularities in the 2006 sale of the government-owned
presidential jet identified several high-level leaders in the ruling
party and president's office as complicit in the sale. In August the
speaker of the National Assembly, who is a member of the ruling party,
canceled the report's release and a debate scheduled to take place on
the issue in the National Assembly.
There were no further developments in the case of former central
bank governor Isaac Bizimana, who has been in jail since August 2007
for illegal transfer of government funds to a private company,
Interpetrol.
The law requires financial disclosure by government officials, but
it was not implemented in practice.
The minister of good governance, a Special Anti-Corruption Brigade,
and the state inspector general are all responsible for combating
government corruption. The brigade has the authority to act on its own
initiative to identify offenders and refer them to the general
prosecutor for anticorruption. From January to August, the brigade
investigated 56 cases and recovered 55.6 million Burundian francs
($45,950).
The law does not provide for access to government information, and
in practice information was difficult to obtain. The law does not allow
the media to broadcast or publish information in certain cases relating
to national defense, state security, or secret judicial inquiries.
Human rights observers criticized the law for its poorly defined
restrictions on the right to access and disseminate information.
Section 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. Human rights observers generally were
allowed to visit government facilities such as military bases and
prisons run by the SNR. Government officials were somewhat cooperative
and responsive to their views. 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 government harassment,
indigenous NGOs were more susceptible to pressure from authorities. On
August 4, the minister of interior accused domestic NGOs of being part
of the political opposition.
In July a Ligue Iteka observer and a RPA journalist were charged
with defamation after criticizing corruption in the local public
prosecutor's office in Ruyigi Province. The CNC later agreed to drop
all pending legal action against journalists (see section 2. a.).
There were no further developments in the 2008 case of Ligue Iteka
members forced to testify in a case brought against RPA by a high-
ranking member of the president's office.
Although several international NGOs expressed frustration at the
formidable bureaucratic hurdles they faced when registering with
government offices, governmental attitudes toward international human
rights and humanitarian NGOs remained generally favorable.
The government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations such as the ICRC.
In April the UN Independent Expert on the Situation of Human Rights
in Burundi reported increasing trends to restrict freedom of expression
and freedom of association. He urged authorities to launch an inquiry
into the April 8 murder of Ernest Manirumva (see section 1.a.), stating
``his death is yet another proof that the right to freedom of
expression is under attack in Burundi and that those who choose to
exercise it freely are in danger.'' In 2008 the expert mission's
mandate was renewed, to continue until a National Human Rights
Commission had been established.
There was no human rights ombudsman.
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 committees did not
issue reports or recommendations on human rights and did not have any
impact on human rights problems. The committees were dominated by the
ruling CNDD-FDD and were not independent of government or party
influence.
National consultations on the creation of a Truth and
Reconciliation Commission, originally scheduled to begin in October
2008, commenced on July 13, and continued to the end of the year. A
steering committee of government, UN, and civil society representatives
managed the ``Popular Consultations on Transitional Justice'' to gauge
the population's perspective on how the Truth and Reconciliation
Committee and tribunal should function.
In August 2008 the government of Rwanda accused 670 Burundian
nationals of having been participants in Rwanda's 1994 genocide;
however, by year's end the International Criminal Tribunal for Rwanda
had not summoned any Burundians.
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. The 2009 revised penal code better defines rape as
a crime and prescribes more severe punishments in aggravating
circumstances such as young victims or HIV positive rapists. It also
prohibits domestic rape, but prescribes only a punishment of fines and
eight days' imprisonment. The government did not enforce rape laws
effectively.
During the year there was a high incidence of rape and other sexual
violence against women and girls.
A local NGO, the Association for the Defense of Women's Rights
(ADDF), received reports of 3,019 cases of rape and domestic violence
during the first half of the year. Centre Seruka is a local NGO
equipped in part by Medecins Sans Frontieres de Belgique (MSF-Belgium)
and funded by the UN Children's Fund (UNICEF), the UN Population Fund,
and the UN Development Fund for Women. The Centre reported receiving an
average of 131 victims each month at its center for rape victims in
Bujumbura. MSF said the number of rape victims in the general
population was likely much higher.
The UN and local women's organizations reported a decrease in
incidents of rape by members of the FDN.
Many women were reluctant to report rape for cultural reasons, fear
of reprisal, and unavailability of medical care. Men often abandoned
their wives following acts of rape, and women and girls were
ostracized. Some police and magistrates reportedly ridiculed and
humiliated women who said they were raped and required that victims
provide food for and pay the costs of incarceration of those they
accused of rape. According to a March report by MSF, many of those who
sought judicial redress faced an unresponsive judicial system; courts
often refused to act on cases without witnesses. Some victims were
reportedly required to pay 15,000 Burundian francs ($12.50), 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. In the limited number of cases
that were investigated, successful prosecutions of rapists were rare.
Despite increased attention to the problem, many women did not have
access to appropriate health care in the immediate aftermath of a rape
due to lack of adequate resources. The continuing stigma attached to
victims of sexual violence and a fear of coming forward prevented many
victims from accessing these limited services. Civil society and
religious communities worked to overcome the cultural stigma of rape to
help victims reintegrate into families that had rejected them. Ligue
Iteka, APRODH, ADDF, and BINUB continued to encourage rape victims to
press charges and seek medical care, and international NGOs provided
free medical care in certain areas. The government also raised
awareness of the problem through seminars and local initiatives
describing the kinds of medical care available.
The penal code, as revised during the year, prohibits domestic
abuse of a spouse or child, with punishment ranging from fines to
three-to-five years' imprisonment. In January the UN Committee on the
Elimination of All Forms of Discrimination Against Women expressed
concern over domestic and sexual violence in the country. Domestic
violence against women was common, although no statistics were
available. Local NGOs in the southern provinces reported men beating
and killing their partners to marry younger women. Many victims did not
report crimes of domestic violence, fearing retaliation 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. Wives have the right to charge
their husbands with physical abuse but rarely did so. The government
held police training on domestic and gender-based violence.
The media reported many instances of degrading and violent
treatment of women by their husbands. Incidents included severe
beating, mutilation, and murder. For example, on January 6, residents
of Cibitoke Province discovered a woman who had been severely burned
with hot water and left for dead by her husband the week before.
Hospitals in Bujumbura initially refused to provide medical treatment
to the badly injured woman because of the stench from her infected
wounds. Local police later arrested her husband. At year's end he
remained in detention awaiting trial.
On September 12, a man in Makamba Province killed his wife with a
machete. Police later detained him. At year's end he was in detention
awaiting trial.
The suspect in the October 2008 case in Cankuzo Province who burned
his wife's genitals remained in detention at year's end.
The law prohibits prostitution, and organized prostitution does not
exist to any significant degree; however, there were private brothels
in urban areas, and women engaged in prostitution independently in
high-traffic and tourist areas around Lake Tanganyika. While police did
not aggressively attempt to curb prostitution, there was no reliable
evidence that they participated in or profited from the sex trade.
The revised penal code 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. 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
Burundian Association for Family Wellbeing, a local NGO focused on
maternal health and family planning, only 11.4 percent of Burundians
used these measures. The government provided free childbirth services,
but 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. 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.
Despite constitutional protections, women continued to face legal,
economic, and societal discrimination and were often victims of
discriminatory practices with regard to credit and marital property
laws. By law women must receive the same pay as men for the same work,
but in practice they did not. Some enterprises suspended the salaries
of women while they were on paid maternity leave, and others refused
medical coverage to married female employees. Women were less likely to
hold mid-level or high-level positions in the workforce. However, there
were many female-owned businesses, particularly in Bujumbura.
Several local groups worked to support women's rights, including
the Collective of Women's Organizations and NGOs of Burundi, and Women
United for Development.
Children.--Citizenship is derived from the nationality of the
father and not by birth within the country. In February UNICEF
organized a series of meetings with local and provincial authorities to
clarify issues relating to cross-border movements and the rights of
children born to mixed-nationality couples.
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. In August 2008 the
government announced that it would register without charge the births
of all children up to the age of five. Unmarried women and victims of
rape traditionally have been less likely to register the birth of a
child.
Schooling is compulsory up to age 12; primary school was the
highest level of education attained by most children. The government's
2005 declaration of free primary education substantially increased net
enrollment rates, which reached 79 percent in the 2007-08 school year,
a 20 percent increase over the 2004-05 session. The government claimed
a 90 percent enrollment rate for 2008-09. Female illiteracy remained a
particular problem.
Rape of minors was a widespread problem, but other child abuse was
not reported to be widespread. According to the BINUB, approximately 65
percent of reported rapes were of children aged 17 years and under. The
penalty for rape of a minor can be anywhere from 10 to 30 years. The
minimum age for consensual sex was 18.
During the year Centre Seruka reported that 15 percent of the
sexual violence cases it handled concerned children less than five
years of age. 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, while only six individuals were adults
between the ages of 20-25. Local NGOs reported providing services to
secondary school students who were coerced to perform sexual acts or
raped by schoolteachers.
The 2009 revised penal code prohibits child abuse and includes a
provision protecting children who are still breast-feeding. A father
who takes a breast-feeding child from his mother without her consent
can be charged with a felony offense.
According to 2008 statistics from the Ministry of Human Rights and
Gender, there were approximately 5,000 street children in the country,
many of them HIV/AIDS orphans; however, the government was unable to
provide them with adequate medical and economic support and relied on
NGOs to provide such basic services.
Increasingly children engaged in prostitution for survival;
however, it was not considered widespread. The 2009 revised penal code
prohibits child prostitution; penalties include fines and from five to
10 years' imprisonment. The law also prohibits child pornography, which
may be punished by fines and three to five years' imprisonment.
The government and former rebel forces claimed they no longer
recruited anyone less than 18 years of age. From April to June 8, the
FNL demobilized approximately 380 minor children associated with its
rebel movement. According to the UN, there were no known cases of
children associated with armed groups at year's end.
Revisions to the penal code during the year changed the age of
criminal responsibility from 13 to 15 years old, stating that minors
less than 15 years old could not be held criminally responsible. For
minors between the ages of 15 and 18, the new penal code includes
provisions for counseling, supervision, judicial surveillance, and
foster home or social shelter placement.
Trafficking in Persons.--The 2009 revised penal code prohibits
trafficking in persons and prescribes penalties of five to 10 years'
imprisonment for anyone convicted of trafficking a third person with or
without financial gain. Traffickers could also be prosecuted under
existing laws against kidnapping, rape, prostitution, and slavery.
Despite these changes in the law, the issue and scope of trafficking
was not widely understood by members of the government or the national
police.
The Ministry of Human Rights and Gender, in cooperation with the
Ministries of Justice and Interior, is the lead agency on trafficking.
In 2005 the government created a department within the National Police,
the Brigade for the Protection of Minors, to protect children against
sexual exploitation. The brigade sought to protect children against
forced prostitution and helped some improve their living conditions.
Since its inception the brigade has conducted 10 successful
prosecutions of individuals found to be abusing women and children
through forced prostitution. The brigade began four additional
prosecutions during the year, but at year's end there were no
convictions.
There was no credible evidence that government officials
participated in, facilitated, or condoned trafficking.
Internal trafficking of children for the purposes of forced labor,
particularly for household labor, was a problem. Children, especially
secondary school students, were the targeted population.
There were no reliable reports of widespread, organized sex tourism
or sex trafficking. Most sex tourists and sex traffickers were
reportedly from the United Arab Emirates, Germany, and Tanzania. Sex
traffickers trafficked secondary school students for prostitution into
neighboring countries. The brigade also reported that a small number of
children were reportedly taken from the country to Uganda, Rwanda, and
the Democratic Republic of Congo and returned home after two months.
There were no arrests of alleged traffickers.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities,
and there were no reports that the government failed to enforce this
provision regarding employment, education, or access to healthcare.
However, the government had not enacted legislation or otherwise
mandated access to buildings or government services, for persons with
disabilities.
National/Racial/Ethnic Minorities.--Discrimination against Hutus,
who constitute an estimated 85 percent of the population, occurred less
frequently during the year. The constitution requires ethnic quotas for
representation within the government and in the military. Hutus
significantly increased their presence and power in the government
following the 2005 elections. During the year significant improvements
were made in integration of primarily Hutu former combatants into the
security forces.
The minority Tutsis, particularly southern Tutsis from Bururi
Province, historically have held power and continued to dominate the
economy.
Indigenous People.--The Batwa, believed to be the country's
earliest inhabitants, represent less than 1 percent of the population
and generally remained economically, socially, and politically
marginalized. However, the government has instituted several measures
to address the Batwa's traditional isolation. Local administrations
must provide free school books and health care for all Batwa children.
The government also provides small acreages, when possible, for Batwa
who wish to become farmers and allocates them approximately two acres
of land per family, the average sized farmstead of the country's rural
poor.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Despite opposition by local
and international human rights organizations, the revisions to the
penal code enacted during the year included a provision that
criminalizes homosexual acts. Anyone who has sexual relations with a
person of the same sex can be sentenced to three months up to two
years' imprisonment and/or fined. At year's end no one had been
prosecuted under this provision.
In early September the government registered a self-described
lesbian, gay, bisexual, and transgender (LGBT) rights organization. In
order to register, the organization was informally advised by Ministry
of Interior sources to change its name from the ``Association for the
Respect and Rights of Homosexuals'' to the Kirundi word ``Humure,''
meaning ``do not be afraid.''
The size of the LGBT community was unclear, as many individuals
feared identifying themselves as LGBT because it was not culturally
acceptable. A study in Bujumbura released on August 15 found 180 males
who self-identified as gay men.
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. Humure reported that 90
percent of the men who engaged in male-to-male sex were married.
Representatives of the LGBT community stated that after the 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
homosexuals.
On July 1, a young man was arrested for allegedly committing sexual
violence against a club patron in Bujumbura. The police later stated
the man was arrested for being gay but offered to release the suspect
in exchange for money. Advocacy by human rights NGOs and the LGBT
community helped secure his release from police custody.
Other Societal Violence or Discrimination.--The constitution
specifically outlaws discrimination against those with HIV/AIDS or
other ``incurable'' illnesses. There were no reports of government-
sponsored discrimination against such individuals, although some
observers suggested the government was not actively involved in
preventing societal discrimination.
There were persons with albinism who were victims of violence
during the year, and discrimination against such persons occurred.
Fathers sometimes sent away women who gave birth to children with
albinism. The local NGO Albinos Without Borders (ASF) assisted in four
cases of mother and child abandonment due to albinism since 2008.
Health issues involving eyesight or prolonged sun exposure often
affected the ability of persons with albinism to participate fully in
school or the workforce. ASF reported that efforts to educate the
population about the issues affecting persons with albinism have helped
to improve the situation.
There was a series of killings of persons with albinism in 2008 and
sporadic killings continued during the year (see section 1.a.).
Incitement to Acts of Discrimination.--On March 6, a demonstration
with an estimated 2,000 to 3,000 participants took place in Bujumbura
in support of the law criminalizing homosexuality. The march was
sponsored by the ruling party, CNDD-FDD. Participants in the
antihomosexual demonstration wore CNDD-FDD T-shirts and sang party
anthems. Buses were hired to bring large numbers to the march,
including school-aged children; schools were closed for the event.
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. However, although most workers
exercised this right in practice, the armed forces, state employees,
magistrates, and foreigners working in the public sector were
prohibited from union participation. The law prevents workers under the
age of 18 from joining unions without the consent of their parents or
guardians. According to the Confederation of Burundian Labor Unions
(COSYBU), many private sector employers systematically worked to
prevent the creation of trade unions, and the government failed to
protect private sector workers' rights in practice. Relations between
COSYBU and the government remained poor. Ligue Iteka reported
widespread discriminatory hiring practices for government jobs based on
applicants' political affiliations, despite a law prohibiting such
practices.
According to COSYBU less than 10 percent of the formal private
sector workforce was unionized, while an estimated 50 percent of the
public sector was unionized. Most citizens worked in the unregulated
informal economy, in which there was little or no legal protection of
labor rights. 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
Labor. Before a strike can occur, the ministry must determine whether
strike conditions have been met, which essentially gives it the power
to veto all strikes, according to the International Trade Union
Confederation (ITUC).
The labor code prohibits retribution against workers participating
in a legal strike, but labor leaders continued to suffer abuse. Several
leaders of the doctors' and nurses' unions who organized a series of
strikes between February and May reported receiving death threats. Four
committee members of the state-owned Moso Sugar Company's labor union
were dismissed for organizing a peaceful strike in April 2008 and had
not been reinstated by year's end.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, but the
government frequently interfered with unions and intimidated or
harassed their leaders. The law also recognizes the right to collective
bargaining, and it was freely practiced; however, wages are excluded
from the scope of collective bargaining in the public sector and were
set according to fixed scales, following consultation with unions.
Since most salaried workers were civil servants, government
entities were involved in almost every phase of labor negotiations.
Both COSYBU and the Confederation of Free Unions represented labor
interests in collective bargaining negotiations, in cooperation with
individual labor unions. Civil servant unions must be registered with
the Ministry of Civil Service. There were no reliable statistics on the
percentage of workers covered by collective agreements.
The law prohibits antiunion discrimination; however, the government
often failed to respect this right in the public sector. During the
year there were numerous instances of the government intimidating,
imprisoning, or illegally transferring union workers. For example, the
leader of the state penitentiary workers' union, who was
administratively transferred in April 2008 to another work site for
criticizing sharp increases in management salaries, was permitted to
remain at her original post following an outcry from local NGOs.
However, she was reportedly ostracized by her employers and no longer
had any responsibilities.
According to the ITUC, the government often failed to protect
workers in the private sector from discrimination by employers.
In September 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 ``provisionally released'' on July 9. However, his movements were
restricted; he was not permitted to leave the country, and his
activities were closely monitored by the government.
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
continued to be reports that it occurred. Most of these reports
concerned cases of domestic servitude or work by children in fishing
and subsistence agriculture, primarily bananas, cassava, maize, and
beans (see section 6).
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code states that enterprises may not employ children under the
age of 18, except for exceptions permitted by the Ministry of Labor.
These include light work or apprenticeships that do not damage
children's health, interfere with their normal development, or
prejudice their schooling. However, the government did not effectively
enforce these laws, and child labor remained a problem. Additionally,
the legal age for most types of ``non-dangerous'' labor is 18. The code
also permits children aged 12 and up to be employed in ``light labor,''
such as selling newspapers, herding cattle, or preparing food. However,
children less than age 16 in rural areas regularly performed heavy
manual labor in the daytime during the school year. According to the
ITUC, the vast majority of children in the country worked during the
year.
Children were legally prohibited from working at night, although
many did so in the informal sector. Most of the population lived by
subsistence agriculture, and children were obliged by custom and
economic necessity to participate in subsistence agriculture, family-
based enterprises, and other informal sector activity. Child labor also
existed in brick making enterprises.
There continued to be reports of children performing household
domestic labor. Local media in Rumonge, Bururi Province, reported young
children working 12-hour days in the informal fishing sector. 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 but
had conducted no child labor investigations. In conjunction with UNICEF
and NGOs, the government provided training for ministry of labor
officials in enforcing child labor laws.
During the year the government supported international
organizations, several NGOs, and labor unions engaged in efforts to
combat child labor; efforts included care and training of demobilized
child soldiers. UNICEF assisted the Ministry of Labor to implement a
public education program to counter child labor and the abuse of former
child soldiers.
e. Acceptable Conditions of Work.--Although the cost of living rose
significantly during the year, the legal minimum wage for unskilled
workers continued to be 160 Burundian francs ($0.13) per day. While
some employers voluntarily paid their unskilled laborers a minimum of
1,500 Burundian francs ($1.25) 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. There is no statute concerning
compulsory overtime, opportunities for which generally do not exist.
Rest periods include 30 minutes for lunch. There are no exceptions for
foreign or migrant workers.
The labor code establishes health and safety standards that require
safe workplaces. Enforcement responsibility rests with the Ministry of
Labor, which was responsible for acting upon complaints; however, there
were no reports of complaints filed with the ministry during the year.
Workers did not have the right to remove themselves from situations
that endangered health and safety without jeopardizing their
employment.
Small numbers of persons from the neighboring Democratic Republic
of Congo, 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 18 million, is a
republic dominated by a strong presidency. The country has a multiparty
system of government, but the Cameroon People's Democratic Movement
(CPDM) has remained in power since it was created in 1985. The
president retains the power to control legislation or to rule by
decree. In 2004 CPDM leader Paul Biya won reelection as president, a
position he has held since 1982. The election was flawed by
irregularities, particularly in the voter registration process, but
observers concluded that the election results represented the will of
the voters. The 2007 legislative and municipal elections had
significant deficiencies in the electoral process, including barriers
to registration and inadequate safeguards against fraudulent voting,
according to international and domestic observers. Although civilian
authorities generally maintained effective control of the security
forces, security forces sometimes acted independently of government
authority.
Human rights abuses included security force torture, beatings, and
other abuses, particularly of detainees and prisoners. Prison
conditions were harsh and life threatening. Authorities arbitrarily
arrested and detained citizens advocating secession, local human rights
monitors and activists, persons not carrying government-issued identity
cards, and other citizens. There were incidents of prolonged and
sometimes incommunicado pretrial detention and infringement on privacy
rights. The government restricted freedoms of speech, press, assembly,
and association, and harassed journalists. The government also impeded
freedom of movement. Other problems included widespread official
corruption; societal violence and discrimination against women; female
genital mutilation (FGM); trafficking in persons, primarily children;
and discrimination against indigenous people, including pygmies, and
homosexuals. The government restricted worker rights and the activities
of independent labor organizations. Child labor, hereditary servitude,
and forced labor, including forced child labor, were problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed politically
motivated killings; however, there were reports that security forces
committed unlawful killings. There were also some incidents of officers
using excessive force; however, the government rarely prosecuted the
officers responsible.
On October 28, Captain Jean Pierre Kagombe, a commander in the
Upper Plateaux Division, West Region, shot and killed Jean Baptiste
Kamgaing, a craftsman, following an identity check. According to press
reports, Kagombe and Kamgaing were drinking together at a bar. Kamgaing
left first. Shortly afterward, Kagombe and a gendarmerie patrol came
across Kamgaing and requested his identification papers. Astounded by
the request, Kamgaing told Kagombe that they had just been in the bar
together; Kagombe, who was drunk, pulled his gun and killed Kamgaing.
According to the police administration, however, Kamgaing refused to
abide by the law and tried to run away. When caught, he tried to seize
the captain's gun and was shot accidentally. An investigation was
underway at year's end.
On November 15, Olivier Villot Ehongo, a second grade police
officer and second deputy to the public security commissioner of Bafia,
Mbam, and Inoubou Division, Center Region, shot and killed his wife
Martine Virginie Ehongo, a magistrate and assistant to the Bafia
prosecutor, following a dispute linked to jealousy. On December 1, the
Delegate General for National Security (DGSN) suspended Ehongo for
three months, pending disciplinary and legal actions. Ehongo eluded
capture following the incident and was still wanted by police at year's
end.
The government took no action regarding security force killings
during the February 2008 riots, which spread to 31 localities including
Yaounde and Douala, and the subsequent government crackdown. While the
government reported 40 persons killed, nongovernmental organizations
(NGOs) such as La Maison des Droits de l'Homme, stated that security
forces killed over 100 persons (see section 2.b.).
Unlike in 2008, there were no reports of prisoner deaths related to
security force abuse during the year.
On July 16, the Mfoundi High Court in Yaounde postponed
indefinitely the trial of defendants charged with 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. The decision followed three previous
postponements by the court during hearings held on March 5, March 26,
May 28, and June 11.
During the year societal violence and summary justice against
persons suspected of theft continued to result in deaths. These acts of
mob violence were seldom prosecuted by the government. For example, the
press reported 18 deaths from mob violence, including beatings and
burnings, an increase from the 13 deaths reported in 2008.
In early May citizens in Douala beat and killed a thief attempting
to break into a house. No arrests took place after the attack.
On August 19, the citizens in the Kamkop II neighborhood of
Bafoussam burned a thief to death for the alleged theft of a rooster.
Again, there were no arrests or charges against the perpetrators.
Mob violence was largely due to public frustration over police
ineffectiveness and the release without charge of many individuals
arrested for serious crimes.
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. The
government rarely investigated or punished any of the officials
involved.
There were reports that security forces detained persons at
specific sites where they tortured and beat detainees. Security forces
also reportedly subjected women, children, and elderly persons to
abuse.
On January 22, newly recruited soldiers beat approximately two
dozen residents of Nsoh (Bafut), in the North West Region after an
altercation between the soldiers and a taxi driver. The divisional
officer promised that the authorities would take action, but an
investigation was still pending at year's end.
On September 17, Douala police officers beat and tore the shirt off
of Freddy Nkoue, a cameraman working for Canal 2 International, a
Douala-based private television channel. The incident occurred outside
the Douala court, where the cameraman was covering the trial of two
opposing Union of the Peoples of Cameroon factions. The International
Federation of Journalists denounced the ``aggression.'' However, Nkoue
did not file charges.
In a March 2008 interview Joseph Lavoisier Tsapy, a lawyer in the
West Region and a member of the Liberty and Human Rights League,
described the treatment that security forces inflicted on individuals
arrested during the February 2008 riots. He stated that security forces
repeatedly stripped, beat, and dumped detainees into ashes from burned
tires and broken glass, resulting in numerous injuries (see section
2.b.). At year's end the Liberty and Human Rights League and other
human rights organizations, in association with the parents and
families of the victims, were still compiling information for a formal
complaint, in part due to difficulty in identifying the perpetrators.
No action was taken against security force officials responsible
for the beating of Bernard Songo, a student from the University of
Douala arrested during the 2008 riots, who reported that police
officers severely beat him and two co-detainees in the judicial police
precinct cells. Journalists covering the trial reported that evidence
of the beatings was visible on the victims' bodies.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Prisons were seriously overcrowded and
unsanitary. In 2008 the National Commission on Human Rights and
Freedoms (NCHRF) reported that the daily food ration per prisoner was
less than 100 CFA francs ($0.21). Deficiencies in health care and
sanitation, which were common in all prisons, remained a serious issue.
During a May visit to Douala's New Bell Prison some detainees
claimed prison authorities brutalized them. In addition, guards and
local NGOs reported inmates raping each other.
Numerous international human rights organizations and some prison
personnel reported that torture was widespread, but most reports did
not identify the victims for fear of government retaliation or because
of ignorance of, or lack of confidence in, the judicial system.
In New Bell Prison and other nonmaximum security penal detention
centers, prison guards inflicted beatings, and prisoners were
reportedly chained or at times flogged in their cells. For example, in
May, during a visit to the New Bell Prison, foreign government
officials found that disobedient and violent prisoners were chained in
a tiny disciplinary cell.
Allegations were also made that authorities administered beatings
in temporary holding cells within police or gendarme facilities.
Security forces reportedly subjected prisoners and detainees to
degrading treatment, including stripping them, confining them in
severely overcrowded cells, denying them access to toilets or other
sanitation facilities, and beating them to extract confessions or
information about alleged criminals. Pretrial detainees reported that
prison guards sometimes required them, under threat of abuse, to pay
``cell fees,'' a bribe paid to prison guards to prevent further abuse.
In addition, during a February 2008 visit to the Yaounde Kondengui
Central Prison, Divine Chemuta Banda, the Chairman of the NCHRF learned
that many of the SDF militants incarcerated in 2006 in connection with
the death of Gregoire Diboule had been treated inhumanely and denied
medical care. The NCHRF referred the matter to authorities, who agreed
to address the issue.
During the year the government purchased four trucks for the
Yaounde and Douala prisons. In its 2008 human rights report released in
October, the Ministry of Justice stated that the government began
construction of four prisons in Bangem, South West Region, Ntui and
Ngoumou, Center Region, and Bengbis, South Region. The government
refurbished or renovated 12 old prisons in seven regions including the
central prisons of Ngaoundere, Garoua, and Maroua in the three northern
regions. The government also completed construction of the nursery in
the Yaounde Kondengui Central Prison.
Prisoners were kept in dilapidated, colonial-era prisons, where the
number of inmates was as much as four to five times the intended
capacity. Overcrowding was exacerbated by the large number of long
pretrial detentions. Some NGOs released a report claiming that cells
meant for 30 or 40 persons held more than 100 detainees. The NCHRF
reported that in 2008, the government held 23,000 inmates in detention
facilities originally built for 16,000 detainees. At year's end the
Ministry of Justice reported that the government held 24,000 inmates in
detention. Douala's New Bell Prison, built for 800 inmates, housed
2,813 inmates. The Buea prison, built for 200 inmates, held 420
detainees, and the Kumba prison, built for 200 inmates, held 481
persons.
In September the media covered a report from the nurse of the
Maroua Central Prison in the Far North Region denouncing the dramatic
overcrowding of the Maroua Central Prison, which was originally built
for 350 inmates and held more than 1,000 detainees.
The Yaounde Kondengui Prison, originally built for an approximately
700 inmates, held 3,500 prisoners in September 2008, according to a
statement by its administrator. In October 2008 penitentiary
authorities in Bamenda publicly stated that 700 detainees occupied a
prison initially intended to hold less than 50 prisoners.
Prisoners' families were expected to provide food for their
relatives in prison. New Bell Prison contained seven water taps for
approximately 2,813 prisoners, contributing to poor hygiene, illness,
and death.
Health and medical care were almost nonexistent in prisons and
detention cells located in gendarmeries and police stations. There were
reports that prisoners died due to a lack of medical care. In September
a nurse from the Maroua Central Prison submitted a report to the prime
minister that 40 prisoners died as a result of inadequate medical care
and nutrition. In response, the government completed the renovation of
the prison and increased the food budgets.
Unlike in the previous year, no prisoners died as a result of
inmate abuse. In 2008 prisoners in the New Bell Prison tried to lynch
Ahmend Aliou, who subsequently died in his cell because prison wardens
did not provide medical assistance. No action had been taken against
prison officials by year's end. In a 2008 report, the Action of
Christians for the Abolition of Torture (ACAT), an NGO that regularly
visits prisoners, characterized New Bell Prison as ``hell on earth.''
Individuals incarcerated in the New Bell Prison for homosexual acts
suffered discrimination and violence from other inmates.
Corruption among prison personnel was widespread. Prisoners bribed
wardens for special favors or treatment, including temporary freedom.
There were two separate prisons for women. There were also a few
pretrial detention centers for women; however, women routinely were
held in police and gendarmerie complexes with men, occasionally in the
same cells. Mothers sometimes chose to be incarcerated with their
children, while their children were very young or if they had no other
child care option. The secretary of state in charge of penitentiary
administration acknowledged this was a serious problem and in September
2008 at a training session on detainee rights said that, ``Cameroonian
prisons should no longer be perceived or managed as places of
repression, torture, or various other abuses.''
Juvenile prisoners were often incarcerated with adults,
occasionally in the same cells or wards. There were credible reports
that adult inmates sexually abused juvenile prisoners. For example,
during a visit by foreign government officials to New Bell Prison, a
juvenile asked to go to the area with adults. The warden reminded him
that adults abuse juveniles in that area.
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.
Authorities held adult men, juveniles, and women together in
temporary detention centers, where detainees usually received no food,
water, or medical care. Overcrowding was common. Detention center
guards accepted bribes from detainees in return for access to better
conditions, including permission to stay in an office instead of a
cell. Detainees, whose families were informed of their incarceration,
relied on their relatives for food and medical care.
In the North and Extreme North regions the government continued to
permit traditional chiefs, or Lamibe, to detain persons outside the
government penitentiary system, in effect creating private prisons.
Many citizens turned to the Lamibe for dispute resolution. Within the
palaces of the traditional chiefdoms of Rey Bouba, Gashiga, Bibemi, and
Tcheboa, there were private prisons that had reputations for serious
abuse. For example, those incarcerated were often tied to a post with
chains attached to their wrists and ankles.
In 2007 there was a report that a Lamido (traditional and religious
rulers in the northern regions) used law enforcement officials to
extort money and confiscate cattle from citizens. Authorities held
these citizens without access to an attorney for days or weeks, and
then sent them to trial in Garoua, where the charges would routinely be
dismissed.
The government permitted international humanitarian organizations
access to prisoners. Both the local Red Cross and the NCHRF made
infrequent, unannounced prison visits during the year. The government
continued to allow the International Committee of the Red Cross (ICRC)
to visit prisons.
The government made nominal improvements during the year and
allocated more funds to correct food deficiencies.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces
continued to arrest and detain citizens arbitrarily.
On February 13, police from Douala 1 Central Precinct arbitrarily
arrested dozens of young women in the streets of Akwa and Bonanjo
neighborhoods, alleging that the women were prostitutes. Some of the
women were prostitutes, many were simply walking down the street. On
February 17, police released all the women.
Role of the Police and Security Apparatus.--The national police,
the National Intelligence Service (DGRE), the Ministry of Defense, the
Ministry of Territorial Administration, and, to a lesser extent, the
Presidential Guard are responsible for internal security. The Ministry
of Defense, which includes the gendarmerie, the army, the army's
military security unit, and the DGRE, are under an office of the
presidency, resulting in strong presidential control of security
forces. The national police include the public security force, judicial
police, territorial security forces, and frontier police. The national
police and the gendarmerie have primary responsibility for law
enforcement. In rural areas, where there is little or no police
presence, the primary law enforcement body is the gendarmerie.
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 ineffective,
poorly trained, underpaid, and corrupt. Impunity remained a problem, in
spite of efforts by the government to punish those who abuse their
authority. However, police officers involved in illegal activities were
increasingly sanctioned during the year.
Citizens viewed police as ineffective, which frequently resulted in
mob justice (see section 1.a.).
In 2008 the president signed decrees creating police stations and
appointing police personnel in the Bakassi area, a region returned from
Nigeria in August. In 2007 Mebe Ngo'o, then-DGSN, created new mobile
police units and precincts in Yaounde and Douala to improve
professionalism and increase police visibility.
During the year investigations resulted in sanctions against 12
police officers. However, authorities sanctioned fewer police officers
for corruption, falsification of official documents, abuse of
authority, use of excessive force, extortion of money, arbitrary
arrest, blackmailing, and aggravated theft than in 2008.
On January 14, Mebe Ngo'o suspended police officer Charles Bernard
Atangana Fono, the assistant to the special commissioner for Nyong and
So'o Division, Center Region, for three months without pay for
extortion of money; legal action was pending at year's end.
Also on January 14, Mebe Ngo'o suspended Police Inspector Martin
Merimee Loh of the Mbanga, Littoral Region, and police officer Joel
Medou Obam, for extortion of money and indiscipline; legal actions were
pending at year's end.
On September 11, Emmanuel Edou, the DGSN appointed on June 30,
suspended Second Grade Police Officer Michel Bekolo Angoula of the
special police precinct of Kadey Division, East Region, and Police
Inspector Vally Ghislain Mvondo Mbia of the Department of Border
Police, for three months without pay for indiscipline and extortion of
money; legal action was still pending at year's end.
Arrest Procedures and Treatment While in Detention.--The law
requires police to obtain an arrest warrant except when a person is
caught in the act of committing a crime; however, police often did not
respect this requirement in practice. The law provides that detainees
must be brought promptly before a magistrate; however, this frequently
did not occur. Police legally may detain a person in connection with a
common crime for up to 24 hours and may renew the detention three times
before bringing charges; however, police occasionally exceeded these
detention periods. The law permits detention without charge by
administrative authorities such as governors and senior divisional
officers for renewable periods of 15 days. The law also provides for
access to counsel and family members; however, detainees were
frequently denied access to both legal counsel and family members. The
law permits bail, allows citizens the right to appeal, and provides the
right to sue for unlawful arrest, but these rights were seldom
exercised.
Police and gendarmes arrested persons on spurious charges on
Fridays at mid-day or in the afternoon although the number of such
cases had decreased. While the law provides for judicial review of an
arrest within 24 hours, the courts did not convene on weekends, so
individuals arrested on a Friday typically remained in detention until
Monday at the earliest. Police and gendarmes made such ``Friday
arrests'' after accepting bribes from persons who had private
grievances. There were no known cases of police officers or gendarmes
being sanctioned or punished for this practice. Security forces and
government authorities reportedly continued to arbitrarily arrest and
detain persons, often holding them for prolonged periods without
charges or trial and, at times, incommunicado.
In May the Douala New Bell Prison held approximately 50 persons
transferred from administrative detention for two months. The Prefet of
Wouri Division, Littoral Region, ordered their administrative
detention, following their arrest during a neighborhood sweep.
During the February 2008 riots, security forces arrested 1,671
persons around the country according to March 2008 figures released by
the Ministry of Justice (see section 2.b.). NGOs claimed the number was
higher and reported that security forces arrested scores of onlookers
not directly involved in demonstrations or rioting. More than 500
bystanders, who were previously detained, have since been released.
However, approximately 220 people were still detained at year's end
because their prison terms exceeded the presidential amnesty.
For example, in February 2008 Yaounde gendarmes arrested Andre
Blaise Essama, a computer specialist, for taking pictures of the
demonstrations on his way home from work. A plainclothes gendarme
officer took Essama to the gendarmerie headquarters where he was
interrogated and subsequently incarcerated on charges of disturbing
public order and looting. Three weeks later the court released Essama
due to the erroneous charges. Essama filed a complaint against the two
gendarme officers, but no action had been taken by year's end because
Essama was unable to fully identify his perpetrators.
On June 24, the Douala High Court confirmed the three-year prison
sentence of Lapiro de Mbanga, a popular singer arrested in Loum,
Littoral Region in April 2008 for inciting riots and looting and
increased damages to be paid to 280 million CFA francs ($560,000).
Police arbitrarily arrested persons without warrants during
neighborhood sweeps for criminals and stolen goods, most recently on
December 12 in the Douala neighborhoods of Deido and Ndokoti. Citizens
are required to carry identification with them at all times and police
frequently arrested persons without identification during sweeps.
Prolonged pretrial detention was a serious problem. The criminal
procedure code provides for a maximum of 18 months' detention before
trial. However, the NCHRF's report released during the year but
covering 2008, noted that 62 percent of inmates were pretrial
detainees. The report also indicated that the longest time a detainee
had been in pretrial detention was nine years. In October government
statistics showed that 62.48 percent of the 24,000 inmates held in the
country were awaiting trial. In 2008 the Cameroon Bar Association
indicated that many of these inmates had been awaiting trial for five
to 10 years. The high number of pretrial detainees was due in part to
the complexity of cases, judicial inefficiency, staff shortages, and
corruption. The bar association linked longer detention periods to a
shortage of lawyers and an inadequate tracking system that resulted in
frequent loss of files.
The law specifies that, after an investigation has concluded,
juveniles should not be detained without trial for longer than three
months. In practice the government detained juveniles for longer
periods of time. During the year there were reports that some minors in
Douala, Buea, and Kumba prisons had been detained for more than a year.
In recent years there were reports that some prisoners were kept in
prison after completing their sentences or having been released under a
court ruling. This usually occurred when prisoners did not pay their
fines.
For example, reports indicated that during the year more than 100
prisoners remained in New Bell Prison despite completing their
sentences. In addition, both prisons in Buea and Kumba also held
inmates who had completed their sentences.
Amnesty.--In May 2008 President Biya granted amnesty to hundreds of
persons convicted for their participation in the February 2008 riots as
well as other detainees.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary remained subject
to executive influence, and corruption and inefficiency remained
serious problems. The court system is subordinate to the Ministry of
Justice. The constitution names the president as ``first magistrate,''
thus ``chief'' of the judiciary and the theoretical arbiter of any
sanctions against the judiciary; however, the president has not filled
this role. The constitution specifies that the president is the
guarantor of the legal system's independence. He also appoints all
judges with the advice of the Higher Judicial Council. However, the
judiciary showed modest signs of growing independence. For example, in
September the Supreme Court confirmed an earlier ruling against the
Ministry of Culture and found illegal the minister's decision to
dissolve the Cameroon Music Corporation.
The court system includes the Supreme Court, a court of appeals in
each of the 10 regions, high courts, and courts of first instance in
each of the country's 58 divisions.
On March 29, the president signed a decree that dismissed Jean
Baptiste Peyembouo, a second grade magistrate, from the judicial and
legal service for dereliction of duty.
In early January the vice prime minister and minister of justice
hired a consultant to update the penal code and to develop bilingual
civil and civil procedure codes.
The legal system includes both national and customary law, and many
criminal and civil cases can be tried using either one. Criminal cases
are generally tried in statutory courts, and customary court
convictions involving witchcraft are automatically transferred to the
statutory courts, which act as the court of first instance. Customary
law, used in rural areas, is based upon the traditions of the ethnic
group predominant in the region and is adjudicated by traditional
authorities of that group. Customary law is deemed valid only when it
is not ``repugnant to natural justice, equity, and good conscience.''
However, many citizens in rural areas remained unaware of their rights
under civil law and were taught that they must abide by customary laws.
Customary law ostensibly provides for equal rights and status; however,
men may limit women's rights regarding inheritance and employment, and
some traditional legal systems treat wives as the legal property of
their husbands.
Customary courts served as a primary means for settling family-
related civil cases, such as matters of succession, inheritance, and
child custody. Customary courts may exercise jurisdiction in a civil
case only with the consent of both parties. Either party has the right
to have a case heard by a statutory court and to appeal an adverse
decision by a customary court to the statutory courts.
Military tribunals may exercise jurisdiction over civilians when
the president declares martial law and in cases involving civil unrest
or organized armed violence. Military tribunals also have jurisdiction
over gang crimes, banditry, and highway robbery. The government
interpreted these guidelines broadly and sometimes used military courts
to try matters concerning dissident groups who used firearms. In
December 2008 the president promulgated a new law that reorganized
military justice and laid down rules of procedure applicable before
military tribunals. For example, military criminal investigation
officers may carry out house searches, visit residential premises, and
make seizures only in accordance with ordinary law. Also, the state
prosecutor may order the arrest and detention of persons presumed to
have committed a crime or caught in the act if the case has been
referred to the state prosecutor.
Trial Procedures.--The law provides for a fair public hearing in
which the defendant is presumed innocent. There is no jury system.
Defendants have the right to be present and to consult with an attorney
in a timely manner. Defendants generally were allowed to question
witnesses and to present witnesses and evidence on their own behalf.
Defendants 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.
In April 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.
Furthermore, it specifies the conditions for legal aid applications,
explains the effects of legal aid, and identifies the conditions for
withdrawal of such aid. The bar association and some voluntary
organizations such as the Cameroonian Association of Female Jurists,
offered free assistance in some cases. The services were still
available because the new legal aid bill was not fully implemented by
year's end.
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 ACAT representative Madeleine Afite
publically denounced these violations. Afite stated that arrested
minors received no assistance from their parents, attorneys, or human
rights organizations, as the code mandates. In October and November the
lawyers for Polycarpe Abah Abah, who was arrested in 2008 on corruption
charges, requested that he be released because the legal period of
detention without trial had expired. The court rejected the request.
Political Prisoners and Detainees.--There were reports of political
detainees, which included citizens advocating secession through an
illegal organization.
During the year the government continued to detain two individuals
widely considered by human rights NGOs to be political prisoners. Titus
Edzoa, former minister of health and long-time aide to President Biya,
and Michel Thierry Atangana, Edzoa's 1997 campaign manager, were
arrested in 1997, three months after Edzoa resigned from government and
launched his candidacy for president. They were convicted on charges of
embezzling public funds and sentenced to 15 years in prison. Both Edzoa
and Atangana complained of irregularities in their trials and
restricted access to counsel. At the end of the year the prosecutor
filed new charges against both men for embezzlement.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent civil judiciary; however, the judiciary
remained subject to executive influence, and corruption and
inefficiency remained serious problems.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, these rights were subject to the ``higher interests of the
state,'' and there were credible reports that police and gendarmes
harassed citizens, conducted searches without warrants, and opened or
seized mail with impunity. The government continued to keep some
opposition activists and dissidents under surveillance. Police
sometimes detained family members and neighbors of criminal suspects.
The law permits a police officer to enter a private home during
daylight hours without a warrant if he is pursuing a criminal suspected
of committing a crime. A police officer may enter a private home at any
time in pursuit of a criminal observed committing a crime.
During the year police put the houses of Southern Cameroons
National Council (SCNC) officials and activists under surveillance,
searched the houses of some SCNC leaders, and disrupted SCNC meetings
in private residences. The SCNC is an anglophone group the government
considers illegal because it advocates secession. The group does not
have legal status as it has never filed an application to become either
a political party or a legally recognized organization because the
group considers illegal the government's ``rule'' over their
``territories.''
In October, in response to a 2003 complaint filed by the SCNC, the
African Union Commission on Human and Peoples' Rights acknowledged
serious human rights violations committed by the government against
secessionist anglophones, while at the same time dismissing anglophone
secessionism.
An administrative authority may authorize police to conduct
neighborhood sweeps without warrants. Such sweeps at times involved
forced entry into homes in search of suspected criminals or stolen or
illegal goods. Security forces sometimes sealed off a neighborhood,
systematically searched homes, arrested persons, sometimes arbitrarily,
and seized suspicious or illegal articles. In February and March
security forces conducted street sweeps in the Douala neighborhoods of
Akwa and Bonandjo and arrested dozens of suspects. While security
forces subsequently released some, others were kept and transferred to
the prosecutor's office on various charges including theft, aggression,
and evasion. Some of the recovered stolen items included electronics
and cell phones.
Citizens without identification cards were detained until their
identity could be established and then released. Several complained
that police arbitrarily seized electronic devices and cell phones. Some
registered their complaints with the police. For example, residents
complained about the December 12 street sweep that took place in the
Douala neighborhoods of Deido and Ndokoti. Security forces maintained
there was an increase in crime and their intention was to prevent
criminal activity.
There continued to be accusations, particularly in the North and
Far North regions, that traditional chiefs arbitrarily evicted persons
from their land. There was no further development at year's end.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the government continued to restrict
these rights in practice. The government arbitrarily arrested and
detained journalists. Senior members of the government and the CPDM
used their positions to harass journalists and encourage their arrest
and detention. The government enforced media regulations irregularly,
often implementing arduous requirements selectively to regime critics.
This often created an environment of self-censorship for journalists
and media outlets. Government officials used expansive libel laws to
persecute journalists who criticized them.
Individuals generally were able to criticize the government
publicly and privately without being subjected to government reprisal.
However, there were numerous instances where government officials
threatened, harassed, or denied equal treatment to individuals or
organizations who criticized government policies or expressed views at
odds with government policy.
On January 30, a security officer arrested Roland Fube Fonwi Tita,
a chemistry teacher at the English High School in Yaounde, on charges
of plotting to assassinate the president and some ministers. The
security official, who overheard Fube critique the president during a
taxi ride with other passengers, pulled a gun and ordered the taxi
driver to take them to a security office. On February 4, the prosecutor
detained Fube, who was released on bail on March 3. Fube was charged
with making disparaging remarks against the president. The case
remained pending at year's end because witnesses failed to appear in
court.
The government published the daily newspaper the Cameroon Tribune.
The newspaper did not report extensively on protests or political
parties critical of the government, overtly criticize the ruling party,
or portray government programs in an unfavorable light.
During the year approximately 200 privately owned newspapers were
published; however, most appeared irregularly, primarily due to lack of
funding. Only an estimated 25 were published on a regular basis.
Newspapers were distributed primarily in urban areas, and most
continued to criticize the government and report on controversial
issues, including corruption, human rights abuses, homosexuality, and
economic policies.
The government continued to disburse official funds to support
private press outlets during the year. According to media reports, the
government awarded funding selectively to outlets that were less
critical of the government and with instructions to provide reporting
favorable to the regime.
The government interfered with private broadcast, print, and radio
media during the year.
Journalists continued to be arrested, harassed, and intimidated. In
early July, Jean Bosco Talla, editor of the Yaounde-based private
weekly Germinal, reported receiving anonymous threats, including a text
message with references to the slain Burkinabe editor Norbert Zongo and
the missing French-Canadian reporter Andre Kieffer. The threats were
linked to the newspaper's decision to republish a report by the
Catholic Committee Against Hunger and for Development, which questioned
the origin of the president's wealth.
In addition, on December 28, in a revised ruling, the court
sentenced Talla to a suspended one-year prison term, and a fine of
three million CFA francs ($6,000) for alleged libel against President
Biya, who Talla claimed had betrayed a political pact with former
President Ahidjo.
On June 30, gendarmes of the Djeleng gendarmerie brigade, West
Region, arrested Michel Eclador Pekoua, publisher of the Bafoussam-
based Ouest Echos, on defamation charges due to his April 15 article on
the embezzlement of funds from a local bank. Two persons incriminated
in the article filed a complaint against him.
Security forces in the wake of the February 2008 unrest, acting
under the command of local provincial government officials, restricted
press freedom by arresting, detaining, physically abusing, threatening,
and otherwise harassing journalists. For example, Lewis Medjo,
publisher of La Detente Libre who was arrested in September 2008, was
still detained at year's end. His appeal trial began on December 8.
In September 2008 Michel Mombio, editor of the independent
newspaper L'Ouest Republican, was arrested in Bafoussam and charged
with fraud, attempted blackmail, and libel after he wrote an article
criticizing cabinet officials. On September 8, the Yaounde First
Instance Court held its fourth hearing on the case. The court's ruling
on the case was still delayed at year's end.
Police arrested at least three other journalists reporting on high-
level corruption during the year and detained them under similar
circumstances. In total five journalists were detained during the year.
Radio remained the most important medium and reached most citizens.
There were approximately 70 privately owned unofficial radio stations
operating in the country, three-fourths of them in Yaounde and Douala.
The state-owned CRTV broadcast on both television and radio. Private
radio stations included STV, Canal 2 International, and Sweet FM. There
was one private cable television network, TV+. The government levied
taxes to finance CRTV programming, which allowed CRTV a distinct
advantage over independent broadcasters.
The government required nonprofit rural radio stations to submit an
application to broadcast, but they were exempt from paying licensing
fees. Potential commercial radio and television broadcasters must
submit a licensing application and pay an application fee when the
application is submitted. Once the license is issued, stations must
then pay an annual licensing fee, which was expensive for some
stations. Although the government did not issue new broadcast licenses
during the year, companies operated without them under a government
policy of administrative tolerance.
On August 17, the minister of communication shut down the Yaounde-
based Sky One FM Radio station after the radio refused to stop
broadcasting its most popular program Le Tribunal, which allowed
listeners to air grievances and seek assistance. The minister described
the program as not conforming to the rules of journalism. Despite
protests, the radio station will not receive authorization until it
conforms.
The National Communications Council, whose members were appointed
by the president to review broadcasting license applications, met twice
during the year. In 2008 an official suspended the technical committee
that reviews license applications and stated that it would not
reconvene until the government reopened previously closed media
outlets. Several low-power, rural community radio stations functioned
with funding from the UN Educational, Scientific, and Cultural
Organization and foreign countries. The government prohibited these
stations from discussing politics.
The law permits broadcasting by foreign news services but requires
them to partner with a national station. The BBC, Radio France
International, and Africa1 broadcast in partnership with CRTV.
Television had lower levels of penetration than print media but was
more influential in shaping public opinion. In 2008 the government
closed Radio Equinox for its harsh criticism of the regime. The other
five independent television stations skirted criticism of the
government, although their news broadcasts sometimes focused on
poverty, unemployment, and poor education, pointing to the role of
government neglect and corruption. During the year the National
AntiCorruption Commission organized a seminar on how to convey a
positive image of the country and its rulers. Participants from the
private press argued that no institution should teach them how to
perform their job.
During the year CRTV management continued to instruct staff to
ensure that government views prevailed at all times during their
coverage.
The government was the largest advertiser in the country. Some
private media enterprises reported that government officials used the
promise of advertising (or the threat of withholding it) to influence
reporting of the government's activities.
The government and government officials used strict libel laws to
suppress criticism. These laws authorize the government, at its
discretion and the request of the plaintiff, to criminalize a civil
libel suit or to initiate a criminal libel suit in cases of alleged
libel against the president and other high government officials. Such
crimes are punishable by prison terms and heavy fines. The libel law
places the burden of proof on the defendant. Government officials
abused this law to keep local journalists from reporting on corruption
and abusive behavior.
On January 7, the Douala First Instance Court sentenced Lewis
Medjo, publisher of the Douala-based weekly La Detente Libre, to three
years in jail and a fine of two million CFA francs ($4,000) for
allegedly spreading false news. In September 2008 Medjo was arrested
after he published an article about a presidential decree on judicial
terms of office. On January 9, Reporters Without Borders criticized the
sentence and urged authorities to grant bail. Medjo's appeal trial
began on December 8, with the final ruling expected early in the
following year.
During the year only one government official filed a libel suit
against a journalist. In 2008 seven government officials filed libel
suits against journalists.
On July 13, the Committee to Protect Journalists wrote a letter to
President Biya, expressing concern about ongoing abuses against press
freedom and calling for the president to end such practices.
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 statistics for
2008, approximately 3.8 percent of the country's inhabitants used the
Internet.
Academic Freedom and Cultural Events.--Although there were no legal
restrictions on academic freedom, state security informants reportedly
operated on university campuses. Professors said that participation in
opposition political parties or public discussion of politics critical
of the government could and in some cases had adversely affected their
professional opportunities and advancement.
Unlike in previous years, there were no reported cases of security
officials harassing musical entertainers for singing songs that were
derogatory to government officials.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
government restricted this right in practice. For example, on November
15, the sous-prefet of Yaounde I banned the extraordinary congress of
the People's Socialist Party (PSP) on grounds that the party was
illegal and that such activity would disturb public order. The PSP
president disputed the allegations and stated that he had duly notified
the sous-prefet. He showed the press the notification receipt dated
November 4 from the sous-prefet.
The law requires organizers of public meetings, demonstrations, or
processions to notify officials in advance but does not require prior
government approval of public assemblies and does not authorize the
government to suppress public assemblies that it has not approved in
advance. However, officials routinely asserted that the law implicitly
authorizes the government to grant or deny permission for public
assembly. Consequently, the government often did not grant permits for
assemblies organized by persons or groups critical of the government
and used force to suppress public assemblies for which it had not
issued permits.
Authorities refused to grant the SCNC permission to hold rallies
and meetings, and security forces arrested and detained SCNC activists.
Security forces forcibly disrupted demonstrations, meetings, and
rallies of citizens, trade unions, and political activists throughout
the year. Unlike in the previous year, security forces' use of
excessive force did not result in deaths, although there were numerous
injuries.
On May 22, after several postponements, the Yaounde First Instance
Court sentenced Bernard Njonga and Jean Georges Etele to a suspended
two-month prison term for three years and a fine of 26,500 CFA francs
($53). Njonga, the president of l'Association Citoyenne de Defense des
Interets (ACDIC) and ACDIC member Etele were arrested in December 2008
for disturbing public order and conducting an unauthorized rally.
No action was taken against police who in February 2008 shot and
killed Lovet Ndima Tingha, a meat vendor, while police attacked a crowd
gathered for a march organized by the opposition SDF party.
There also was no action taken against police responsible for the
February 2008 shooting death of Emanual Tantoh, a demonstrator in
Bafoussam, West Region.
There were no new developments in the 2007 case in which a senior
divisional officer and his deputy reportedly shot and killed high
school students Jean Jores Shimpe Poungou Zok and Marcel Bertrand Mvogo
Awono in Abong-Mbang, East Region during a demonstration against a
four-month absence of electricity in the town. The government promised
an investigation.
The trial continued during the year in the 2006 case of four
leaders of the Association for the Defense of Students' Interests, who
were charged with rebellion and disturbance of public order.
Freedom of Association.--The law provides for freedom of
association, but the government limited this right in practice.
The conditions for government recognition of political parties,
NGOs, or associations are arduous, interminable, and unevenly enforced.
The process forced most associations to operate in uncertainty, in
which their activities were tolerated but not formally approved.
The law prohibits organizations who advocate for any type of
secession, leading government officials to disrupt meetings of the SCNC
on the grounds that the purpose of the organization rendered their
meetings illegal.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
The practice of witchcraft is a criminal offense under the law;
however, individuals generally were prosecuted for this offense only in
conjunction with another offense, such as murder. Witchcraft
traditionally has been a common explanation for diseases of unknown
cause.
Societal Abuses and Discrimination.--There were a few reports of
societal discrimination based on religious affiliation, belief, or
practice. Established churches denounced new unaffiliated religious
groups, most of which were Protestant, as ``sects'' or ``cults,''
claiming that they were detrimental to societal peace and harmony. In
practice, such denunciation did not inhibit the practice of the
unaffiliated religious groups.
The Jewish community was very small, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/drl/rls/irf.
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. On
June 1, officers of a Mobile Intervention Unit posted at the Ekona
checkpoint, South West Region, allegedly acting under orders, harassed
and humiliated Ayah Paul Abine, a CPDM parliamentarian from South
Region. Ayah, a dissenting voice in the party, spoke out against a 2008
constitutional amendment to eliminate presidential term limits. Ayah
stated that this was a tactic by the government to limit his movements.
Roadblocks and checkpoints manned by security forces proliferated
in cities and on most highways, where extortion of small bribes and
harassment were commonplace. Police frequently stopped travelers to
check identification documents, vehicle registrations, and tax receipts
as security and immigration control measures. There were credible
reports that police arrested and beat individuals who failed to carry
their identification cards as required by law.
The right to foreign travel was generally respected.
The law prohibits forced exile, and the government did not use it;
however, some human rights monitors and political opponents departed
the country because they considered themselves threatened by the
government, and declared themselves to be in political exile.
Internally Displaced Persons (IDPs).--Approximately 100 persons had
not returned home due to previous violence between the Bali and Bawock
ethnic groups over land disputes and as a result of an attack by the
Oku tribe on the Mbessa tribe.
In 2005 between 10,000 and 15,000 citizens in and around the
Adamaoua Region villages of Djohong and Ngaoui were displaced following
attacks and looting by unidentified armed groups from the Central
African Republic (CAR). Officials from the Adamaoua Region
administration reported that hundreds of IDPs remained.
During the year the government worked with UNHCR to protect and
assist IDPs.
Protection of Refugees.--The country is a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 Protocol
relating to the Status of Refugees. Its 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 also provided temporary protection to certain
individuals who may not qualify as refugees and provided it to
approximately 83,000 refugees, including 62,000 from CAR, 5,000 from
Chad, and 2,971 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. Electoral intimidation,
manipulation, and fraud limited the ability of citizens to exercise
this right in past 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 their 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 some voters. The
government failed to implement some electoral improvements to which it
was committed. For example, despite repeated public assurances, the
government was unable to provide indelible ink--an internationally
recognized safeguard against multiple voting--to many polling stations.
In addition, despite efforts to computerize voter registration, the
lists still included numerous errors.
The Supreme Court received over 130 complaints from political
parties after the elections, but disqualified the majority of them on
technical grounds. However, the court ordered new elections in five
constituencies for 17 parliamentary seats, which were held in 2007; the
CPDM won 13 seats and opposition parties four. Observers noted some
irregularities and low voter turnout.
In July 2008 the government's National Elections Observatory
published its assessment of the 2007 legislative and municipal
elections. The report cited shortcomings due to lack of coordination
between the various electoral commissions and a lack of clear, uniform
procedures for the various stages of the electoral process (especially
the registration process).
In 2004 President Biya, who has controlled the government since
1982, was reelected with approximately 70 percent of the vote in an
election widely viewed as more free and fair than previous elections.
Although the election was poorly managed and marred by irregularities,
in particular in the voter registration process, most international
observers agreed that it reflected the will of the voters. The
Commonwealth Observer Group, however, maintained that the election
lacked credibility.
During its June 2008 electoral session, the National Assembly
passed an amendment to the law that created Elections Cameroon
(ELECAM), extending the deadline for the electoral body's creation from
June to December. On December 30 and 31, the president signed decrees
appointing all the members of ELECAM, including the president and vice
president of the board. 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. However, the government claimed ELECAM could
run an independent election and had begun to hire staff needed to
organize an election by year's end.
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.
The right of citizens to choose their local governments remained
circumscribed. The government greatly increased the number of
municipalities run by presidentially appointed delegates, who have
authority over elected mayors, effectively disenfranchising the
residents of those localities. Delegate-run cities included most of the
provincial capitals and some division capitals in pro-opposition
regions; however, this practice was almost nonexistent in the southern
regions, which tended to support the ruling CPDM party. In
municipalities with elected mayors, local autonomy was limited since
elected local governments relied on the central government for most of
their revenue and administrative personnel.
There were more than 180 registered political parties in the
country. Fewer than 10, however, had significant levels of support, and
only five had seats in the National Assembly. The ruling CPDM held an
absolute majority in the National Assembly; opposition parties included
the SDF, based in the anglophone regions and some major cities. The
largest of the other opposition parties were the National Union for
Democracy and Progress, the Cameroon Democratic Union, and the Union of
the Peoples of Cameroon.
Authorities sometimes refused to grant permission to hold rallies
and meetings.
The government considered the SCNC illegal because it advocates
secession and had never registered as a political party or
organization. During the year security forces preemptively arrested
approximately 102 leaders, members, and supporters of the SCNC to
prevent them from participating in unauthorized political meetings.
For example, on February 23, security forces in Mutenguene, South
West Region, arrested 25 SCNC activists gathered in the residence of
one of their national leaders. Security forces later released them.
On March 21, Bamenda police, North West Region, arrested
approximately 70 SCNC activists who were meeting to discuss the UN's
demarcation of the Cameroon-Nigeria border. The police released them
the following day without charges.
In accordance with provisions of the 2008 penal code, officials
released, pending trial, individuals who were detained for
participating in illegal gatherings of the SCNC.
Women held 23 of 180 seats in the National Assembly, six of 61
cabinet posts, and a few of the higher offices within the major
political parties, including the ruling CPDM.
Pygmies were not represented in the National Assembly or the higher
offices of government.
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 worldwide 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.
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, including juveniles. Political bias by
judges (often instructed by the government) frequently stopped trials
or resulted in an extremely long process with extended court recesses.
Many powerful political or business interests enjoyed virtual immunity
from prosecution and some politically sensitive cases were settled
through bribes.
There were publicized prosecutions of government officials accused
of corruption during the year. Governments officials accused of
corruption were held in separate quarters and received special
treatment. During the year the government sanctioned dozens of
government employees for corruption and mismanagement.
On March 5, Yaounde judicial police arrested and detained Paul
Ngamo Hamani, the former interim administrator of Cameroon Airlines,
for embezzlement of public funds. On March 10, the instructing
magistrate of the Wouri High Court placed Hamani in pretrial detention.
There were no developments by year's end.
On April 15, the Yaounde prosecutor detained Jerome Mendouga, a
former ambassador, for embezzlement in connection with the purchase of
a presidential plane. Mendouga was in pretrial detention in the Yaounde
Kondengui Central Prison at year's end.
In May the government dismissed 106 gendarme officers who used fake
degrees to apply to the gendarmerie corps in 2006.
On August 24, the Yaounde High Court sentenced Norbert Ndong, the
former director of higher education development and former president of
the organizing committee of the higher technician diploma exam, to 10
years' imprisonment and fined him approximately 142 million CFA francs
($284,000) for embezzlement.
On August 26, the Yaounde judicial police arrested and detained
Jean-Baptiste Nguini Effa, the former general manager of the
government-owned National Petroleum Distribution Company, along with
six of his close collaborators, for embezzlement. On the same day, the
police transferred Nguini and his co-accused to Douala, where the
prosecutor placed them in pretrial detention after several
interrogation sessions.
On September 7, the National Assembly lifted the parliamentary
immunity of Dieudonne Ambassa Zang, a CPDM deputy of Mefou and Afamba
Division, Center Region, who was wanted for alleged embezzlement during
his tenure as minister of public works. Ambassa Zang had not been
arrested by year's end and was believed to have fled the country.
In March 2008 police arrested and detained Paulin Abono Moampamb, a
former secretary of state and mayor of Yokadouma, a small town in East
Region, for embezzlement of public funds. Moampamb was placed in
pretrial detention, awaiting trial at year's end.
Also in March 2008 police arrested and detained Polycarpe Abah
Abah, a former minister of finance, and Urbain Olanguena Awono, a
former minister of public health, for embezzlement. The two men were
placed in pretrial detention, awaiting trial at year's end.
In August 2008 police arrested and detained Jean Marie Atangana
Mebara, a former minister of state and secretary general of the
presidency, for corruption and embezzlement. Mebara was in detention
awaiting trial at year's end.
There were new developments in the following 2008 high profile
corruption case:
On June 11, the Douala Court of Appeals sentenced Alphonse Siyam
Siwe and two other defendants for life imprisonment on embezzlement;
the lower court had previously issued 30-year sentences. Among others
accused in the case, one was sentenced to 25 years' imprisonment, eight
to 15 years', and one to one year. In addition, the court reversed the
Wouri Higher Courts' acquittal of seven defendants and sentenced six to
15 years' imprisonment and one to one year.
The constitution and law require senior government officials,
including members of the cabinet, to declare their assets; however the
president had not issued the requisite decree by year's end.
There are no laws providing citizens with access to government
information, and such access was difficult to obtain. Most government
documents, such as statistics, letters exchanged between various
administrations, draft legislation, and investigation reports, were not
available to the public or the media.
Section 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 findings on human rights cases; however, government
officials repeatedly impeded the effectiveness of local human rights
NGOs during the year by harassing their members, limiting access to
prisoners, refusing to share information, threatening violence, and
using violence against NGO personnel.
Despite these restrictions, numerous independent, domestic human
rights NGOs operated in the country, including the National League for
Human Rights, the Organization for Human Rights and Freedoms, the
Association of Women against Violence, the Movement for the Defense of
Human Rights and Freedoms, and the Cameroonian Association of Female
Jurists. The government collaborated with domestic NGOs to address
child labor, women's rights, and trafficking in persons.
In February 2008 the Douala antiriot police arrested, beat, dragged
on the floor, and stripped naked Aicha Ngo Eheg, a human rights
activist with ``Cri des Femmes,'' a Douala-based human rights group.
Ngo Eheg, along with other demonstrators, had gathered in the Douala
neighborhood of Bepanda to march against constitutional reform.
According to Ngo Eheg's public statement, the police targeted her
because she tried to stop them from harassing a young demonstrator. At
year's end Ngo Eheg had not decided whether to file a complaint against
the police.
A prominent human rights organization in Yaounde also reported that
security forces ransacked its offices during the February 2008 unrest.
On February 4, the vice prime minister and minister of justice
reiterated the government's commitment to respond positively to any
requests that would help improve human rights in the country. The
government cooperated with international governmental organizations and
permitted visits by UN representatives and other organizations such as
the ICRC; however, in September the government denied visas to an
Amnesty International (AI) team. The visa denials occurred after the
August 12 release of the annual AI report, which sharply criticized
arbitrary arrest and detention and other human rights violations.
Although AI was granted visas in November, a visit had not occurred by
year's end.
While the NCHRF remained hampered by a shortage of funds, during
the year it conducted a number of investigations into human rights
abuses, visited prisons, and organized several human rights seminars
for judicial officials, security personnel, and other government
officials. In December 2008 the commission launched a program to teach
human rights in primary and secondary schools. 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.
The National Assembly's Constitutional Laws, Human Rights and
Freedoms, Justice, Legislation, Regulations, and Administration
Committee is charged with reviewing any human rights-related
legislation the government submits for consideration. During its March
session, the president signed the Protocol to the African Charter on
Human and People's Rights on the Rights of Women in Africa as well as a
bill to organize legal aid.
In October the Ministry of Justice published its own 2008 human
rights report which focused primarily on enumerating government actions
to address human rights issues, such as judicial and disciplinary
action taken against corrupt officials.
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, trafficking in persons, and
discrimination against ethnic minorities and homosexuals were problems.
Women.--The law criminalizes rape, excluding spousal rape, although
police and the courts rarely investigated and prosecuted rape cases.
The media reported only 14 rape cases during the year; few of those
resulted in arrests. Due to social taboos associated with sexual
violence, many rapes went unreported. On June 28, the German Agency for
International Cooperation, in collaboration with local NGOs, launched a
national campaign against rape. The campaign followed the release of a
study that reported the rapes of hundreds of thousands of young girls
and women between 1970 and 2008.
The law does not specifically prohibit domestic violence, although
assault is prohibited and is punishable by prison terms and fines. In
December 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
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. On March 6, International Women's
Day, the newspaper Cameroon Tribune published a special report on the
various aspects of violence against women. The report covered FGM,
which the government and civil society partners were trying to address
for total eradication, physical assaults by husbands, which were
numerous and which would require passing specific legislation, and
psychological violence, which was mostly linked to women's economic
dependency.
Unlike in the previous year, NGOs did not lead public awareness
campaigns to combat breast ironing during the year, a practice
conducted by female family members.
While the law prohibits prostitution, it was tolerated and
practiced predominantly in urban areas and places frequented by
tourists.
While the law prohibits sexual harassment, very few cases were
reported or prosecuted during the year. The government did not conduct
any public education campaigns on the subject and there were no
statistics available on its occurrence.
Despite constitutional provisions recognizing women's rights, women
did not enjoy the same rights and privileges as men. Some points of
civil law were prejudicial to women. The Ministry of Women's
Empowerment and the Family worked with other government agencies to
promote the legal rights of women.
In rural areas of the northern regions, 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. For several years the Ministry of Public Health had been
producing 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.
The law allows a husband to oppose his wife's right to work in a
separate profession if the protest is made in the interest of the
household and the family; a husband may also end his wife's commercial
activity by notifying the clerk of the commerce tribunal of his
opposition based upon the family's interest.
Customary law is far more discriminatory against women, since in
many regions a woman traditionally was regarded as the property of her
husband. Because of the importance attached to customs and traditions,
civil laws protecting women often are not respected.
Children.--Citizenship is derived from parents' nationality. It is
the parent's, not the government's, 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.
The law provides for a child's right to education. Schooling was
mandatory through the age of 14 and free in public primary schools.
Since parents had to pay uniform and book fees for primary school, and
because tuition and other fees for secondary education remained costly,
education was largely unaffordable for many children. The government
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 released
during the year, 77.31 percent of girls between the ages of six and 14
were enrolled in primary school, compared to 88.34 percent of boys in
the same age group. According to a 2006 report from the presidency the
secondary school enrollment ratio was 38.1 percent for boys and 37.1
percent for girls.
The low school enrollment rate, especially for girls, continued to
be attributed to high costs, socio-cultural prejudices, early marriage,
sexual harassment, unwanted pregnancy, and domestic chores.
The extent of child abuse was not known, although children's rights
organizations targeted the problem. Newspaper reports often cited
children as victims of kidnapping, mutilation, and even infanticide.
Several press stories reported children being raped between the ages of
two and 15-years-old.
In March a 27-year-old young man raped his three-year-old niece, in
the Yaounde neighborhood of Obobogo. As the girl was rushed to the
hospital, gendarmes, who had been alerted by the family, arrested the
young man. He was detained, pending trial at year's end.
On August 9, a 17-year-old girl was raped by three of her brother's
friends in the Yaounde neighborhood of Nkolndongo. The three, who
escaped the crime scene, were subsequently arrested, and were in
custody, awaiting trial.
There were several credible stories of mothers (usually young,
unemployed, and unmarried) abandoning their newborns in streets,
garbage cans, and pit toilets.
The law does not prohibit FGM, which was practiced in isolated
areas of the Far North, East, and Southwest regions.
Internal migration contributed to the spread of FGM to different
parts of the country. The majority of FGM procedures were
clitorectomies. The severest form of FGM, infibulation, was performed
in the Kajifu region of the Southwest Region. FGM usually was practiced
on infants and preadolescent girls. Public health centers in areas
where FGM was frequently practiced counseled women about the harmful
consequences of FGM; however, the government did not prosecute any
persons charged with performing FGM. In February, the new Prefet of
Kousseri, Logone and Chari Division, Far North Region, upon hearing of
20 young girls who underwent FGM in January, publicly stated that he
would chase down the perpetrators.
On February 5, the second International Day against FGM, the
minister of women's empowerment and the family organized a ceremony for
FGM victims and their families as well as for female and male FGM
``doctors'' from around the country. The doctors, who had been educated
about the harmful effects of FGM, publicly declared their decision to
abandon the FGM ``business'' and called upon their colleagues to also
stop and to work to better the lives of young girls and women. The
``doctors'' received equipment to start new occupational activities,
including tailoring and agriculture. The minister insisted on the need
for citizens to celebrate the day and encouraged women and men to work
together to eradicate FGM. She also reiterated the government's
commitment to fulfill the president's promise to address FGM.
While the minimum legal age for a woman to marry is 15, many
families facilitated the marriage of young girls by the age of 12.
Early marriage was prevalent in the northern regions of Adamaoua,
North, and particularly the remote Far North Region, where many girls
as young as nine faced severe health risks from pregnancies. There were
no statistics on the prevalence of child marriage.
Although exact numbers were unavailable, the country had a
significant number of displaced or street children, most of whom
resided in urban areas such as Yaounde and Douala.
On April 16, the committee heading the Project to Fight the
Phenomenon of Street Children, which was established in January 2008,
held its second meeting. The committee reported that between January
and April 35 new street children had been identified. The program
gathered information on street children, offered psycho-social care,
and bolstered the intake capacities of specialized centers.
Approximately 2,000 children lived in the streets of the major
urban centers of the country. In April and May 2008, a census conducted
in Yaounde and Douala showed that 155 street children lived in Yaounde,
and 280 street children lived in Douala. In May 2008 the minister of
social affairs launched the operation designed to return 150 children
to their families. In December 2008 she revealed that the operation
made it possible for 119 out of the 435 children identified in Yaounde
and Douala to return home.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons, and there were reports that persons were
trafficked to, from, and within the country. The law criminalizes child
trafficking and slavery and prohibits prostitution, forced labor, and
other crimes related to trafficking in persons.
A 2000 International Labor Organization (ILO) study conducted in
Yaounde, Douala, and Bamenda, reported that trafficking accounted for
84 percent of child laborers in those three cities. Local NGOs believed
this statistic was still accurate. In most cases, intermediaries
presented themselves as businessmen, approaching parents with large
families or custodians of orphans and promising to assist the child
with education or professional training. The intermediary paid parents
an average of 6,000 CFA ($12) before transporting the child to a city
where the intermediary would subject the child to forced labor with
little remuneration. In four out of 10 cases the child was a foreigner
transported to the country for labor. The report also indicated that
the country was a transit site for regional traffickers, who
transported children from Nigeria, Benin, Niger, Chad, Togo, the
Republic of the Congo, and the CAR for indentured or domestic
servitude, farm labor, and sexual exploitation. Citizens also were
trafficked to South Africa. Children from Mali were trafficked to the
country by religious instructors for forced begging. Both boys and
girls were trafficked within the country for forced labor in
sweatshops, bars, restaurants, on tea and cocoa plantations, in mines,
and for street vending and possibly for forced begging.
Women and children traditionally have faced the greatest risk of
trafficking generally for sexual exploitation and forced labor. Most
trafficking in children occurred within the country's borders, while
most trafficked women were transported out of the country. According to
anecdotal evidence from the NCHRF, women frequently were ``hired'' into
hubs of prostitution, often in Europe. The method for trafficking women
usually involved a marriage proposition by a foreign businessman. Women
were often inducted into servitude upon arrival at a foreign
destination. Credible reports indicated that traffickers used
trafficking victims to recruit additional victims. Girls were
internally trafficked from the Adamaoua, North, Far North, and
Northwest regions to Douala and Yaounde to work as domestic servants,
street vendors, or prostitutes.
The law provides that any person who engages in crimes associated
with trafficking in persons shall be punished by prison terms of six
months to 20 years.
Although statistics were unavailable because traffickers could be
prosecuted under various sections of the penal code, the government
reportedly prosecuted trafficking cases during the year. On March 23,
gendarmes from the Bamenda Gendarmerie Legion in the North West Region
arrested a trafficker who was caught transporting five children to the
Center Region to work on a cocoa farm. The trafficker was detained in
the Bamenda prison pending trial. In January 2008 gendarmerie in the
North West Region arrested three traffickers transporting seven
children between the ages of 12 and 17 to the Center Region to work as
forced laborers. The case was pending in the Bamenda court at year's
end.
The Ministry of Labor and Social Insurance (MINLESI) is primarily
responsible for fighting trafficking; however, the ministry was
severely underfunded. The Minors Brigade was also responsible for
investigating child trafficking.
The government continued to fight trafficking through the use of an
interagency committee and a program to find and return trafficked
children. In addition, the government cooperated with the governments
of Gabon, Nigeria, Togo, and Benin to fight trafficking through the
exchange of information and preparation of common legislation on
trafficking. The Interpol office in the country also played a
significant role in the government's antitrafficking actions.
The government continued to work with local and international NGOs
to provide temporary shelter and assistance to victims of trafficking.
On July 22, Catholic Relief Services (CRS) launched a project to fight
child trafficking in the North West Region. CRS had previously worked
with the North West Region branch of the Justice and Peace Committee of
the Episcopal Conference of Cameroon to survey the extent of
trafficking in the region. CRS also worked to combat corruption in
local schools that led to child prostitution. UNICEF was also actively
engaged in combating girls' prostitution throughout the year.
The government continued to build awareness among local government
and security officials in the areas where trafficking was an issue.
Antitrafficking information, education campaigns, and antitrafficking
spots were broadcast on government radio and television. The government
monitored immigration and emigration patterns for evidence of
trafficking. Frontier police at airports, borders, and ports reported
stopping many trafficking cases but did not provide details regarding
specific cases.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law provides certain rights to
persons with disabilities, including access to public buildings,
medical treatment, and education, and the government was obliged to
provide part of the educational expense of persons with disabilities,
to employ them where possible, and to provide them with public
assistance when necessary. Access to public secondary education is free
for persons with disabilities and children born of parents with
disabilities. In practice, there were few facilities for persons with
disabilities and little public assistance; lack of facilities and care
for persons with mental disabilities was particularly acute. Society
largely tended to treat those with disabilities as outcasts, and many
felt that providing assistance was the responsibility of churches or
foreign NGOs.
National/Racial/Ethnic Minorities.--The population consists of more
than 200 ethnic groups, among which there were frequent and credible
allegations of discrimination. Ethnic groups commonly gave preferential
treatment to fellow ethnic group members in business and social
practices. Members of the president's Beti/Bulu ethnic group from
southern parts of the country held key positions and were
disproportionately represented in the government, state-owned
businesses, the security forces, and the ruling CPDM party. The
minister of defense, the delegate general for national security, and
the minister of posts and telecommunications were all from the South
Region.
In July 2008, in Akonolinga, Center Region, several persons were
injured and killed in ethnically motivated violence. The violence
occurred when a soccer team from the city of Dschang, Menoua Division,
West Region, a region predominated by ethnic Bamilekes, defeated the
local soccer team. Members of the Yebekolo tribe sought out and beat
ethnic Bamilekes in Akonolinga. The government investigated the
incident and arrested 40 persons. On June 16, the Akonolinga High Court
held the first hearing on the case. However, the judge continued to
postpone the trial as the lawyers failed to show up and the prosecutor
failed to bring exhibits to the court. The 40 persons were still
detained at year's end.
In 2008 there were reports that Alhadji Baba Ahmadou Danpullo, a
wealthy businessman with ties to the government, deceived M'Bororo
women into sexual situations, forcibly displaced the M'Bororo and
seized their land and cattle, and used his money and influence with the
government to order the beating and false imprisonment of members of
the M'Bororo.
The commission established in 2007 to demarcate the borders between
the Oku and the Mbessa tribes in both Bui and Boyo divisions in the
North West Region began work in 2008 and continued its action during
the year.
In 2007 the Bui Oku burned dozens of Mbessa houses, displacing more
than 500 persons. The Oku claimed that the Mbessa were farming on their
land. They also accused them of having caught and raped Oku women, a
charge disputed by local authorities. Local territorial command
officials reported that the investigation, although ongoing at year's
end, was complicated by the allegations that traditional rulers
threatened potential witnesses. The government continued efforts to
settle the dispute.
Northern areas of the country continued to suffer from ethnic
tensions between the Fulani (or Peuhl) and the Kirdi. The Kirdi
remained socially, educationally, and economically disadvantaged
relative to the Fulani in the three northern regions.
Traditional Fulani rulers, called Lamibe, continued to wield great
power over their subjects, often including Kirdi, sometimes subjecting
them to tithing and forced labor. Isolated cases of slavery were
reported, largely Fulani enslavement of Kirdi. For example, many Fulani
considered themselves rich and ``hired'' Kirdi to perform tasks that
the Fulani think are menial and beneath them.
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 was underrepresented in the public
sector. Although citizens in certain francophone areas--the East, Far
North, North, and Adamaoua Regions--voiced similar complaints about
under-representation and government neglect, anglophones said they
generally believed that they had not received a fair share of public
sector goods and services within their two regions. Some residents of
the anglophone region sought greater freedom, equality of opportunity,
and better government by regaining regional autonomy rather than
through national political reform, and have formed several quasi-
political organizations in pursuit of their goals.
Police and gendarmes subjected illegal immigrants from Nigeria and
Chad to harassment and imprisonment. During raids, members of the
security forces extorted money from those who did not have regular
residence permits or who did not have valid receipts for store
merchandise. Some members of the country's large community of Nigerian
immigrants complained of discrimination and abuse by government
officials. Illegal immigrants were subject to harassment on some
occasions, although at a lower level than in previous years, mainly due
to the DGSN who adopted a zero tolerance policy regarding harassment by
his officers.
Indigenous People.--An estimated 50,000 to 100,000 Baka, Bakola,
and Bagyeli (Pygmies) primarily resided (and were the earliest known
inhabitants) in the forested areas of the South and East regions. While
no legal discrimination exists, other groups often treated the Baka as
inferior and sometimes subjected them to unfair and exploitative labor
practices. Baka reportedly continued to complain that the forests they
inhabit were being logged without fair compensation. Some observers
believed that sustained logging was destroying the Baka's unique,
forest-oriented belief system, forcing them to adapt their traditional
social and economic systems to a more rigid modern society similar to
their Bantu neighbors.
The government has increased efforts, such as education about birth
certificates, national identity cards, and construction of school and
health care facilities, to facilitate an easier transition to modern
day society for pygmies who are interested in adapting while also
preserving important aspects of their culture.
Local Baka along the path of the Chad-Cameroon pipeline continued
to complain that they were not compensated fairly for their land or had
been cheated by persons posing as Baka representatives. In 2006 the
committee in charge of the follow-up on the pipeline organized an
evaluation seminar to determine compensation for the Bakola and
Bagyeli. The committee agreed that despite improved access to education
and healthcare, much remained to be done to improve living conditions
for the pygmies. No further developments were reported during the year.
In October 2008 the Fondation Camerounaise d' Actions Rationalisees et
de Formation sur l' Environnement conducted a study in 28 villages in
the Center and South regions that confirmed the pygmies' complaints
(Kribi Region) that they had not yet been fully compensated. The final
conclusions of the study were not released by year's end.
An estimated 95 percent of Baka did not have national identity
cards; most Baka could not afford to provide the necessary
documentation to obtain national identity cards, which were required to
vote in national elections. In 2005 the Ministry of Social Affairs
launched the Project to Support the Economic and Social Development of
Bakas in South Region. The mission of the project was to allow the
issuance of birth certificates and national identity cards to 2,300
Bakas, as well as to help register hundreds of students in school. On
August 14, the regional coordinator of the National Program for
Participative Development, the implementing agency, revealed that they
were able to assist with 2,000 birth certificates and approximately
1,000 national identity cards. The program was ongoing at year's end.
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 ($40 to $400). Homosexual
persons generally kept a low profile because of the pervasive societal
stigma, discrimination, and harassment as well as the possibility of
imprisonment.
Authorities prosecuted at least two persons under this law during
the year. Homosexual persons suffered from harassment and extortion by
law enforcement officials. False allegations of homosexuality were used
to harass enemies or to extort money.
On September 14, the instructing magistrate of the Wouri High Court
in Douala ordered the release of Yves Noe Ewane for lack of evidence,
after he had spent four months in jail. The police arrested Ewane on
May 4, and on May 19, the prosecutor placed him under pretrial
detention on homosexuality charges.
On November 10, the Douala police arrested Alain Nje Penda on
homosexuality charges. He remained in jail awaiting trial at year's
end.
In 2007 the Bonanjo High Court refused to release six Douala men
held in New Bell Prison on charges of homosexuality. In January 2008
the judge held the first hearing on the case but adjourned it pending
further discovery. There were no further developments on the case by
year's end.
Several lesbian, gay, bisexual, and transgender organizations
operated in the country. However, there were no reports of
discrimination based on sexual orientation in employment, housing,
access to health care, or education.
Other Societal Discrimination.--Persons 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. The law does not permit the creation of a union that
includes both public and private sector workers, or the creation of a
union that includes different, even closely related, sectors.
The law requires that unions register with the government,
permitting groups of no less than 20 workers to organize a union by
submitting a constitution, bylaws, and non-conviction certifications
for each founding member. The law provides for prison sentences and
fines for workers who form a union and carry out union activities
without registration. Government officials 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 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 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. Arbitration decisions are legally
binding, but often unenforceable when the parties refuse to cooperate.
It was not uncommon for such decisions to be overturned or simply
ignored by the government or employers. The provision of the law
allowing persons to strike does not apply to civil servants, employees
of the penitentiary system, or workers responsible for national
security. Instead of strikes, civil servants were required to negotiate
grievances directly with the minister of the appropriate department in
addition to the minister of labor.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for collective bargaining between workers
and management as well as between labor federations and business
associations in each sector of the economy.
On January 28, the minister of labor and social insurance presided
over the signing of a collective bargaining agreement between the
graphic arts sectors. In May the minister of labor and social insurance
presided over the signing of a collective bargaining convention for the
agricultural sector.
When labor disputes arose, the government chose the labor union
with which it would negotiate, selectively excluding some labor
representatives. Once agreements were negotiated, there was no
mechanism to enforce implementation; some agreements between the
government and labor unions were ignored by the government.
For example, in December transportation unions expressed their
disappointment at the government because it did not fulfill all the
promises (lower gas prices, terminate police and gendarme harassment of
transporters on the roads) that it made following the February 2008
strikes. Unions' threats to launch a nationwide strike encouraged the
government to negotiate again, with new commitments.
The constitution and law prohibit antiunion discrimination, and
employers guilty of such discrimination were subject to fines of up to
approximately one million CFA ($2,000). However, employers found guilty
were not required to compensate workers for discrimination or to
reinstate fired workers. The MINLESI did not report any complaints of
antiunion discrimination during the year, although there were credible
press reports of harassment of union leaders.
In January Madeleine Nkoulou, a nurse under contract and a leader
of the National Union of Medical and Health Services Employees, was
dismissed from her job at the Regional Hospital of Ebolowa, South
Region, because she was active in organizing a strike. She filed a
complaint with the MINLESI, and had not received a response by year's
end.
The law provides for industrial free zones 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. Prison
authorities arranged for prison inmates to be contracted out to private
employers or used as communal labor for municipal public works. Money
generated from these activities was usually pocketed by prison
administrators and not given to detainees.
Hereditary servitude occurred in the Northern regions. 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 hereditary servitude by former slaves in some chiefdoms in
the North Region. For example, there were reports that the Lamido (the
traditional Muslim chief) of Rey Bouba in the North Region had
hereditary servants inside his compound. Although the Lamido was
replaced by his son in 2004, the hereditary servants remained,
reportedly by choice for cultural reasons.
In the South and East regions, some Baka, including children,
continued to be subjected to unfair and exploitative labor practices by
landowners, including forced work on the landowners' farms during
harvest seasons without payment.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law generally protects children from exploitation in the workplace and
specifies penalties ranging from fines to imprisonment for
infringement; however, child labor remained a problem. The government
specifically prohibits forced and compulsory labor by children, but
there were reports that it occurred in practice.
The law sets a minimum age of 14 for child employment, bans night
work, and enumerates tasks that children under the age of 18 cannot
legally perform. These include moving heavy objects, dangerous and
unhealthy tasks, working in confined areas, and prostitution. The law
also states that a child's work day cannot exceed eight hours.
Employers were required to train children between the ages of 14 and
18, and work contracts must contain a training provision for minors.
The prohibition against night work was not effectively enforced.
Child labor existed chiefly in urban areas. In the informal sector,
children worked as street venders, car washers, and engaged in
agricultural work and domestic service such as working on tea, banana,
and palm oil plantations. 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.
There were reports that some parents gave their children to
``marabouts'' (traditional religious figures) in Maroua in the Extreme
North, to learn the Koran and 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. According to some NGOs, the cocoa industry also
employed child laborers. These children originated, for the most part,
from the three northern and the North West regions.
The Ministry of Social Affairs and MINLESI were responsible for
enforcing existing child labor laws through site inspections of
registered businesses; 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 to investigate child labor cases.
The ILO continued to work with specific contact persons in various
ministries and agencies involved in antitrafficking activities; it also
conducted nationwide investigations and cooperated with local
organizations.
e. Acceptable Conditions of Work.--In June 2008 the government
increased the minimum wage in all sectors to 28,246 CFA ($56) per
month. However, the minimum wage did not provide for a decent standard
of living for an average worker and family. MINLESI was responsible for
enforcing the minimum wage nationally.
The law establishes a standard workweek of 40 hours in public and
private nonagricultural firms and 48 hours in agricultural and related
activities. There are exceptions for guards and firemen (56 hours a
week), service sector staff (45 hours a week), and household and
restaurant staff (54 hours a week). The law mandates at least 24
consecutive hours of weekly rest. Premium pay for overtime ranges from
120 to 150 percent of the hourly pay depending on amount and whether it
is for weekend or late-night overtime. There is a prohibition on
excessive compulsory service. MINLESI inspectors were responsible for
monitoring these standards; however, they lacked the resources for a
comprehensive inspection program.
The government sets health and safety standards. MINLESI inspectors
and occupational health physicians were responsible for monitoring
these standards; however, they lacked the resources for a comprehensive
inspection program. On April 28, during a commemoration of the 13th
African Day for the Prevention of Professional Risks and the 6th World
Day for Security and Health at Work, the minister of labor and social
security expressed concern that work-related accidents were on the
rise. On September 22, 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 508,600, 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 National Electoral
Commission also declared the 2006 nationwide legislative elections
generally free and fair. Although civilian authorities generally
maintained effective control of the security forces, there were some
instances in which elements of the police forces committed abuses
against detainees.
The government generally respected the human rights of its
citizens; however, problems were reported in some 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.--Prison conditions were
poor, and facilities were severely overcrowded. Sanitation and medical
assistance were poor; however, doctors and nurses were available, and
prisoners were taken to public hospitals for serious medical problems.
Psychological problems among prisoners were common.
During the year there were no known deaths in prison from adverse
conditions. There were a total of approximately 1,300 prisoners and
detainees in the country's eight prisons. The maximum capacity of
Praia's prison is 800 prisoners.
In prisons juveniles were sometimes held together with adults in
certain facilities, but pretrial detainees generally were held
separately from convicted prisoners.
In December 2008 a fellow prisoner alleged to be a professional hit
man 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 the Sao Martinho Prison in the
capital city of Praia in which one prisoner was killed and three
persons (including a guard) injured was pending final resolution. The
prison director, 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.
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.
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.
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.
Corruption was not a significant problem.
Police abuses were investigated internally, and these
investigations resulted occasionally in legal action against the
perpetrators. During 2008 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 his or her 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 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.
The judicial system is composed of the Supreme Court of Justice
(SCJ), which is the court of last resort and also handles
administrative cases, and the regional courts. The National Assembly
amended the constitution in February to increase the number of Supreme
Court judges from five to seven with a view to expediting the
resolution of cases. Of the seven Supreme Court judges, one is
appointed by the president, two by the National Assembly, and four by
the Superior Judiciary Council. Judges are independent and may not
belong to a political party. Regional courts adjudicate minor disputes
on the local level in rural areas. The civilian courts have
jurisdiction over state security cases. Criminal courts handle
violations of criminal law, including the electoral laws, while civil
courts handle civil and commercial suits. There is also a military
court; it cannot try civilians. The military court provides the same
protections as civil criminal courts.
Trial Procedures.--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 are presumed to be innocent until proven
guilty, 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 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.
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 freedom of assembly and association, and the
government generally respected these rights.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right.
Societal Abuses and Discrimination.--There was no known Jewish
community, and there were no reports of anti-Semitic acts or
discrimination against members of any religious group.
At the end of the year the SCJ had not issued a decision in the
2006 case against four Seventh-day Adventists accused of desecrating a
Roman Catholic Church.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and laws provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
assisting refugees and asylum seekers.
The constitution and law prohibit forced exile, and the government
did not employ it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
government has established a system for providing protection to
refugees. The country is also a party to the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. 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.
During the year the government provided temporary protection to 11
individuals who may not qualify as refugees under the 1951 convention
and 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 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 (PAICV) 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.
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
Official corruption carries a criminal penalty of up to 15 years'
imprisonment. There were no new reports of government corruption during
the year, but the World Bank's 2008 Worldwide Governance Indicators
reflected that government corruption was a 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.
There were several private, independent human rights groups,
including the National Commission of the Rights of Man, the Ze Moniz
Association, and the Alcides Barros Association.
The government has a positive attitude towards international NGOs.
In November the International Labor Organization (ILO) sent an expert
to provide training on constitutional obligations related to reporting
requirements under ratified ILO conventions.
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
ensured 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. The 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.
Prostitution is legal, except for prostitution of minors, and the
government generally did not enforce that prohibition. Sex tourism was
a growing problem, and there are no laws to address it.
Sexual harassment was common and not culturally perceived as a
crime. It is prohibited by law with a penalty of one year in prison,
but the government did not effectively enforce this law.
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 in cases of sexually transmitted infections, 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 aged six to 12. Education was compulsory until age 11;
however, secondary education was free only for children whose families
had an annual income below 147,000 escudos (approximately $1,950).
There was a 94 percent primary education enrollment rate for all
children; the enrollment rate in secondary school for all children was
70 percent.
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 tend to work at the behest of
their families, and that child labor on the islands is intimately
linked to the need to supplement family income. It is believed,
however, that the vast majority of these children performed work
outside of school hours and attended school.
Trafficking in Persons.--The law prohibits trafficking in minors,
but not adults, and there were reports that persons were trafficked to
and from the country. Police reports alleged that the country was a
transit point for trafficking in persons from West African countries to
the Canary Islands and to Europe. However, there was no additional
reported evidence to support these reports.
Sentences for trafficking in children range from 12 to 16 years'
imprisonment. There were no prosecutions of such cases during the year.
The Ministry of Justice and the Ministry of Internal Administration are
responsible for combating human trafficking. The government did not
extradite citizens who were accused of human trafficking in other
countries.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, and the
government effectively enforced these provisions. There are no laws or
programs to ensure access to buildings for persons with disabilities.
Several NGOs, including an association for the blind, actively
advocated for the rights of persons with disabilities.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Legal protections helped
ensure homosexual conduct was protected under the law; however,
societal discrimination based on sexual orientation or gender identity
continued to be a problem. There were no lesbian, gay, bisexual, or
transgender persons' NGOs 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.
Approximately 22 percent of workers were unionized. 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.
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
new labor code was approved in 2008, which lowered the legal minimum
age for employment from 16 to 15 years. The code also states children
under 15 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, to create an action plan to prevent children from entering
exploitive work situations, and to encourage children engaged in such
labor to stop.
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 the sector--the minimum is 12 hours.
While large employers generally respected these regulations, many
domestic servants and agricultural laborers worked longer hours.
The director general of labor conducted sporadic inspections to
enforce the labor code and imposed fines on private enterprises that
were not in conformity with the law. 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 does provide
workers with the right to remove themselves from situations that
endanger health or safety without jeopardizing their continued
employment.
__________
CENTRAL AFRICAN REPUBLIC
The Central African Republic (CAR) is a constitutional republic
whose population of approximately 4.3 million is governed by a strong
executive branch and weak legislative and judicial branches. Armed
forces Chief of Staff General Francois Bozize seized power in a
military coup in 2003. Elections in 2005 resulted in Bozize's election
as president. National and international observers judged the elections
to be generally free and fair despite some irregularities. Fighting
between factions of armed groups, as well as between armed groups and
government security forces, increased, and much of the northwestern,
northeastern, and extreme southeastern parts of the country remained
outside of government control. Banditry remained a serious threat to
civilians throughout the northern prefectures. Civilian authorities did
not maintain effective control over the security forces.
The government's human rights record remained poor. Government
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 military;
harsh and life-threatening conditions in prisons and detention centers;
arbitrary arrest and detention, prolonged pretrial detention, denial of
fair trial; official corruption; occasional intimidation and
restrictions on the press; and restrictions on freedom of movement and
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 security
forces, armed bandits, and armed groups. Sporadic fighting between
government forces and armed groups continued to internally displace
persons and increase the number of refugees.
Armed groups, some of which were unidentified, continued to kill,
beat, and rape civilians and loot and burn villages in the north. Armed
groups kidnapped, beat, raped, and extorted money from local
populations. There were reports of children as young as 12 serving as
fighters in armed groups.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents killed members of opposing
political groups, but soldiers, particularly the presidential security
forces (presidential guard), killed civilians they suspected of being
road bandits or supporting armed groups. Both government security
forces and armed groups 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.
On February 5, Lieutenant Olivier Koudemon, alias Gbangouma, and
two other members of the presidential guard confronted Commissioner of
Police Daniel Sama over the commissioner's right to carry a firearm in
Bangui while off duty. An altercation ensued and the commissioner was
beaten to death. The permanent military tribunal (PMT) heard the case
in April and found sufficient grounds to try the three. At year's end,
Gbangouma and the other two remained free. No additional information
was available.
The Central Office for the Repression of Banditry (OCRB) comprises
a special antibanditry police squad and an investigative and
intelligence service operated by the Ministry of Defense in and around
Bangui. It continued to commit extrajudicial killings. For example, on
April 9, OCRB officers detained suspected thieves Maxime Banga and Adam
Demori and transported them to OCRB headquarters. An OCRB unit
subsequently took them to an unknown destination. By 6 p.m. that day,
the corpses of Banga and Demori were left at the mortuary of Bangui
community hospital. Authorities took no action against those
responsible.
In April the PMT, which is responsible for adjudicating crimes
allegedly committed by military personnel, ruled on 27 of the 33 cases
involving military service members arrested for crimes from murder to
desertion and theft of military equipment.
On June 25, a gendarme and a member of the Research and
Investigation Services (SRI) struck and killed a local butcher in the
PK 12 market of Bangui. By year's end, neither had been tried.
There were no reports of the government prosecuting any OCRB
personnel for killings committed in 2008 or 2007.
There were no developments in the case of presidential guard member
Boris Namsene, who shot and killed five persons in April 2008 in Bangui
before his apparent murder three days later.
Armed bandits have contributed to instability for many years and
continued to kill civilians. In the central part of the country, armed
groups known as ``zaraguinas'' engaged in widespread kidnappings, at
times killing family members of individuals who could not or would not
pay ransom. Although information about these armed groups and highway
bandits was difficult to obtain, aid workers and UN officials described
them as a combination of common criminals and remnants of insurgent
groups from the recurring conflicts in the region.
In December 2008 Nganatouwa Goungaye Wanfiyo, a leading human
rights activist and one of the lawyers for the victims in the
International Criminal Court (ICC) proceedings against Congolese
politician and armed group leader Jean-Pierre Bemba, died in an
automobile collision near Sibut. While there was no evidence of murder,
at least one nongovernmental organization (NGO) said it believed that
the incident was not an accident, and several NGOs called for an
investigation regarding the manner in which the authorities handled the
accident. No investigation had begun by year's end.
Civilians reportedly continued to kill persons suspected of being
sorcerers or witches during the year.
An international NGO reported that on June 20, members of the armed
group Popular Army for the Restoration of the Republic (APRD) tortured
a man near Kaga Bondoro accused of bewitching his nephew. Under
torture, the man named two other individuals whom he said helped him
bewitch his nephew. The APRD subsequently arrested the two individuals
and beat them to death. At year's end, the man who was originally
tortured was awaiting trial on charges of witchcraft. Authorities had
taken no action against those responsible for the two men's deaths.
In June several members of the UN Human Rights Council's (UNHRC's)
Working Group on the Universal Periodic Review (UPRWG) expressed
concern over mob killings of so-called witches and the arrest of
persons accused of alleged witchcraft. They recommended that the
government remove witchcraft from the list of crimes under the penal
code, launch a campaign against violence against perceived witches, and
protect victims of such attacks. However, a new penal code adopted in
September retained clauses criminalizing witchcraft.
On April 12, following the theft of cattle, street battles between
M'bororo cattle raisers and beef wholesalers in Bangui resulted in more
than 25 deaths. Women and children were among the fatalities. No
additional information was available at year's end.
b. Disappearance.--In late December, Charles Massi, a member of the
armed group Convention of Patriots for Justice and Peace (CPJP) and a
former minister, was reported missing. His wife and members of his
political party told international media that the Chadian government
arrested Massi and turned him over to Central African authorities, who
they said tortured and murdered him. At year's end, there was no
further information about his whereabouts.
During the year unidentified armed groups kidnapped M'bororo
children and young adults and held them for ransom.
In November unidentified bandits in Birao abducted two expatriate
NGO employees, and at year's end they continued to hold them for an
unknown ransom.
By year's end authorities had not charged anyone for the temporary
abduction of two doctors and four other medical personnel by
unidentified gunmen in Bombole in February 2008 (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 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. Family members of victims and human rights groups, including
the Central African human rights observatory (OCDH), filed complaints
with the courts, but authorities took no action. Members of the
military raped, robbed, and abused civilians in conflict and
nonconflict areas.
According to ACAT, torture and beating of detainees occurred
frequently in detention centers run by the SRI and the OCRB. Police
most commonly employed a form of torture known as ``le cafe,'' the
repeated beating of the soles of an individual's feet with a baton or
stick. Immediately after administering the beating, police would
sometimes force the victim to walk on badly bruised feet and, if the
individual was unable to do so, they continued beating the individual.
For example, in January police arrested Angele Ndarata, 16 years
old, for sorcery. A court clerk illegally authorized the parents of the
alleged victim to beat Ndarata on June 20. They burned her hands, arms,
and sexual parts, and she received no medical care for two days. On
June 29, the OCDH provided Ndarata with a lawyer and lodged a complaint
against those who authorized and perpetrated the torture. At year's end
Ndarata was home awaiting trial. Authorities briefly imprisoned the
clerk, but did not take action against Ndarata's parents.
On February 27, a presidential guard member in Bossaboa used a
machete to cut three fingers off a man's hand after accusing him of
stealing electrical cable.
There was no further information about the severe beating of a man
in Bangui by Corporal Zilo and five of his FACA colleagues in July
2008. The man remained incapacitated by his injuries, and at year's end
the authorities had not investigated the incident.
Authorities took no action in any of the following cases of abuse
by members of security forces in Bangui in 2008: 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 armed groups (see section 1.g.).
Members of security forces, particularly the military, reportedly
raped civilians, although throughout the country sexual assaults were
rarely reported. Security personnel rarely were punished, and suspects
either escaped from police custody or were released by fellow soldiers
or other security agents.
There were no further developments in the ongoing ICC 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 some persons believed to be Chadian combatants.
Civilians reportedly continued to injure and torture persons
suspected of being sorcerers or witches. Mob violence was widespread
and cases were underreported. By year's end authorities had taken no
action against those responsible for the cases detailed below.
An international NGO reported that on June 8, in the village of
Ngoumourou, APRD and village members tied a woman to a tree and beat
her for allegedly practicing witchcraft.
An international NGO reported that on June 16, members of a
community in Kaga Bandoro beat a woman accused of witchcraft and her
child.
On August 28, the Office of the UN High Commissioner for Refugees
(UNHCR) in Dekoa intervened to rescue 13-year-old Vivian Ngoupande
after a mob in her village beat and whipped her. The village chief
accused her of, and interrogated her for, allegedly killing four
persons. The gendarmes held her for three days but refused to provide
her food because they feared her alleged powers. The regional
prosecutor asked the UNHCR to make an emergency intervention, and a
local priest assumed temporary charge of her. At year's end no addition
information was available.
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.
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 credible sources, from November 2008 to
February 2009, inmates in prisons located in Bouar, Baoro, Baboua,
Carnot, Berberati, and Nola lacked all necessities. The situation led
to the deaths of some inmates as well as multiple escape attempts.
A census conducted by the UN Development Program (UNDP) in Bozoum
Prison in January and February indicated that 80 percent of prisoners
complained of shortage of food.
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.
For example, in September observers found minors between the ages of 12
and 16 among the adult prisoners at Ngaragba central prison in Bangui.
In the same month, a 12-year-old boy from Ndele, arrested by the FACA
during military maneuvers, was detained at the SRI for an extended
period.
Pretrial detainees were not held separately from convicted
prisoners.
As of December 31, there were 2,145 prisoners in the country. 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 both Bangui 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 both Bangui prisons
permitted detainees' families to make weekly visits.
As of December, there were 308 inmates in Ngaragba Prison, most of
whom are pretrial detainees. Several detainees had been held for seven
months without appearing before a judge. The more crowded cells each
held approximately 30 to 40 inmates. Prisoners there 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.
As of December Bimbo central prison held 15 female inmates, most 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 were allowed to stay with their mothers at the prison. There were
no reports of rapes or sexual harassment by the all-male prison guard
staff.
Constructed in 1948, the eight-room Alindao prison in the community
of same name, held 155 prisoners in August--three times as many as
could be reasonably accommodated. Men and women were housed in the same
facility but in different rooms. Of the inmates, eight were women, and
all had been convicted of purported witchcraft. One woman stated that
she had been convicted of stealing the soul of a village child.
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 CFA francs ($0.45) and 300 CFA francs ($0.67) 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 detention facilities in the countryside.
There were no separate detention facilities for juvenile detainees, who
routinely were housed with adults and often subjected to physical
abuse.
The government restricted prison visits by human rights observers.
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.
In June members of the UNHRC's UPRWG made recommendations regarding
the penal system, including that the government ``put an end to torture
and mistreatment in prisons and police stations,'' ``strengthen efforts
to guarantee minimum conditions for those held in police custody and
detention centers in accordance with international standards,'' and
``ensure comprehensive training for prison staff in human rights law.''
Adopted by the national assembly during the year, the 2010
government budget did not show a significant increase of resources
devoted to prisons or detention centers.
In its national report submission in February to the UNHRC's UPRWG,
the government flagged the following improvements: construction and
renovation of prison facilities in large towns such as Sibut, Kaga-
Bandoro, Bossongoa, Batagafo, Berberati, Bossembele, and Bozoum;
training for prison wardens and directors; demilitarization of prison
facilities; and separation of the sexes in Bangui prisons. However, by
year's end these projects had not yet begun, due to a shortage of
government funding. In addition, in the government's response within
the UNHRC's June UPRWG report, the government indicated that it had
begun a reform program to create a corps of nonmilitary prison guards
to prevent further instances of military prison guards allowing the
escape of incarcerated members of the military. However, at year's end,
although the UNDP had obtained uniforms and training materials, a lack
of funding for the Ministry of Justice prevented the government from
hiring new prison guards.
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 or which prisons could be
accessed, which prevented the project from beginning work.
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 a problem.
Role of the Police and Security Apparatus.--The Ministry of the
Interior and Public Security, through the director general of police,
has oversight over the activities of the national police, including the
OCRB. The Ministry of Defense oversees military forces, including the
presidential guard, the national gendarmerie, and the SRI. The police
and the military share responsibility for internal security.
Police were ineffective; they severely lacked financial resources,
and their salaries were often in arrears. Citizens' lack of faith in
police led at times to mob violence against persons suspected of theft
and other offenses. Police corruption, including the use of illegal
roadblocks to commit extortion, remained a problem; however, removal of
some illegal roadblocks enabled more freedom of movement and easier
transportation by year's end.
Mechanisms existed for redress against abuses by members of the
police and military. Citizens filed complaints with the public
prosecutor. The most common complaints involved theft, rape, brutality,
and embezzlement. However, impunity remained a severe problem. Although
the prosecutor had the authority to order the arrest of police officers
suspected of committing abuses and exercised that authority during the
year, the prosecutor's staff was small and severely underfunded. There
were no prosecutions of police officers during the year, according to
the deputy prosecutor.
The PMT convicted members of the military during the year (see
section 1.a.).
In June the country's delegation at the UNHRC told the UPRWG that
the country faced challenges executing military justice, particularly
because prison guards who belonged to the military allowed or
facilitated escapes for detained military personnel (see section 1.c.).
In June several members of the UNHRC's UPRWG made recommendations
concerning the fight against impunity among security forces and the
need for security sector reform. Recommendations focused on the need
for the government to systematically investigate those accused of human
rights abuses and suspend from duty, prosecute, and punish those
responsible, without exception; undertake ``severe vetting action
linked to recruiting and promotion''; establish a permanent
coordination structure for different security forces to consistently
address issues such as training; and enhance training for the security
forces in human rights and humanitarian law. By year's end, however,
the government had taken few steps to effectively curb abuses by the
military, particularly among the presidential guard.
During the year, in cooperation with the government, the Human
Rights Section of the UN Peace Building Office in the Central African
Republic (BONUCA) continued to collect complaints of human rights
abuses committed by members of the security forces, including FACA
soldiers. It continued to investigate abuses and share information with
the public prosecutor to facilitate the fight against impunity. In
addition, BONUCA provided more than 500 members of the security forces,
including police officers, gendarmes, and FACA soldiers, with
international humanitarian law and human rights training; it also
provided training for the mission for the coordination of peace
(MICOPAX) military personnel.
BONUCA maintained UN human rights observers in three regional UN
offices in the northwestern and central parts of the country and
planned to expand to two other cities over the next year. While BONUCA
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. Due in part to previous
criticism of its lack of public reporting, BONUCA continued finalizing
human rights reports for 2008 and 2009, but it had not released them by
the end of the year.
As part of its efforts to protect citizens and safeguard property,
the government continued to support joint security operations in the
capital and selected cities in the northwestern section of the country
conducted by several hundred regional armed forces peacekeepers. The
government also supported joint operations by the UN Mission in the CAR
and Chad in the northeastern Vakaga prefecture.
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 bringing their
cases before a magistrate. The law allows all detainees, including
those held on national security grounds, to have access to their
families and to legal counsel. Indigent detainees may request a lawyer
provided by the government, although it was not known if this right was
often invoked. Detainees are allowed to post bail or have family
members post bail for them. In most cases lawyers and families had free
access to detainees, but incommunicado detention occasionally occurred.
There were different standards for treatment of detainees held for
crimes against the security of the state. National security detainees
may be held without charge for up to eight days, and this period can be
renewed once, for a total of 16 days. However, in practice such persons
were held without charge for longer periods.
On September 30, the national assembly adopted a revised penal code
and criminal procedure code. Due to these new reforms, detainees gained
the right to have access to attorneys immediately after arrest.
According to BONUCA'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. In addition, in June a member of the
UNHRC's UPRWG stated that ``the judicial system is undermined by
arbitrary arrests, detention, and delays in the administration of
justice.''
During the year the SRI released Bertin Aristide Kabamba, a former
commandant in the Democratic Republic of the Congo's (DRC's) military
who had received refugee status in the country in 2003, and who was
arrested for ``security reasons'' in April 2008. Kabamba remained in
Bangui and complained that he received periodic threats from members of
the security forces.
In May authorities released from detention Christian Mocket, an
official who had worked at the presidency prior to his arrest in
September 2008, for having sent a letter to the president criticizing
corruption surrounding the presidency. The government had not charged
or tried Mocket.
During the year authorities continued to arrest individuals,
particularly women, and charged 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. In late 2005 Bangui
prison officials estimated that 50 to 60 percent of female detainees
were arrested for purported witchcraft. All the women incarcerated in
the Bozoum and Alindao prisons were serving sentences for purported
witchcraft.
Prolonged pretrial detention was a serious problem. At year's end
pretrial detainees constituted approximately 75 percent of Ngaragba
central prison's population and an estimated 60 percent of Bimbo
Central Prison's population. Detainees usually were informed of the
charges against them; however, many waited in prison for several months
before seeing a judge. Judicial inefficiency and corruption, as well as
a shortage of judges and severe financial constraints on the judicial
system, contributed to pretrial delays. Some detainees remained in
prison for years because of lost files and bureaucratic obstacles.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained subject to the
influence of the executive branch, and, despite government efforts to
improve it, the judiciary was inadequate to meet its tasks.
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 182 magistrates for the
entire country; however, the UNDP estimated there were only 120 judges
working in the country, equivalent to one judge for every 36,000
inhabitants. Many citizens effectively lacked access to the judicial
system. Citizens often had to travel more than 30 miles to reach one of
the country's 38 courthouses. Consequently, traditional justice at the
family and village level retained a major role in settling conflicts
and administering punishment.
Judicial corruption remained a serious impediment to citizens'
right to receive a fair trial. According to the 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 ($1,155); that of a junior judge was approximately 220,000 CFA
francs ($482).
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 European Union.
The president appoints judges after the superior council of
magistrates nominates them. The judiciary consists of 24 tribunals of
first instance, three courts of appeal, a final court of appeals (cours
de cassation), a high court of justice, commercial courts, a military
court, and a constitutional court. There are also children's and labor
tribunals, as well as a tribunal for financial crimes. The highest
court is the constitutional court, which determines whether laws passed
by the national assembly conform to the constitution and hears appeals
challenging the constitutionality of a law. The PMT judges only members
of the military and provides the same rights as civil criminal courts.
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. Juries are used for criminal trials. If an individual is
accused of a serious crime and cannot afford a lawyer, the government
has an obligation to provide one. In practice the government provided
counsel for indigent defendants, although this process was often slow
and delayed trial proceedings due to the state's limited resources.
Defendants have the right to question witnesses, to present witnesses
and evidence on their own behalf, and to have access to government-held
evidence. Defendants have the right to appeal. The government generally
complied with these legal requirements. The judiciary, however, did not
enforce consistently the right to a fair trial, and there were many
credible reports of corruption within the court system. One indigenous
ethnic group in particular, the Ba'Aka (Pygmies), reportedly was
subject to legal discrimination and unfair trials.
Purported witchcraft occasionally was tried in the regular courts
and could be punishable by execution, although no death sentences were
imposed during the year. Most individuals who were convicted of
witchcraft received sentences of one to five years in prison; they
could also be fined up to 817,800 CFA francs ($1,794). Police and
gendarmes conducted investigations into alleged witchcraft. During a
typical witchcraft trial, practitioners of traditional medicine were
called to give their opinion of a suspect's ties to sorcery, and
neighbors were called 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 BONUCA's human rights unit and human rights and
humanitarian NGOs limited access to all prisoners and detainees,
although bureaucratic requirements for visits and delays significantly
restricted their frequency during the year.
Civil Judicial Procedures and Remedies.--The constitution provides
for an independent judiciary in civil matters, and citizens had access
to a court to bring lawsuits seeking damages for, or cessation of, a
human rights violation; however, there was a widespread perception that
judges were bribed easily and that litigants could not rely on courts
to render impartial judgments. Many courts were understaffed, and
personnel were paid poorly.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits searches of homes without a warrant
in civil and criminal cases; however, police sometimes used provisions
of the penal code governing certain political and security cases to
search private property without a warrant. Security forces continued to
carry out warrantless searches for guns and ammunition in private
homes.
On June 10, four armed persons attacked the house of the Minister
of Regional Development Marie Reine Hassen. The assailants fired 22
shots at the residence entrance. The next day the OCRB arrested Eldon
Piri, who later denounced six others, including three he identified as
attackers, Odilon Serefio, Tresor Gbemani, and Ligboko-Pela. All were
active duty military members. By year's end none had been tried,
although the deputy prosecutor said the investigation was complete and
the case was pending.
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 prefectures and the
extreme southeast. Despite the signing of the comprehensive peace
accord in June 2008 between the government and four armed groups--the
APRD, the Democratic Front of the Central African People (FDPC), the
Movement of Justice for Central African liberators (MLCJ),and the Union
of Democratic Forces for Unity (UFDR)--and an inclusive political
dialogue in December 2008 between the government, armed groups, the
political opposition, and civil society, which resulted in the
formation of a government of national unity on January 19, violence
increased 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, armed groups, and bands of
unidentified armed men attacked civilians. Many observers estimated
that the government controlled little more than half of the country
during the year. Although government forces and armed groups maintained
a ceasefire for much of the year, one notable armed group, the CPJP,
remained outside of the peace process at year's end and continued to
fight the government's armed forces north of Ndele, causing many
civilians to flee. Civilians were caught in the crossfire during
fighting between the armed groups and the military, which often accused
them of supporting the armed groups.
In addition, attacks on civilians by the Lord's Resistance Army
(LRA) in the southeast and interethnic violence between the Kara and
the Goula ethnic groups in the northeastern Vakaga region contributed
to the humanitarian crisis.
UN efforts at disarmament, demobilization, and reintegration
remained stalled. The UN-led process continued to outline the
restructuring and redeployment of military forces. The disarmament,
demobilization, and reintegration of armed groups began in August. In
August 2008 the government started a project for the reduction and
control of small and light arms.
The Ugandan Peoples Defense Force (UPDF) operated in the eastern
sector of the country with the cooperation of the FACA in operations
against LRA guerillas.
Armed groups, 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.
Killings.--Extrajudicial killings continued. During military
operations conducted against armed groups and highway bandits,
government forces did not distinguish between the armed groups and
civilians in the villages. Government forces often burned houses and
sometimes killed villagers accused of being accomplices of armed groups
or highway bandits.
UN observers noted numerous extrajudicial killings by security
forces and the use of disproportionate force against suspect bandits
and armed groups.
For example, on February 3 the FACA attacked the village of
Sokoumba in response to attacks in the area by the CPJP. Attacking
during a funeral, FACA soldiers killed at least 18 male civilians,
including the village chief. According to press reports, some civilians
were tied against a tree and shot in the head or stabbed to death, and
at least one was decapitated. By year's end authorities had taken no
action against those responsible.
In March outside of the northwestern town of Bozoum, government
forces summarily executed four men suspected of banditry. They
abandoned one of the bodies on the road and showed the others to two
government officials from the Ministry of Defense visiting Bozoum. By
year's end authorities had taken no action against those responsible.
On June 4, fighting between the FACA and the FDPC left two
civilians dead on the Kabo-Moyenne Sido road in the Ouham prefecture.
By year's end authorities had taken no action against those
responsible.
At year's end no one had been charged in the summary executions
committed by FACA soldiers on patrol in Bouar in March 2008.
By year's end authorities had not investigated or tried members of
the FACA or presidential guard for killing large numbers of civilians
in the northwest in 2006. In June a member of the UNHRC's UPRWG
underlined the need for the government to follow up on the
recommendations made in 2008 by the UN Special Rapporteur on
Extrajudicial, Summary, or Arbitrary Executions (UNSRESAE) Philip
Alston, including that the government investigate and prosecute those
FACA soldiers responsible for the killings.
APRD armed combatants continued to carry out atrocities in areas
under their control, including killings, pillaging, and extortion. For
example, on April 14, an APRD officer in the northwestern town of Paoua
publicly killed the local national herders organization's
representative. The officer disappeared from Paoua, and by year's end
authorities had not arrested him.
According to the national assembly member from Bocaranga II, on
March 12, the APRD killed the chief of Tchoulao village in the Ouham
Pende. By year's end authorities had not taken any action against those
responsible.
Ethnic violence in the northeast resulted in several killings
during the year. For example, in June fighting between the Kara and
Goula ethnic groups in Birao, near the borders with Chad and Sudan,
resulted in six deaths and the burning of nearly half of the town.
Starting in July, the LRA began attacks against towns located in
the far eastern Haut Mbomou prefecture. For example, on August 21, LRA
armed members attacked a truck operated by the international NGO
Cooperazione Internazionale (COOPI) near Mboki, killing two staff
members and wounding two others. By the end of the year, the UN Office
for the Coordination of Humanitarian Affairs (OCHA) estimated that the
LRA had killed approximately 50 civilians in the country. The attacks,
some of which occurred in the DRC, resulted in 800 civilians from the
DRC taking refuge in CAR and caused the internal displacement of 4,000
persons within CAR.
No further information was available on the June 2007 death of
French humanitarian volunteer Elsa Serfass, who was participating in a
mission with Doctors without Borders.
Abductions.--General Baba Ladde, the leader of the Popular Front
for Redressing of Grievances, reportedly took civilians hostage during
the year near Kaga Bandoro to extort money from their families.
According to OCHA, the LRA abducted approximately 150 civilians in
the southeast during the year.
There was little or no response by local authorities to multiple
kidnappings of civilians by armed groups considered to be bandits or
zaraguinas (see section 1.a.).
On November 21, unidentified armed individuals kidnapped two
international NGO workers in the northeastern town of Birao, Vakaga
prefecture. No additional information was available at year's end.
Physical Abuse, Punishment, and Torture.--Government forces and
armed groups mistreated civilians, including through torture, beatings,
and rape, in the course of the conflicts. During military operations
conducted against armed groups or highway bandits, the armed forces
often burnt homes and did not distinguish between armed groups and
local civilian populations they regarded as accomplices, although less
often than in the previous year.
Civilians continued to suffer mistreatment in armed territories
controlled by armed groups. On March 5, APRD members held and tortured
a village chief in Bocaranga for refusing to pay a fee at an illegal
roadblock. A few days later, the chief escaped the local APRD detention
center. An evangelical pastor who tried to help the chief was
subsequently arrested and tortured for three days by APRD members,
resulting in his paralysis. No action was taken against those
responsible by year's end.
International and domestic observers reported that, during the
year, security forces, members of armed groups, Chadian soldiers, and
bandits continued to attack cattle herders, primarily members of the
M'bororo ethnic group. Many observers believed M'bororo were targeted
primarily because of their perceived relative wealth and the relative
vulnerability of cattle to theft. One UN agency reported that,
according to its NGO partners in the affected region, the attackers
often were themselves M'bororo.
M'bororo cattle herders were also disproportionately subjected to
kidnapping for ransom. A UN agency working in the area indicated that
the perpetrators often kidnapped women and children and held them for
ransoms of between one million and two million CFA francs ($2,193 and
$4,384). Victims whose families did not pay were sometimes killed.
Armed groups in the country continued to conduct frequent attacks on
the M'bororo population on the Cameroonian side of the border, despite
the Cameroonian government's deployment of security forces.
Some observers noted the use of rape by both government forces and
armed groups to terrorize the population in the northern prefectures.
Given the social stigma attached to rape, any report would likely
underestimate the incidence of rape in the conflict zones. Several NGOs
and UN agencies conducted gender-based violence awareness and treatment
campaigns during the year in northern prefectures and Bangui.
Child Soldiers.--According to multiple human rights observers,
numerous APRD groups included soldiers as young as 12. In addition, the
UFDR admitted that many children served as soldiers in its ranks.
According to an international observer, the UFDR and APRD stopped
recruiting child soldiers during the year as a result of disarmament,
demobilization and reinsertion activities, but in some remote areas,
children were still used as lookouts and porters. 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 reported that between January and December, 623 APRD child
soldiers were released, 572 of whom were boys. Approximately 30 percent
were between 10 and 14 years old, and of those, 70 percent had served
in combat. Although it had demobilized 450 child soldiers in 2008, the
UFDR did not demobilize any child soldiers during the year.
Several NGO observers have reported that self-defense committees,
which were established by towns to combat armed groups and bandits in
areas where the FACA or gendarmes were not present, used children as
combatants, lookouts, and porters. While the head of the self-defense
committee of Bozoum denied the presence of children among his
committee's ranks, he stated that there might be some children involved
in the Bocaranga area and thus outside of his purview. UNICEF estimates
that children comprised one third of the self-defense committees.
UPDF and FACA operations captured or received the surrender of 32
child soldiers during operations against the LRA during the year. A
further six children, abducted by the LRA in the CAR in early 2008,
returned to Bangui from the DRC with the help of UNICEF in mid 2009.
Displaced children have been forced to work as porters, carrying
stolen goods for groups of bandits.
Other Conflict-Related Abuses.--In the northwest, members of the
government security forces, including the FACA and presidential guard,
continued to project a presence from the larger towns and occasionally
engaged in combat with armed groups and bandits. While the ceasefire
between government forces and armed groups allowed some displaced
persons to return home, approximately 300,000 persons remained
displaced in the bush or in refugee camps along the Chadian or
Cameroonian borders.
In January 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 the north
and northwestern areas that the government did not control, by bandits
and armed groups, including former combatants who helped President
Bozize come to power in 2003.
Sporadic fighting between government security forces and armed
groups, attacks on civilians by armed groups, armed banditry, and
occasional abuse by government soldiers kept many internally displaced
persons (IDPs) from their homes. OCHA estimated the number of IDPs
increased during the year from 101,000 in December 2008 to 162,000 at
year's end.
The overwhelming majority of IDPs were in the northwestern
prefectures of Ouham and Ouham Pende, where some civilians remained
displaced from their villages out of fear and lived in the bush for
much of the year, returning occasionally to their fields to plant or
scavenge. NGOs and UN agencies observed anecdotal evidence that some
civilians were returning in the northwest prefectures, but this was not
a widespread phenomenon. Thousands of individuals remained homeless due
to fighting in the north-central prefectures of Haute Kotto and
Bamingui-Bangoran, and due to instability in the northeastern
prefecture 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.
In March and again in late November, the government accused
humanitarian workers of providing indirect support to armed groups and
subsequently temporarily denied access to areas in the north controlled
by armed groups, specifically to areas north of Kabo, Ouham prefecture,
and north of Ndele, Bamingui-Bangoran prefecture. Although official
restrictions were resolved by negotiation, access remained difficult
due to frequent clashes and the military presence.
The government did not attack or target IDPs, although some IDPs
were caught in the fighting between government forces and armed groups.
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 the
proliferation of small arms. Despite these operations, the government
was not able to provide sufficient security or protection for IDPs in
the north.
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. Unlike in the previous year, authorities
did not arrest any journalists during the year. A media sustainability
index (MSI) published during the year by IREX, an international NGO
that promotes media independence, assessed the country's progress in
meeting objectives for the establishment of a sustainable and
professional independent media system. MSI concluded that `` the
country minimally met objectives, with segments of the legal system and
government opposed to a free media system.'' Panelists involved in the
MSI, including resident journalists from both government-run and
independent media organs, ``agreed that the state's fight against
criticism has led to inhospitable and even dangerous conditions for
journalists.''
The independence of privately owned print and broadcast media was
limited by low profitability. Private media outlets continued to be
badly managed and unprofitable, according to journalists and other
panelists consulted by the MSI. Partly due to a weak advertising
market, revenues for domestic private media outlets remained low, and
extremely low salaries for journalists left many vulnerable to bribes
in exchange for favorable coverage.
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 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 ($0.66), was higher than most
citizens could afford.
Radio was the most important medium of mass communication, in part
because the literacy rate was low. There were a number of alternatives
to the state-owned radio station, Radio Centrafrique. For example, the
privately owned Radio Ndeke Luka continued to provide independent
broadcasts, including national and international news and political
commentary. Its signal did not reach significantly beyond Bangui,
although it was regularly rebroadcast by community radio for an hour or
two each day. According to IREX, 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 press
freedom watchdog committee to protect journalists, the body 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 all news reporting by major domestic
media organs 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; there were also reports of government ministers and other
senior officials threatening journalists who were critical of the
government.
In a ruling issued January 9, the HCC suspended the privately owned
daily newspaper Le Citoyen for one month for violating journalism
ethics in an article published in January that criticized deputies in
the national assembly and some opposition leaders for their inaction
and referred to them as ``dwarfs'' and ``mangy dogs.'' Privately owned
newspapers protested the decision by going on a temporary strike.
On April 17 the HCC suspended L'Hirondelle for two weeks after it
published an article by a former military officer calling for rebellion
against the government. The HCC's suspension was for inciting violence
against the state. L'Hirondelle also published the response to the
manifesto by the Ministry of Defense in an adjoining column. Privately
owned newspapers went on a two-week strike to protest the decision.
In July the army stopped a journalist from Le Citoyen north of Kaga
Bondoro. A military checkpoint prevented him from further travel but
did not explain why they impeded him.
There were no further developments in the case of Temps Nouveaux
editor Michel Alkhady Ngady, who was arrested, fined, and imprisoned
for two months in 2007 after he contested appointments to the HCC.
Ngady remained free during the year and continued publication of his
newspaper, but the charge of ``disobedience to public authorities''
remained pending before an appeals court.
In March, the Ministry of Communication suspended a radio program
named `` What You Want to Know'' on the government-run Radio
Centrafrique for severe criticism of opposition leaders and labor
unions following complaints from opposition groups, private press, and
the HCC. The suspension lasted a month, after which the station resumed
its broadcasts.
There were no reports of authorities taking action against
presidential guard member Olivier Koudemon, who beat Radio Ndeke Luka
journalist Jean-Magloire Issa in February 2008.
In June a member of the UNHRC's UPRWG recommended that the
government ``adopt further measures to ensure, in practice, the
protection of journalists against threats and attacks, including
imprisonment.''
Journalists continued to practice self-censorship due to fear of
government reprisals. In addition, according to comments included in
the MSI by the vice president of the Union of Central African
Journalists, ``the executive branch makes discretionary use of
information in the public [government-run] press. Information agents
appointed by the executive branch enforce censorship both in the
newsrooms and at the level of all public authorities.''
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 ($219 to $17,520) and were on
occasion arrested and detained. During the year IREX reported that
media workers said the 2005 law decriminalizing media offenses has
offered little protection for journalists accused of offenses such a
libel, as authorities could still try journalists and sentence them to
prison terms according to provisions in the criminal code.
The law provides for imprisonment and fines of as much as one
million CFA francs ($2,193) 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.
Bangui University, with support from the UN Educational, Scientific
and Cultural Organization (UNESCO), continued to offer a journalism
program, the country's only such program, through its department of
journalism and communication, which was launched in March 2008 to train
students and strengthen skills and ethics of senior journalists. During
the year the department enrolled 30 undergraduate students and 10
professional journalists.
Internet Freedom.--There were no reports that the government
restricted access to the Internet or monitored e-mail or Internet chat
rooms. 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. In some cases the ministry
refused permission ``for security reasons.''
In March a large-scale demonstration involving at least 2,000
individuals began after Lieutenant Olivier Koudemon and two other
members of the presidential guard killed a police commissioner in
Bangui. The rapid intervention squad of the presidential guard
responded to the scene and dispersed the crowd by firing weapons into
the air. Stray bullets reportedly struck eight persons. Similar crowd
dispersion tactics had been used for smaller demonstrations, such as
those associated with strikes.
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.--The constitution provides for freedom of
religion, although it prohibits what the government considers to be
religious fundamentalism or intolerance, and the government generally
respected this right during the year. The constitutional provision
prohibiting religious fundamentalism was understood widely to be aimed
at Muslims, who make up 15 to 22 percent of the population, but this
provision was not implemented by enabling legislation.
Religious groups (except for indigenous religious groups) were
required by law to register with the Ministry of Interior. The
ministry's administrative police monitored groups that failed to
register; however, police did not attempt to impose any penalties on
such groups during the year. The ministry could decline to register,
suspend the operations of, or ban any organization that it deemed
offensive to public morals or likely to disturb the peace; however,
there were no reports of the ministry doing so during the year.
The government maintained a ban, begun in 2007, on the church
``Eglise Jehova Sabaoth,'' led by Reverend Ketafio. According to the
Ministry of Interior, a government investigation found that the pastor
was using false documents and diplomas. Despite the ban, the pastor
continued to preach from his home during the year.
Societal Abuses and Discrimination.--Muslims continued to face
consistent social discrimination, especially regarding access to
services like citizenship documentation, where low-level functionaries
reportedly created informal barriers for Muslims. Many citizens
believed Muslims were ``foreigners'' and resented them due to their
better-than-average living standard.
There was no significant Jewish community, and there were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation; 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.
In April 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 fees of up to 9,000 to 10,000 CFA
francs (18.7 to $20.8) 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.
With the exception of diplomats, the government required that all
foreigners obtain an exit visa. Travelers intending to exit the country
could be required to obtain affidavits to prove that they owed no money
to the government or to parastatal companies.
The constitution does not permit the use of exile, and the
government did not employ it in practice. Former president Patasse,
convicted in absentia for embezzlement, remained outside the country
during most of the year; however, he was allowed to return in October
after six years in exile.
A significant number of members of the M'bororo ethnic group
continued to live as refugees in Cameroon and southern Chad after
violence in 2006 and 2007.
Internally Displaced Persons (IDPs).--Sporadic fighting between
government forces and armed groups, attacks on civilians by armed
groups, and armed banditry prevented the country's internally displaced
persons (IDPs), most of whom were displaced in 2006, from returning to
their homes. At year's end the number of IDPs totaled 162,000,
including almost 100,000 in the northwestern prefectures of Ouham and
Ouham Pende. The number of individuals who had fled the country totaled
138,000, including 74,000 refugees in Chad and approximately 64,000
refugees in Cameroon. By October violence in the north caused the
internal displacement of more than 20,000 persons, and caused up to
18,000 to seek refuge in Chad. In January a significant number of
members of the Rounga ethnic group fled villages along the Ndele-Garba
road as a result of fighting between the FACA and the CPJP. In June
ethnic conflict in the northeastern Vakaga prefecture displaced
approximately 2,000 Kara. In the southeastern prefecture of Haut-
Mbomou, attacks by the LRA caused the internal displacement of
approximately 10,800 individuals by December.
In March the government accused humanitarian workers of providing
indirect support to armed groups and subsequently temporarily denied
access to areas in the north controlled by armed groups, specifically
to areas north of Kabo, Ouham prefecture, and north of Ndele, Bamingui-
Bangoran prefecture. Although official restrictions were resolved by
negotiation, access remained difficult due to frequent clashes and the
military presence.
In June the Office of the High Commissioner for Refugees 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 ensure 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 it was focused
on human right abuses, but, according to OCHA, the committee had not
yet carried out any of its assigned responsibilities by year's end.
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 armed groups. There were no reports of the
government inhibiting the free movement of IDPs.
In June several members of the UNHRC'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; ensure the free circulation of humanitarian workers
so they can access IDPs; and follow up on specific 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 steps to
implement these recommendations.
Displaced children worked in fields for long hours and as porters
for bandits or armed groups (see sections 1.g. and 7.d.).
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 protocol.
The country also is a party to the 1969 AU Convention Governing the
Specific Aspects of the Refugee Problem in Africa. 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.
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 13,000 refugees
in the country.
During the year security forces subjected refugees, as they did
citizens, to arbitrary arrest and detention. Refugees were especially
vulnerable to such human rights abuses. The government allowed refugees
freedom of movement, but like citizens, they were subject to roadside
stops and harassment by security forces and armed groups. Refugees'
access to courts, public education, and basic public health care was
limited by the same factors that limited citizens' access to these
services.
Several international organizations worked with the government and
UNHCR to assist refugees during the year. They included Doctors without
Borders, Caritas, International Medical Corps, and COOPI.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in
presidential and legislative elections in 2005, which election
observers considered to be generally free and fair, despite some
irregularities.
Elections and Political Participation.--In 2005 the country held
two rounds of multiparty presidential and legislative elections that
resulted in the election of General Francois Bozize as president;
Bozize had seized power in a 2003 military coup, declared himself
president, and headed a transitional government until the 2005
elections. Domestic and international election observers judged the
elections to be generally free and fair, despite irregularities and
accusations of fraud made by candidates running against Bozize.
In August President Bozize promulgated into law the text of an
electoral code that the constitutional court had ruled in July as
including provisions that were unconstitutional. After President Bozize
signed a decree based on the disputed electoral code, establishing the
independent electoral commission (CEI), the political opposition
challenged the law. In October, after the constitutional court
requested that President Bozize respect the decision it had delivered
in July, President Bozize agreed to remove the disputed text from the
electoral code and promulgate a new code. He subsequently signed two
decrees that established the CEI, and 30 members of the CEI were drawn
from the six groups that participated in the inclusive political
dialogue of 2008. The members of the CEI were sworn in on October 16.
Despite a constitutional requirement that he do so by 2007, as well
as a recommendation stemming from the 2008 inclusive political
dialogue, for the third consecutive year the president did not call for
municipal elections, citing lack of government resources.
In December 2008 the government hosted a political dialogue with
the opposition parties, armed groups, civil society groups, and outside
mediators with the goal of ending armed insurrection in the northeast
and northwest and bringing all political parties and armed groups to
the negotiating table. Most of the major political and armed group
leaders attended the dialogue and recommended a new consensus
government. While President Bozize pledged to implement the
recommendations, he formed a new government composed primarily of
members of his presidential majority. The president reappointed Faustin
Touadera as prime minister at the head of a 32-member cabinet.
Representatives from the APRD and UFDR movements filled two ministerial
positions. The main opposition coalition, including the Movement for
the Liberation of Central African People (MLPC) and Democratic Union of
Central Africa political parties, were not part of the new government.
On multiple occasions during the year, police, gendarmes, and the
FACA impeded the travel of members of the opposition MLPC party,
delaying their travel for up to two days.
In his December report to the UN Security Council, the UN secretary
general said he ``remained concerned over reports of intimidation and
restriction of the movements of some members of the political
opposition by the security forces and by the call by some politicians
for a constitutional amendment or political arrangement that would
allow the elections to be postponed.''
During the year the LCDH continued to criticize President Bozize
for holding the position of minister of defense, on the grounds that
the constitution prohibits the president from holding ``any other
political function or electoral mandate''; however, government
officials said this criticism was based on a misinterpretation of the
constitution. After political activist Zarambaud Assingambi filed a
complaint with the constitutional court in 2008, the court ruled in
June 2008 that it was not competent to try the case.
According to recommendations from a 2003 government-sponsored
national dialogue, women are to occupy 35 percent of posts in
government ministries and political parties; however, this provision
was not respected during the year. There were 10 women in the 105-seat
national assembly and three in the president's 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 M'bororo ethnic
group, in the national assembly.
The Ba'Aka (Pygmies), the indigenous inhabitants of the south,
comprised 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 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 salary
payments to government employees have been made through bank accounts
instead of in cash. Additionally, during the year, the Ministry of
Finance established a customer service office for employees to report
any cases of harassment or fraud experienced in the processing of their
documents or pay. Efforts were also made during the year to computerize
financial information to increase transparency. 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 March 2008 Prime Minister Touadera set
up a national committee to fight corruption that included
representatives from the government, trade unions, NGOs, private
sector, religious organizations, and the media. The committee's
investigations resulted in the arrest of 19 senior civil servants in
the tax division of the ministry of finance on charges of embezzling up
to 5 million CFA francs ($10,967) each. Six of those arrested were
tried in 2008 and received jail sentences. At year's end the rest of
those accused continued to await trial.
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 financial needs,
insecurity, and economic dislocation, domestic human rights NGOs, whose
area of work was almost exclusively 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. Government officials in Bangui met with local NGOs during the
year, but at least two local NGOs reported that the government was not
responsive. Government officials continued to criticize local NGOs
publicly for their reports of human rights violations that security
forces committed. In June a member of the UNHRC's UPRWG recommended
that ``authorities give human rights defenders legitimacy and
recognition through supportive statements, and that defenders be
protected.''
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 have 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
minister of state. In recent years, CIONGCA often represented domestic
civil society groups in decision-making forums, including the follow-up
committee of the inclusive political dialogue.
A few NGOs were active and had a sizable impact on the promotion of
human rights. Some local NGOs, including the LCDH, the OCDH, the
antitorture 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. They
also reported several cases of harassment by officials during their
fact-finding visits around the country. One domestic human rights NGO
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.
During the year, another domestic NGO, along with the International
Federation of Action by Christians for the Abolition of Torture,
reported to the UNHRC's UPRWG that ``human rights activists are
constantly intimidated in their activities'' and recommended that
authorities respect the UN's Declaration on Human Rights Defenders.
Bernadette Sayo, the founder of the Organization for Compassion and
Development for Women in Distress (OCODEFAD), formed by victims of the
widespread rapes that took place in 2002-03, accepted a ministerial
position in 2008 after having reported that security forces had
harassed her and her family due to her activist views. The coordinator
who replaced Sayo at the head of OCODEFAD also reported several
incidents of harassment by authorities.
International human rights NGOs and international organizations
operated in the country without interference from the government. Armed
groups 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 effectively address
persistent insecurity in parts of the country, some international human
rights and humanitarian groups working in conflict zones have either
closed suboffices or left the country altogether. For example, an
attack on COOPI by the LRA in late September, which resulted in the
deaths of humanitarian workers, forced COOPI to suspend operations in
the southeast.
Some international NGOs continued to raise human right awareness
among authorities and security forces. For example, throughout the
year, the International Rescue Committee 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.
The government took very few substantive actions during the year to
implement or follow up on recommendations announced in February 2008 by
UNSRESAE Alston. Alston recommended, among other things, that the
government publicly acknowledge the state's responsibility for abuses
committed by security forces, particularly those committed between 2005
and 2007; suspend from duty, investigate, and prosecute members of
security forces, particularly Lieutenant Eugene Ngaikosse, implicated
in human rights abuses; establish an independent national human rights
commission; and abolish the criminalization of witchcraft and ensure
that those accused of witchcraft are not killed.
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 BONUCA to investigate human rights abuses by the security
forces, and the government continued to cooperate with BONUCA and UN
agencies in their efforts to train security forces in human rights (see
section 1.d.). The government also continued to allow BONUCA 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.
In June members of the UNHRC's UPRWG noted that the government had
not submitted overdue reports to the council regarding various human
rights abuses and follow-up actions related to recommendations by UN
special rapporteurs who had visited the country in recent years.
Several members recommended that the government issue a standing
invitation to all of the UNHRC's special procedures (special
rapporteurs on thematic human rights issues). Several working group
members also recommended that the government increase efforts to
reactivate the national human rights commission, which was no longer
operational, and to ensure that it would enjoy adequate independence
and material and personnel resources.
In December in a report to the UN Security Council on the
political, security, and human rights situation in the country and the
activities of BONUCA, the UN secretary general found the human rights
situation remained worrisome. He underlined the importance of ensuring
peaceful and credible elections in 2010, ending harassment of
opposition parties, addressing impunity, and avoiding delays in the
disarmament and demobilization process.
The office of the high commissioner for human rights and good
governance, attached to the presidency, investigated citizen complaints
of human rights violations committed by members of the government, and
occasionally forwarded cases to the Ministry of Justice for possible
prosecution. The high commissioner's office presented its national
report on human rights to the UNHRC's UPRWG in May. While the
commission was operational, it remained ineffective. The high
commissioner's office claimed that it did not have adequate staffing or
financial resources and lacked the means to train its investigators
properly. Some human rights observers noted that it acted more as a
spokesperson for the government than an office promoting human rights.
A human rights commission in the national assembly sought to
strengthen the capacity of the legislature and other government
institutions to advance human rights, but it had few 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 ICC, 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 May 2008, Bemba was
arrested in Brussels.
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, 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, the report of the UNHRC'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.
Few assessments have been conducted on the prevalence of rape.
However, according to a baseline study conducted in June and July 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
255 cases of gender-based violence in the Nana Gribizi and Ouham Pende
prefectures. The reports included male and female rape, as well as gang
rape.
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 the past
year. 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. 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 does not prohibit prostitution; however, it prohibits
coercing someone into prostitution or profiting from the prostitution
of another. Prostitution was widespread and practiced mostly among
young women and occasionally among men. The new penal code does not
specifically prohibit prostitution, but it does criminalize procuring.
Procurers can receive prison sentences ranging from one to five years
and a fine ranging from 100,000 to 1,000,000 CFA francs ($222 to
$2,222). The law imposes fines and imprisonment for three months to one
year for sexual procurement (including assisting in prostitution). For
cases involving a minor, the penalty is one to five years of
imprisonment.
Some young women and girls reportedly engaged in prostitution for
survival without third party involvement, although no data were
available to indicate how common this practice was.
The law prohibits sexual harassment; however, the government did
not effectively enforce the law, and sexual harassment was a common
problem.
The government respected couples'rights to freely and responsibly
decide 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
2007, only 19 percent of women between the ages of 15 and 49 who were
married or in union were using contraception, and only 53 percent of
births were attended by skilled health personnel. The maternal
mortality rate remained extremely high--1,355 out of every 100,000 live
births. 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. The family code further
strengthened women's rights, particularly in the courts, but access to
the judicial system remained very limited throughout the country.
Women were treated as inferior to men both economically and
socially. Single, divorced, or widowed women, including those with
children, were not considered heads of households. Only men were
entitled to family subsidies from the government. There were no
accurate statistics on the percentage of female wage earners. Women's
access to educational opportunities and to jobs, particularly at higher
levels in their professions or in government service, remained limited.
Some women reported economic discrimination in access to credit due to
lack of collateral. 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.
Released in June, the report of the UNHRC's UPRWG highlighted the
``persistent discrimination against women'' in areas such as political
rights and education. The report recommendations urged the government
to conduct a ``rapid review of the family code to abrogate all
discriminatory provisions against women'' and to adopt measures to
improve women's political participation, educational opportunities,
status in marriage, and reduce the maternal mortality rate.''
The Mercy Corps study found that lack of respect for women's rights
was widespread, and that women were widely perceived to be inferior to
men, with implications for women's health and their ability to
contribute to their family's livelihoods. One of every three women
surveyed said they were excluded from financial decisions in their
households.
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.--The government spent very little money on programs for
children, and churches and NGOs had relatively few youth programs.
Citizenship was derived by birth in the national territory or from
one or both parents. The registration of births was spotty, though, and
Muslims reported consistent problems in establishing their citizenship.
Unregistered children faced limitations in their access to education
and other social services. According to UNICEF, total birth
registration was 49 percent, with 61 percent of children registered in
urban areas and 28 percent in rural areas. Registration of births in
conflict zones was likely lower than in other areas.
Education is compulsory for six years until age 15; tuition is
free, but students had to pay for their books, supplies,
transportation, and insurance. Approximately 75 percent of children
started school, but many did not complete the first six years of
primary school education. Girls did not have equal access to primary
education; 65 percent girls were enrolled in the first year of school,
but only 23 percent of girls finished the six years of primary school,
according to a 2007 UNESCO study. At the secondary level, a majority of
girls dropped out at age 14 or 15 due to societal pressure to marry and
bear children. The ministry of plans estimated during the year that
there was one teacher for every 99 students nationally.
Few Ba'aka (Pygmies) attended primary school during the year. 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 of
imprisonment and a fine of 100,000 to 1,000,000 CFA francs ($225 to
$2,250) depending on the severity of the case; nevertheless, girls were
subjected to this traditional practice in certain rural areas and, to a
lesser degree, in Bangui. According to the AWJ, anecdotal evidence
suggested that the FGM rates declined in recent years as a result of
efforts by UNICEF, AWJ and the ministries of social affairs and public
health's efforts to familiarize women 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. The Ministry of 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.
The new penal code does not specifically prohibit prostitution, but
it does criminalize pimping. Pimps can receive prison sentences ranging
from one to five years and a fine ranging from 100,000 to 1,000,000 CFA
francs ($222 to $2,222).
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 8,000 street children between the ages of five
and 18, including 5,000 in Bangui, according to the Ministry of Family
and Social Affairs. Many experts believed that HIV/AIDS and a belief in
sorcery, particularly in rural areas, contributed to the large number
of street children. An estimated 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.
Trafficking in Persons.--The 2009 penal code specifically
criminalizes trafficking in persons. Although NGOs and government
officials said that trafficking in persons was not widespread, no
comprehensive analysis of trafficking in persons has been conducted and
little concrete data existed on the extent of the problem. The Ministry
of Interior is responsible for trafficking crimes.
The country was a source, transit, and destination point for men,
women, and children trafficked for the purpose of forced labor and
sexual exploitation. The majority of victims were children trafficked
within the country for sexual exploitation, domestic servitude, forced
ambulant vending, and forced agricultural, mine, market, and restaurant
labor. Victims were also trafficked to Cameroon, Nigeria, and the DRC.
During the year, BONUCA reported cases of trafficking of human organs
by unidentified persons, as well as the forced harvesting of blood for
medical and religious activities, in the east.
UN reports during the year indicated that self-defense committees,
some of which were supported by the government, recruited child
soldiers. UNICEF estimated that children comprised one-third of these
committees. There were reports that domestic armed groups abducted
children and conscripted them as soldiers in the northwest and
northeast. Some observers also reported cases of children forced into
labor by the LRA near the southeastern town of Obo. Villagers subjected
Ba'aka (Pygmies), who were unable to survive as hunters because of
depleted forests, to forced agricultural labor.
In recent years there were reports that children were trafficked
from Cameroon and Chad and, to a lesser extent, from Sudan by nomadic
pastoralists. Members of the foreign Muslim communities from Nigeria,
Sudan, and Chad subjected them to forced labor. There were also reports
that merchants, herders, and other foreigners doing business in and
transiting the country trafficked girls and boys from Chad and Sudan
into the country. Child trafficking victims could not attend school,
despite mandatory primary school attendance, and worked without
remuneration.
Some girls entered prostitution to earn money for their families,
both as commercial sex workers and as mistresses to wealthy clients.
Under the new penal code, the penalty for trafficking is between
five and 10 years of imprisonment; however, when a minor is the victim
of trafficking for the purpose of sexual exploitation or forced labor
similar to slavery, the penalty is life imprisonment with hard labor.
Using laws prohibiting kidnapping, in February 2008, the government
prosecuted three individuals for trafficking a three-year-old Guinean
girl in 2007. After their arrest, the three suspects were detained at
the Ngaragba prison, awaiting their trial. According to an official
from the Ministry of Social Affairs, the three suspects escaped from
the prison and remained at large. The girl was taken to the Centre de
la Mere et de l'Enfant, an orphanage in Bangui, and was returned to
Guinea during the year.
Neither the government nor NGOs operated shelters that provided
care to trafficking victims, and there were no known NGOs specifically
working to combat trafficking. In some cases, police have jailed
children found in prostitution for up to a month and then released them
rather than provide them with rehabilitation and reintegration care.
The government did not monitor immigration or emigration patterns for
evidence of trafficking, and it did not investigate trafficking cases
or implement procedures to identify trafficking victims among
vulnerable populations, such as abandoned children or prostitutes, or
rescue and provide care to victims. However, since 2008 government
officials have traveled with UNICEF to the interior of the country to
identify, rescue, and demobilize child soldiers conscripted by armed
groups and to assist in releasing children from self-defense
committees.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/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 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-off
government and NGO initiated programs designed to assist persons with
disabilities, including handicraft training for the blind and the
distribution of wheelchairs and carts by the Ministry of Family and
Social Affairs.
The Ministry of Family and Social Affairs continued to work with
the NGO Handicap International during the year to provide treatment,
surgeons, and prostheses to persons with disabilities.
National/Racial/Ethnic Minorities.--Violence by unidentified
persons, bandits, and armed groups against the M'bororo 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 various bandits and armed groups that controlled the
north. Additionally, since many citizens viewed the M'bororo 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 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.
During the year COOPI continued to promote the rights of the Ba'Aka
by monitoring discrimination and seeking to increase their access to
public services, including education, by helping them acquire birth
certificates.
Refugees International reported in recent years that Ba'Aka were
effectively ``second-class citizens'' and that 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 (between $334
and $1,334). 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 ($222 and $1,775); however, there were no reports that police
arrested or detained persons they believed to be involved in homosexual
activity.
There was no official discrimination, but 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
military and gendarmes, to form or join unions without prior
authorization; however, only a relatively small part of the workforce,
primarily civil servants, exercised this right. The labor code provides
for the right of workers to organize and administer trade unions
without employer interference and grants trade unions full legal
status, including the right to file lawsuits. The government generally
respected these rights in practice.
The labor code requires that union officials be full-time, wage-
earning employees in their occupation and allows them to conduct union
business during working hours as long as the employer is informed 48
hours in advance and provides authorization. A person who loses the
status of worker, either through unemployment or retirement, can still
belong to a trade union and participate in its administration.
Workers have the right to strike in both the public and private
sectors, and they exercised this right during the year; however,
security forces, including the military and gendarmes, are prohibited
from striking. 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 government has the authority to end
strikes by invoking the public interest. The code makes no other
provisions regarding sanctions on employers for acting against
strikers.
b. The Right to Organize and Bargain Collectively.--The labor code
provides that unions may bargain collectively in the public and private
sectors, and provides workers protection from employer interference in
the administration of a union.
Collective bargaining occurred in the private sector during the
year. The government generally was not involved if the two parties were
able to reach an agreement.
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 military personnel and the 24,000 civil servants.
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.
Employees can have their cases heard in the labor court. The law
does not state whether employers found guilty of antiunion
discrimination were required to reinstate workers fired for union
activities, although employers found guilty of such discrimination were
required 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, agricultural, 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.
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 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, children
five to 11 years old performed at least one hour of economic activity
or at least 28 hours of domestic work, and children 12 to 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 frequently
performed agricultural work. Children often worked as domestic workers
and 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.
Some girls worked in prostitution (see section 6).
In Bangui many of the city's estimated 5,000 street children worked
as street vendors.
During the year armed groups 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.
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
($19) for agricultural workers and 26,000 CFA francs ($58) for
government workers.
The minimum wage only applies to the formal sector, leaving much of
the economy unregulated in terms of wages. The minimum wages did not
provide a decent standard of living for a worker and family, although
wages increased during the year. The law applies to foreign and migrant
workers as well. Most labor was performed outside the wage and social
security system (in the 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.
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
10 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. Political power remained concentrated in
the hands of a northern oligarchy composed of the president's Zaghawa
ethnic group and its allies. The executive branch dominated the
legislature and judiciary. In May rebels crossed from Sudan into the
east of the country and mounted an attack. On July 26, one of the main
rebel factions, the National Movement (NM), signed a peace accord with
the government. The government supported Sudanese rebels. Violent
interethnic conflict and cross-border raids by Darfur-based militias
continued, but on a smaller scale than in previous years. Banditry was
a severe problem. An estimated 168,000 internally displaced persons
(IDPs) remained in the country. Approximately 253,000 Sudanese refugees
who had fled from violence in Darfur lived in camps along the border,
and about 70,000 refugees from the neighboring Central African Republic
(CAR) lived in the south. Civilian authorities did not maintain
effective control of the security forces.
Human rights abuses included limitation of citizens' right to
change their government; extrajudicial killings; politically motivated
disappearances; 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; use of excessive force and other abuses in internal
conflict, including killings and use of child soldiers; limits on
freedom of speech, press, and assembly; widespread official corruption;
obstruction of the work of nongovernmental organizations (NGOs);
violence and societal discrimination against women, including the
widespread practice of female genital mutilation (FGM); child abuse,
abduction, and trafficking; ethnic-based discrimination; repression of
union activity; forced labor; and exploitive child labor.
Rebel groups, ethnic-based militias, Darfur-based militias, and
bandits committed numerous human rights abuses. These abuses included
killing, abducting, injuring, and raping civilians; use of child
soldiers; and attacks against humanitarian workers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the government or its agents committed arbitrary or unlawful
killings. Civilians were killed in connection with the conflict in the
east (see section 1.g.). Security forces committed politically
motivated killings. Killings were often committed by ``men in
uniform,'' and it was often not possible to determine whether
perpetrators were members of the armed forces or police, and whether
they were acting on official orders. The government generally did not
prosecute or punish members of the security forces who committed
killings.
On July 27, five unidentified corpses were found buried outside of
Pala. Local residents claimed that the Chadian National Army (ANT) was
responsible for the killings. Judiciary police transferred the bodies
to a hospital. Officials did not open an investigation into the case.
On December 14, in N'Djamena, a person in military uniform killed
Regine Doumro following a dispute.
There were no developments regarding civilians killed during the
February 2008 rebel attack on N'Djamena and the government
counterattack.
In contrast to the previous year, there were no reports that
Chadian soldiers killed civilians and burned villages in CAR in support
of nomadic Peuhl who drive their cattle across land used by farmers.
There were no developments regarding reports that in 2008 the Chadian
military destroyed several villages in the area of Maitoukoulou, CAR.
There were no developments regarding the 2008 incident in which
security force members used excessive force in response to a
confrontation in Kouno during which supporters of Sheikh Ahmet Ismael
Bichara reportedly attacked security forces. Approximately 72 persons
were killed, including an estimated 68 supporters of Bichara and four
gendarmes. Bichara remained detained without charge while his case was
under investigation.
In contrast to the previous year, there were no reports that
security forces killed demonstrators.
There were no developments regarding numerous reported 2007
security force killings.
Unexploded ordnance including landmines laid by government, rebel,
and foreign forces resulted in deaths (see section 1.g.).
On January 24, local media reported that unknown assailants in
N'Djamena killed Gani Nassour Betchi, sister of rebel leader Tom
Erdimi.
Attacks by armed bandits continued to increase during the year.
Armed bandits operated on many roads, assaulting, robbing, and killing
travelers; some perpetrators were identified as active duty soldiers or
deserters.
For example, On January 1, armed bandits killed Abdoulaye Djibrine
between Riga and Ngouboua. Authorities did not investigate the case.
On January 27, between the towns of Radaye and Kindjirai, armed
bandits stopped Al Ahdji Ousmane. He was beaten and injured. Other
targets of banditry included employees of humanitarian organizations
and NGOs (see section 1.g.).
There were developments in the July 2008 killing of college
professor Tenebaye Oringar. Media reports indicated that authorities
detained two persons in Sarh for the killing and that their cases were
pending trial.
No reported action was taken against the bandits who perpetrated
numerous other 2008 and 2007 attacks and killings.
Interethnic fighting killed persons.
On April 12, according to a local NGO, an interethnic conflict
between the Gouria and the Djillah Maibouloua and Deguia communities in
Bol resulted in 13 deaths. Authorities arrested suspects and detained
them pending trial. The NGO reported that on June 6, interethnic
conflict, also in the Lake Chad region, resulted in two deaths.
On November 11, in Kana District, interethnic conflict involving
herders and farmers resulted in nine deaths, as well as many injuries.
Authorities arrested some of perpetrators on both sides and transferred
them to a prison in Moundou. At year's end they were still detained.
b. Disappearance.--There continued to be reports of politically
motivated disappearances and persons being held incommunicado during
the year, particularly in relation to the ongoing conflict with rebels
(see section 1.g.).
The whereabouts of Ibni Oumar Mahamat Saleh, one of three prominent
opposition leaders arrested in February 2008, remained unknown; there
were no arrests in connection with the case (see section 1.g.).
The kidnapping of children for ransom was a problem in the Mayo-
Kebbi Ouest Region. Armed persons, both local and from neighboring
countries, reportedly kidnapped children. Peuhl children were
particularly at risk due to perceptions that their families were
wealthier than other ethnic groups. According to a local NGO, from 2007
to 2009, 148 children were kidnapped, and the total ransom money paid
was approximately 157 million CFA ($330,000). During the same period,
114 children held by bandits were killed, most often as a result of
shots fired between the bandits and security forces that intervened
when parents were unwilling or unable to pay the ransom.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the government did not respect these provisions in practice. Members of
the security forces tortured, beat, abused, and raped persons. Such
practices also occurred in connection with the ongoing armed conflict.
The government took no known action against security force members
responsible for such abuse.
On March 19, military personnel in N'Djamena took Malloum Ousamane
into custody; he was detained and tortured before being released four
days later.
On March 26, a group of police in N'Djamena's District Five
arrested 15-year-old Mahamat Nour Abrass. He was beaten and injured
during detention. No action was taken against the policemen involved in
his arrest.
On May 29, in N'Djamena, security agents kidnapped, detained, and
tortured Yaya Erdimi, a relative of rebel leaders Tom and Timane
Erdimi. He was later released.
Police, gendarmes, and ANT personnel raped women and girls.
On January 1, in Bol, military officer Moussa Kallih raped 11-year-
old Zara Issa. Gendarmes arrested Kallih, and as of September he
remained in detention.
On July 1, an 11-year-old girl reportedly was raped in Koumra by
men in uniform.
On November 13, ANT soldiers kidnapped 10 girls who were attending
a cultural event and raped them. The following day gendarmes freed the
girls. No arrests were made in the case.
In trafficking and child labor-related cases, police reportedly
resorted to extrajudicial actions against offenders, including beating
them and imposing unofficial fines.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Prisons were seriously overcrowded, had
poor sanitation, and provided inadequate food, shelter, and medical
facilities. As a result of inadequate record-keeping and management,
many individuals remained in prison after completing their sentences or
after courts had ordered their release.
Local human rights organizations continued to report on the
existence of military prisons to which access was prohibited; they also
reported on the existence of secret National Security Agency (ANS) and
General Directorate of Security Services for National Institutions
(DGSSIE) prisons. They also reported on secret prisons under the
authority of the Ministry of the Environment.
There were continued reports of persons being detained in a
Ministry of Interior facility in Koro Toro. A progovernment newspaper
cited several cases of persons being sent to Koro Toro, and local media
reported that the facility was maintained in a nontransparent manner.
Ministry of Interior officials continued to prohibit access to the
facility by local and international human rights organizations.
Although the law provides that a doctor must visit each prison
three times a week, this provision was not respected.
The law authorizes forced labor in prison for some crimes.
Most of the estimated 1,000 prison inmates who escaped during the
February 2008 rebel attack on N'Djamena remained at large.
Juvenile males were not always separated from adult male prisoners,
and children were sometimes held with their inmate mothers. Pretrial
detainees were held with convicted prisoners.
The government permitted the International Committee of the Red
Cross (ICRC) to visit civilian prisons under the control of the
Ministry of Justice on a regular basis, and during the year the ICRC
conducted such visits. The government provided the Chadian Association
for the Promotion and Defense of Human Rights (ATPDH) with a permanent
authorization notice to visit civilian prisons at any time without
advance notice. Other NGOs, including human rights groups, were
required to obtain authorization from a court or from the director of
prisons; such authorizations depended largely on the personal
inclinations of those with authority to grant permission. Local NGOs
were not allowed access to military prisons.
The government restricted the access of international monitors to
Ministry of Interior and defense detention centers. The ICRC had
difficulty identifying all detention centers under the control of the
Ministry of Interior or the Presidency. The ICRC visited some official
Ministry of Interior detention facilities but sometimes had difficulty
gaining access. The government denied repeated requests by the ICRC for
access to the Koro Toro detention facility. The ICRC sometimes visited
detention facilities under the Ministry of Defense's control.
The prison oversight committee established in 2008 to monitor
standards in Ministry of Justice detention centers was not active
during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces often
violated these provisions.
Role of the Police and Security Apparatus.--The ANT, gendarmerie,
national police, nomadic guard (GNNT), DGSSIE, and ANS are responsible
for internal security. The Integrated Security Detachment (DIS) is
responsible for reducing insecurity in refugee camps and for protecting
refugees and IDPs (see section 1.g.).
The ANT, gendarmerie, and GNNT report to the Ministry of Defense;
the National Police report to the Ministry of Interior; the DGSSIE and
ANS report to the president. Officers from President Deby's ethnic
group and closely allied ethnic groups dominated the ANS. The DGSSIE's
ethnic composition was mixed, but its officers were also primarily
Zaghawas. Security force impunity and corruption were widespread.
The police force was centrally controlled, but exercising
oversight, particularly outside N'Djamena, was difficult. Police
generally enjoyed impunity. Police and gendarmes extorted payments from
motorists. The police force was unable to effectively address internal
security problems, including widespread banditry and arms
proliferation.
The Environment Ministry worked with the gendarmerie, Ministry of
the Interior, and other law enforcement entities to monitor violations
of environmental protection statutes, including those related to the
recently outlawed practice of cutting down trees and making and selling
charcoal. The interagency group does not have authority to arrest or
detain individuals; however, it did so, and it harassed persons in
possession of charcoal, a practice that was not outlawed, by requiring
bribes from them.
Arrest Procedures and Treatment While in Detention.--Although the
constitution and law require a judicial official to sign arrest
warrants, the government often did not respect this requirement, and
secret detentions occurred. Detainees were not promptly informed of
charges, and judicial determinations were not made promptly. The law
requires access to bail and counsel, but neither was regularly
provided. Incommunicado detention was a problem, and there were reports
that persons held incommunicado were tortured. The constitution and law
state that legal counsel should be provided for indigent defendants and
that defendants should be allowed prompt access to family members;
however, in practice this usually did not occur.
Security forces arbitrarily arrested and reportedly tortured
detainees, particularly those suspected of collaborating with rebels.
On August 27, gendarmes in Pala stopped and subsequently arrested
and detained prominent businessman Mahamat Zen during a night patrol.
Security forces reportedly accused him of associating with rebels
because he was carrying a knife. Zen was later released; he stated that
he had no such rebel affiliation.
In October security forces arbitrarily detained Koumande Barka, a
civil servant, who was traveling between Kelo and N'Djamena with proper
travel authorization. The security forces were reportedly seeking
information regarding his brother, a member of the military. He was
later released.
Security forces arrested and detained a political leader, as well
as a civil society representative.
On March 11, the interagency group charged with combating poaching
and environmental degradation arbitrarily arrested Mbairam Gedeon, a
Moundou policeman, who was found to be in possession of charcoal.
Possession of charcoal was not illegal. He was detained outside of
N'Djamena, without charge, by the Ministry of Water and Forestry.
On June 9, the NGO Chadian League for Human Rights (LTDH) reported
that the commandant of the gendarmerie in Kelo, Mahamat Hachim,
arrested Bandal Tchatcha, a local human rights activist, for having
made a radio report concerning police harassment of those in possession
of charcoal who had not committed crimes. He was released after 48
hours.
On June 14, the interagency group charged with combating poaching
and environmental degradation arrested and detained Ndjiladengar
Ndendongarti, a delegate to the Lake Chad Basin Commission, for cutting
down a live tree without obtaining prior permission. This crime does
not carry a penalty of detention. He was released on July 27.
Lengthy pretrial detention remained a problem. Persons accused of
crimes could be imprisoned for several years before being charged or
tried, particularly those who were arrested in the provinces for
felonies and transferred to prison in N'Djamena.
There were no reported developments in the numerous 2008 cases of
arbitrary arrest and detention.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was ineffective,
underfunded, overburdened, vulnerable to intimidation and violence, and
subject to executive interference. In practice government officials and
other influential persons often enjoyed impunity. Members of the
military continued to enjoy a particularly high degree of impunity. The
Judiciary Police did not usually enforce domestic court orders against
military members or persons of the Zaghawa ethnic group, to which the
president belongs. However during the year, the two colonels of Zaghawa
ethnicity that a court in October 2008 ordered to return property they
had forcibly taken from landowner Moussa Pepe, complied with the order.
Members of the judiciary received death threats or faced demotion
or removal from their positions for not acquiescing to pressure from
officials. For example, on August 13, Brahim Abbo, a judge with the
Court of Justice in Abeche, received death threats at his workplace.
At the national level, a supreme court, constitutional court, and
court of appeals exist; some of their members were appointed by the
government rather than elected by citizens as required by law, which
weakened judicial independence. The constitutionally mandated High
Court of Justice can try high-ranking government officials whose cases
are submitted by the National Assembly. Crimes committed by military
members are to be tried by a military court; however, no such courts
have been established and the criminal court of justice tried military
offenders.
At the provincial level, there are appellate courts in Moundou,
Sarh, and Abeche that began to function during the year in addition to
those in N'Djamena. The Abeche Court of Appeals included four
functioning tribunals in Faya, Mongo, Biltine, and Ati. Eight
additional judges had duties in the various courts in the region.
The constitution and law mandate 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 five-judge judicial oversight commission has the power to conduct
investigations of judicial decisions and address suspected miscarriages
of justice. However, in contrast to the superior council, commission
members are appointed by the president, which increased executive
control over the judiciary and diminished the authority of the superior
council. Parties to judicial cases can appeal to the commission.
Trial Procedures.--Applicable law was sometimes confusing, as
courts tended to blend the formal French-derived legal code with
traditional practices, and customary law often superseded Napoleonic
law in practice. Residents of rural areas often lacked access to formal
judicial institutions, and legal reference texts were not available
outside the capital. In most civil cases, the population relied on
traditional courts presided over by village chiefs, canton chiefs, or
sultans. However, decisions can be appealed to a formal court.
The law provides for a presumption of innocence; however, in
practice many judges assumed a suspect's guilt, particularly in crimes
involving rape or theft. Trials are public and use juries, except in
politically sensitive cases. Defendants have the right to be present in
court. They also have the right to consult an attorney in a timely
manner; however, in practice detained persons were not always given
access to counsel. The law states that indigents should be provided
promptly with legal counsel, but this seldom occurred in practice.
Human rights groups sought to improve this situation and sometimes
provided free counsel themselves. Defendants, their lawyers, and judges
are permitted by law to question witnesses. Defendants 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
Muslim concept of dia, which involves a payment to the family of a
crime victim. The practice was common in northern 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. They accused the government of supporting dia
practices by permitting the existence of local tribunals, some of which
used Shari'a (Islamic law), unconnected with the Ministry of Justice.
On September 25, Mahamat Abdoulaye, president of the Development
and Peace Movement for Chad (a party allied with the ruling MPS) was
arrested and detained in the main prison of N'Djamena following
allegations that he made contact with rebel leader Timane Erdimi. On
November 9, Mahamat Abdoulaye was sentenced to three years in prison
for treason. Local human rights groups claimed that contact with a
rebel is insufficient grounds to find that an individual poses a danger
to the state, and that as such Abdoulaye's conviction was unfair.
Political Prisoners and Detainees.--There were reports that the
government held political detainees during the year.
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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution states that individuals have the
right to privacy, and that the home is inviolable. The constitution
allows for freedom of communication, but allows for it to be restricted
so as not to infringe on the rights of others, and to safeguard public
order and good morals. The government conducted illegal searches and
wiretaps and monitored private mail and e-mail. Security forces
regularly stopped citizens and extorted money or confiscated
belongings.
Home demolitions in N'Djamena, which began in 2008, continued into
the year. A September report by Amnesty International stated that tens
of thousands of persons had lost their homes since the demolitions
began. Officials continued to state that the homes were illegally built
on government-owned land that was needed for public works projects.
Several persons charged that the homes were destroyed without due
process, and took their cases to court. Many of the families had built
on land without having title to it, but others reportedly had title. At
year's end the court cases were pending.
The Ministry of Interior banned both the possession and use of
satellite telephones. Military and police personnel searched for and
confiscated satellite telephones.
There were occasions when police officers arrested family members
of suspects.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year fighting in the east between the government and rebel
groups continued and reportedly resulted in civilian deaths and the
destruction of homes and property. From May 4 to 7, Chadian rebels
mounted an attack, crossing from Sudan into the east of the country.
Government forces pushed the rebels back into Sudan. In December
fighting also occurred between government forces and rebels in the
vicinity of Tisse, in the southeast.
Groups, both large and small, of rebels renounced their rebel
associations during the year. The government permitted those who
renounced their rebel associations to integrate into the ANT or
civilian life without being arrested. On July 25, the government signed
a peace agreement with the NM, a rebel group coalition led by Ahmat
Hassaballah Soubiane. Soubiane was one of the 11 rebel leaders
sentenced in absentia in August 2008 to life in prison; he was granted
amnesty in December 2009. Between 2,000 and 3,000 rebels had returned
to Chad by year's end.
A UN panel of experts found that the government continued to
support the Justice and Equality Movement (JEM), a Sudanese rebel
group. JEM vehicles and personnel continued to circulate in the east of
Chad.
There were no developments regarding the numerous cases of abuse
reported by the commission of inquiry to examine disappearances and
other abuses that occurred from January 28 to February 8--the period
before, during, and after the 2008 rebel attack on N'Djamena. In August
2008 the commission released a report that stated 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. During the year the government established an
additional subcommittee under the minister of justice to reexamine
cases discussed in the commission's report. No related trials occurred
during the year.
Although on a smaller scale than in previous years, interethnic
conflict and cross-border raids by Darfur-based militias continued.
Banditry was a severe problem; it increased during the year and
reduced the ability of humanitarian organizations to provide services.
Vast areas along the border with Sudan were not protected by the
government.
In 2007 the UN Security Council authorized the deployment of the
European Union Force (EUFOR) and a UN Mission in the Central African
Republic and Chad (MINURCAT) to protect civilians and promote human
rights and the rule of law in eastern Chad and northeastern CAR. On
March 15, EUFOR's mandate ended and all operational control was handed
over to MINURCAT per UN Security Resolution 1861 of 2009. MINURCAT's
mandate also includes supporting regional peace. As of September 30,
MINURCAT was 55 percent deployed. MINURCAT had trained and deployed 850
DIS personnel as of September. The DIS are Chadian forces responsible
for security in refugee camps, IDP sites, and key towns in the east.
Killings.--Persons were reportedly killed during fighting between
the government and rebels in the east.
Human Rights Watch stated that there were reports that government
forces committed extrajudicial killings of rebels, committed incidents
of sexual assaults, and used child soldiers during and after fighting
with rebels in Am Dam. According to Human Rights Watch, on May 7, ANT
soldiers summarily executed at least nine rebels and government tanks
killed civilians while crushing homes that government forces believed
to contain rebels. Human Rights Watch also reported that on May 7, ANT
soldiers reportedly sexually assaulted a girl and a woman in a
neighboring village.
There were no developments in the cases of civilian deaths
associated with the February 2008 rebel attacks and government
counterattacks.
Security forces killed other persons in the east during the year,
in addition to those reportedly killed during the fighting.
On March 22, a DIS commander in Farchana reportedly killed a
civilian during a private dispute. Gendarmes arrested the officer, and
he was charged with murder.
On June 8, three DGSSIE personnel in Goz Beida killed Denemadji
Rachel following a dispute with her at her family's shop.
On June 11, Colonel Hissein Khalifa was reportedly killed by
military personnel in Goz Beida following allegations that he was in
contact with rebel leaders.
There were no reported developments regarding the 2008 or 2007
ethnic clashes.
On April 7, a French soldier serving with EUFOR shot and killed two
other EUFOR soldiers and a MINURCAT soldier and later a Chadian
civilian. Authorities arrested the soldier the same day, and he was
sent back to France.
Abductions.--In February Mianadji Job disappeared while travelling
between N'Djamena and Abeche. His family asserted that the ANS
kidnapped him as a result of allegations that he sought to join a rebel
group. No investigation was undertaken to find him, although his case
was reported to the Justice Ministry.
There were developments regarding Haroun Mahamat Abdoulaye, a
sultan of Dar Tama. On July 20, authorities arrested Abdoulaye; he was
released several months later. Abdoulaye was previously arrested in
2007 along with others alleged to have links to rebels and detained
without charge.
There were no developments in the case of opposition leader Ibni
Oumar Mahamat Saleh, whom security forces arrested in February 2008,
and his whereabouts remained unknown.
The whereabouts of at least 135 rebels captured during the February
2008 attack on N'Djamena remained unknown at year's end.
Physical Abuse, Punishment, and Torture.--Security forces tortured,
beat, arrested, detained, and abused persons suspected of rebel
activity or collaboration with rebels.
Unexploded ordnance including landmines laid by government, rebel,
and foreign forces resulted in civilian deaths. For example, unexploded
ordnance killed six children in Koukou Angarana and Goz Beida following
the fighting in May; and on October 1, unexploded ordnance killed four
children and injured another person in Kawa.
Government forces, organized groups, and bandits raped civilians.
Female refugees and IDPs were subjected to rape (see section 2.d.).
The DIS included 87 women as of September. Humanitarian workers
reported that having female security force members patrolling camps
gave more confidence to female refugees to report gender-based
violence.
Child Soldiers.--The law prohibits the use of child soldiers;
however, child soldiers were used by the ANT, Chadian rebel groups, the
JEM, and other armed groups. There were reports that the DGSSIE also
used child soldiers.
Armed groups from both Chad and Sudan, including JEM, recruited
children from refugee camps along the eastern border.
The UN Children's Fund (UNICEF) reported the government took steps
during the year to eliminate the use of child soldiers, but in some
areas recruitment continued. During August and September, military
officials, along with representatives of international organizations,
visited security force installations in Abeche, N'Djamena, Moussoro,
and Mongo to identify child soldiers and raise awareness regarding the
prohibitions against their use.
The government transferred 240 child soldiers to UNICEF for
reintegration and rehabilitation during the year. Most of the children
were formerly associated with rebel groups. For example, on June 12,
the government turned over to UNICEF approximately 80 child soldiers
who were part of an estimated 200 rebels captured during the fighting
in early May. The government cooperated with international efforts to
provide rehabilitation services.
Other Conflict-Related Abuses.--Armed groups and bandits attacked
humanitarian and human rights NGO workers, and during the year such
attacks increased. Insecurity severely hindered the ability of
humanitarian organizations to provide services, including food
distribution, to refugees and IDPs. Humanitarian organizations
temporarily suspended or limited activities due to insecurity.
During the May rebel attack, the UN suspended humanitarian services
in several locations.
During the year humanitarian and human rights NGO vehicles were
hijacked, numerous convoys were attacked and looted, and humanitarian
offices were robbed. Humanitarian workers were killed during the year.
Individuals in uniform demanded the payment of bribes from humanitarian
workers in vehicles in exchange for safe passage. Armed men also
abducted humanitarian NGO workers.
On August 4, armed men attacked a Medecins Sans Frontieres Holland
compound and abducted one local and one international staff member. The
local staff member escaped soon after. The assailants held his
colleague until September 1.
On November 7, north of Ade, six armed men attacked a vehicle
carrying members of the humanitarian NGO Solidarites. Driver Adoum
Makaila died from his injuries.
On November 9, in Kawa, armed men abducted ICRC international staff
member Laurent Maurice. He was still held at year's end.
Armed bandits also attacked government officials.
For example, on October 24, armed men killed Michel Mitna, head of
the Guereda office of the government's National Commission for the
Reception and Reinsertion of Refugees. He was returning from Kounoungo
Camp. The bandits also injured Mitna's driver.
There were no developments regarding the 2008 killing of NGO Save
the Children director Pascal Marlinge.
The overall number of IDPs decreased from 185,000 in August 2008 to
167,000 in January 2009. In September there were approximately 168,000
IDPs.
With less frequency than in previous years, attacks continued to
occur throughout the east by janjaweed-like mounted raiders from Sudan,
Chadian rebels, and Chadian ethnic militias, both Arab and non-Arab.
Chadians regularly moved to and from Sudan. The movements reflected
seasonal migration but were also in response to insecurity.
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, but it allows for
these to be restricted so as to not infringe on the rights of others,
and to safeguard public order and good morals. The constitution
prohibits propaganda of an ethnic, regionalist, or religious nature
that affects national unity or the secular nature of the state;
however, the government did not respect these rights in practice, and
the February 2008 presidential decree that revised the press law to
include additional restrictions on speech and the press remained in
effect. Journalists and publishers practiced self-censorship.
The 2008 press law revisions include punishments that can include
imprisonment for three to five years for articles whose purpose is to
cause tribal, racial, or religious hatred. The revisions provide for
increased penalties, including imprisonment, for defamation of the
courts, security forces, and public administration. Offending the
president is punishable by one to five years' imprisonment and/or a
fine, as is publicly offending foreign high-level government officials.
Conspiring with the enemy is punishable by up to three years'
imprisonment and/or a fine. The revisions also include additional
requirements for establishing a newspaper. Human rights organizations
and newspapers criticized the restrictions. There were no reports the
government enforced the law during the year.
Individuals who publicly criticized the government often faced
reprisal (see section 1.d.). There were reports that the government
attempted to control criticism by monitoring meetings of the political
opposition and that the government attempted to intimidate its critics.
The government owned the newspaper Info Tchad and influenced
another, Le Progres. Government-controlled media were subject to
censorship but sometimes criticized the government. Independent print
media often criticized the government.
The government deported a journalist and temporarily suspended
publication of a newspaper owned by an opposition figure. On October
14, authorities deported the editor of La Voix du Tchad, Innocent
Ebode, a Cameroonian. Authorities stated that he did not have a proper
authorization to be in the country. However, it was also widely
believed that he was deported in part as a result of a piece he wrote
that included comments critical of President Deby. On December 3, the
High Council for Communications (HCC) ordered La Voix du Tchad to cease
publication because it was not licensed.
Radio remained the most important medium of mass communication.
Government-owned Radiodiffusion Nationale Tchadienne had several
branches. There were numerous private radio stations that broadcast
throughout the country, many of them owned by religious organizations,
including 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 $11,000) per year, 10 times the fee for radio stations
owned by nonprofit NGOs. The HCC monitored and censored the content of
radio station programming.
The government owned and operated the only domestic television
station but did not interfere with reception of channels originating
outside the country.
The government censored the media by restricting content through
laws and other mechanisms. Some journalists in rural areas reported
that government officials warned them not to engage in any contentious
political reporting. In addition, some domestic journalists claimed the
government restricted their ability to cover some events or visit
certain locations and limited their access to high-ranking officials,
restrictions the government did not impose on foreign journalists.
On May 14, in N'Djamena, a local journalism association convened
local media professionals to discuss difficulties faced by journalists.
Internet Freedom.--There were no government restrictions on access
to the Internet; however, the government reportedly monitored e-mail.
Although increasingly available to the public at Internet cafes, most
persons could not afford Internet access. Lack of infrastructure
limited public access elsewhere. According to International
Telecommunication Union statistics for 2008, 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 but allows
for it to be restricted so as not to infringe on the rights of others,
and to safeguard public order and good morals. The government did not
respect this right in practice. The law requires organizers of
demonstrations to notify the government five days in advance.
On January 14, police reportedly broke up a protest against high
costs of living and a government ban on the use of charcoal.
There were no developments regarding the violent dispersal of
demonstrators in 2008 and 2007.
Freedom of Association.--The constitution and law provide for
freedom of association, but allow for it to be restricted so as not to
infringe on the rights of others and to safeguard public order and good
morals. The government respected this right in practice.
An ordinance requires prior authorization from the Ministry of
Interior before an association, including a labor union, may be formed;
however, there were no reports that the ordinance was enforced. The
ordinance also allows for the immediate administrative dissolution of
an association and permits authorities to monitor association funds.
c. Freedom of Religion.--The law provides for religious freedom but
allows for it to be restricted so as not to infringe on the rights of
others, and to safeguard public order and good morals. The government
continued to restrict some religious organizations and practices. The
law also provides for a secular state; however, some policies favored
Islam in practice. For example, a committee composed of members of the
High Council for Islamic Affairs and the Directorate of Religious
Affairs in the Ministry of Interior organized the Hajj and the Umra.
The 2007 ban on all forms of street-corner evangelization and
preaching remained in effect.
The government continued to ban Al Mountada al Islami, the World
Association for Muslim Youth, the Mecca Al-Moukarrama Charitable
Foundation, and Al Haramain Charitable Foundation for promoting
violence to further religious goals.
The Islamic religious group Faid al-Djaria remained banned on the
grounds that its religious customs, including men and women singing and
dancing together in religious ceremonies, were un-Islamic.
Societal Abuses and Discrimination.--Although the different
religious communities generally coexisted without problems, there were
reports of tensions between the High Council for Islamic Affairs and
fundamentalist elements within the Muslim community. During the year
there were regular meetings between key religious leaders of all faiths
to discuss peaceful collaboration among groups.
There was no known Jewish community and no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the constitution and law
provide for freedom of movement, foreign travel, emigration, and
repatriation, in practice the government imposed some 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 them, and in some cases killing them.
The activities of 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.
Internally Displaced Persons (IDPs).--The estimated overall number
of IDPs decreased from 185,000 in August 2008 to 167,000 in January
2009. In September there were approximately 168,000 IDPs.
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. The government did not attack
IDPs or forcibly return or resettle them under dangerous conditions.
Protection of Refugees.--The country is party to the 1951
Convention relating to the Status of Refugees, its 1967 Protocol, and
the 1969 African Union Convention Governing the Specific Aspects of the
Refugee Problem in Africa. The law, however, does not provide for the
granting of asylum or refugee status in accordance with the 1951
convention and its 1967 protocol, but the government has established a
system for providing protection to refugees.
In practice the government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
In November the number of Sudanese refugees from Darfur in the
country was 253,000; most of these refugees were located in 12 camps
along the eastern border with Sudan. The number of refugees from CAR
increased from 56,000 in June 2008 to about 70,000 in 2009. Most of
those refugees lived in five camps in the south. Most new refugees from
CAR that arrived during the year were located near Daha, in the
southeast. There were also approximately 5,000 refugees of various
nationalities living 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 were frequently
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
armed groups continued (see section 1.g.). Women were raped in and near
refugee camps, including by ANT soldiers. Antirefugee sentiment among
citizens living in refugee-affected areas was high, due to competition
for local resources such as wood, water, and grazing land, and because
Sudanese refugees received goods and services that were not available
to the local population.
A September Amnesty International report documented cases of rape
inside and outside of refugee camps that occurred both during the year
and in previous years. Rapes were committed by ANT personnel, organized
groups, bandits, and other refugees. Amnesty International received
reports of rape and violence against refugees committed by staff of
humanitarian organizations. According to Amnesty International, the NGO
staff in the reported cases were removed from their jobs. A May report
by the NGO Physicians for Human Rights also discussed cases of female
Darfuri refugees being raped in Chad.
The DIS aided in protection of refugee and IDP camps in the east
(see section 1.g.). UNICEF reported that the DIS investigated cases of
adults who reportedly forced children into prostitution in refugee
camps.
Information on whether the government provided temporary protection
to individuals who may not qualify as refugees under the 1951
convention or the 1967 protocol was not available.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the constitution and law provide citizens with the right
to change their government, the government continued to limit this
right in practice. The executive branch dominated the other branches of
government.
Elections and Political Participation.--In 2006 President Deby,
leader of the ruling MPS, was reelected to a third term in what
unofficial observers characterized as an orderly but seriously flawed
election that was boycotted by the opposition. The government had
dismissed appeals from the opposition, civil society, religious groups,
and some members of the international community to postpone elections
and organize a national dialogue. Observers noted low voter
participation, underage voting, multiple voting, and other
irregularities.
In August 2007 the government and the opposition coalition signed
an agreement that delayed communal and legislative elections,
originally scheduled for 2005, until 2009; however, legislative
elections did not take place during the year. There was progress in
implementing other provisions of the 2007 agreement. The government and
the political opposition worked together and with the National Assembly
to implement elements of the accord. This included conducting a
population census, issuing a decree pertaining to the electoral code,
adoption of new legislation on political parties, and the creation of
an independent national electoral commission.
There were approximately 120 registered political parties at year's
end. Political parties were subject to outside interference. During the
year opposition leaders were subject to harassment, but unlike in the
previous year none disappeared. Opposition political leaders accused
the government of co-opting politicians to run as MPS members in local
elections or to cross the aisle in the National Assembly, and alleged
that the military intimidated party members who refused to cooperate.
Parties allied with the government generally received favorable
treatment. Northerners, particularly members of the Zaghawa ethnic
group, including the Bideyat subclan to which the president belongs,
continued to dominate the public sector and were overrepresented in key
institutions of state power, including the military officer corps,
elite military units, and the presidential staff.
There were 10 women in the 155-seat National Assembly. There were
five women among 41 ministers in the cabinet.
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. Officials
frequently engaged in corrupt practices. The World Bank's most recent
Worldwide Governance Indicators reflected that corruption was a severe
problem.
On August 26, the International Crisis Group released a report
regarding the relationship between governance and revenues from the
Chad-Cameroon oil pipeline project. According to the report, the
government did not transparently award contracts 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, a committee
established to involve civil society in the management of oil revenues.
The Ministry of Moralization is responsible for fighting corruption
and carried out anticorruption seminars for government employees.
During the year the ministry reported several cases of bribery,
embezzlement, misappropriation, and financial mismanagement. This
included 1.5 billion CFA (approximately $3.2 million) in false
contracts made by officials at the ministries of education and finance;
810 million CFA ($1.7 million) missing from the National Office for
Food Security; 244 million CFA ($522,000) stolen from the regional
treasury in Moundou; and 120 million CFA ($257,000) embezzled from the
municipality and regional treasury in Sarh.
On August 15, the Ministry of State Oversight stated that it had
initiated 35 legal cases against 141 government officials charged with
embezzlement and misappropriation of public funds during the year.
During the year the government dismissed several government agents
from their jobs for corruption and embezzlement, including high-profile
officials such as the director general of the National Social Insurance
Fund (CNPS); the commercial director of CotonChad, the state-owned
cotton company; and the chief officer of the Land Registry Office
(Cadastre).
In August and September, authorities arrested and detained the
following officials on suspicion of corruption: the financial oversight
officer of the Ministry of Finance, the Treasury bursar, both the then-
current and the former administrative, material, and financial
directors at the Ministry of Education, the director general of CNPS,
the chief officer of the Cadastre, and the former head of the HCC.
The College for the Control and Monitoring of Oil Resources
published its report for 2008 on December 22, 2009. It identified
deficiencies that included insufficient coordination between ministries
and with local officials, lack of qualified personnel to implement and
oversee poverty reduction projects, and the inability of the government
to fully complete or to provide sufficient resources for ongoing
projects. The report thanked the Ministry of Morality, which includes
the office of corruption, and the Ministry of Infrastructure and
Transport for positive cooperation with the college in 2008. The
government had taken no clear action on findings in the college's
previous reports by year's end.
The law does not provide for public access to government
information, although the government provided such access to
government-employed journalists. 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
The government continued to obstruct the work of domestic human
rights organizations.
On June 9, authorities arrested a human rights activist after he
made a radio report critical of the police (see section 1.d.).
On October 23, unknown persons went to the home of LTDH president
Massalabaye Tenebaye; he was not at home and they left. Between October
13 and 16, unknown persons also followed Tenebaye.
There were two principal local human rights organizations, the
ATPDH and the LTDH. These and smaller human rights organizations worked
together through an umbrella organization, the Association for Human
Rights.
Government officials generally were accessible to human rights
advocates but were often unresponsive or hostile to their findings.
Nevertheless, such groups were able to investigate and publish their
findings on human rights cases.
On October 27-28, the government held a human rights forum in
Abeche. In August it held a similar forum in N'Djamena.
During the year unidentified assailants and armed bandits also
attacked numerous NGO employees during the year, resulting in deaths
and injuries (see section 1.g.). The lack of security in the east
reduced the ability of humanitarian organizations to provide services.
Despite pressure from the government, human rights groups were
outspoken in publicizing abuses through reports, press releases, and
the print media, but only occasionally were they able to intervene
successfully with authorities.
The government continued to obstruct the work of international
human rights organizations, such as the NGO Human Rights Watch.
The government cooperated with international governmental
organizations and permitted visits by UN representatives. Between
February 3 and 9, the UN representative of the secretary general on the
human rights of IDPs, Walter Kailin, visited the country. His report
expressed concern regarding child recruitment and gender-based violence
at IDP sites, and crimes committed with impunity against IDPs and
humanitarian workers. The assistant secretary-general for rule of law
and security institutions in the Department of Peacekeeping Operations
(DPKO) Dmitry Titov also visited the country in February.
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. The
government favored its ethnic supporters and allies.
Women.--Rape is prohibited and punishable by hard labor. Rape,
including of female refugees, was a problem (see section 2.d.); no
reliable data was available. The law does not specifically address
spousal rape. Although police often arrested and detained perpetrators,
rape cases usually were not tried and in most cases suspects were
released.
Although the law prohibits violence against women, domestic
violence, including spousal abuse, was common. Wives traditionally were
subject to the authority of their husbands, and they had limited legal
recourse against abuse. Although family or traditional authorities
could provide assistance in such cases, police rarely intervened.
Information on the number of abusers who were prosecuted, convicted, or
punished was not available.
In some places girls and women may not visit the site where an
initiation ceremony is to take place. If a woman or girl violates this
prohibition, under traditional custom the village leaders can kill her,
although there were no reports of this occurring during the year.
The law prohibits prostitution; however, it was prevalent in larger
urban areas and in the south.
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. The ratio of
midwives to women of childbearing age was one to 14,800. Ten percent of
married women in N'Djamena used contraceptives during the year. Five
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 for which 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.
The government, with assistance from the UN, launched an awareness
raising campaign to combat gender-based violence. This included raising
awareness regarding rape, sexual harassment, female genital mutilation
(FGM), discrimination against women, and early marriage.
Children.--The law provides for citizenship to be derived by birth
within the country's territory and from ones' parents; however, in
practice children born to refugees from Sudan were not always
considered citizens. Children born to refugees from CAR were generally
granted Chadian citizenship. The government did not register all births
immediately.
By law education is universal and free, and primary education is
compulsory between the ages of six and 11; however, in practice parents
were required to pay tuition to public schools beyond the primary
level. Parents were required to pay for textbooks, except in some rural
areas. Parent-teacher associations hired and paid approximately half of
teachers, without government reimbursement. Schools did not exist in
many locations. Most children did not complete primary education.
Educational opportunities for girls were even more limited than for
boys. Girls' enrollment in primary school was lower than that of boys.
Most children did not attend secondary school, where enrollment of
girls was lower than that of boys.
Several human rights organizations reported on the problem of the
mouhadjirin, children who attended certain Islamic schools and whom
their teachers forced to beg for food and money. There was no reliable
estimate of the number of mouhadjirin.
Children who were refugees or IDPs had limited access to services
such as education and health care, although refugee access to such
services and care sometimes exceeded that of surrounding Chadian
populations.
Child abuse remained a problem.
The law prohibits the practice of female genital mutilation (FGM);
however, FGM 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, conducted
public awareness campaigns to discourage the practice of FGM and
highlight its dangers as part of its efforts to combat gender-based
violence. UNICEF reported that the campaign encouraged persons to speak
out against FGM and other forms of abuse against women and girls.
Although the law prohibits sexual relations with a girl younger
than 14, even if she is married, the ban was rarely enforced. Families
arranged marriages for girls as young as 12 or 13; the minimum legal
age for engagements is 11. The law prohibits forced marriages of anyone
younger than age 18 and provides for imprisonment of six months to two
years and a fine of 50,000 to 500,000 CFA ($107-1,171). However, forced
marriage of girls was a serious problem, including among refugees. The
custom of buying and selling child brides continued to be 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 government and other armed groups continued to use child
soldiers (see section 1.g.).
Armed bandits kidnapped children to obtain ransom in the Mayo-Kebbi
Ouest Region (see section 1.b.).
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, traffickers could be prosecuted under
statutes prohibiting child abduction, sale of children, child labor,
forced labor, and commercial sexual exploitation. Children were
trafficked to, from, and through the country, as well as internally.
Cross-border trafficking was not as common as internal trafficking.
Children were trafficked for forced labor and commercial sexual
exploitation. The majority of child victims were trafficked within the
country for domestic servitude, forced begging, forced labor in cattle
herding, fishing and street vending, and commercial sexual
exploitation. Children from Cameroon and CAR were trafficked for
commercial sexual exploitation to the country's oil-producing regions.
Chadian children were trafficked to Cameroon, CAR, and Nigeria for
cattle herding.
Girls sold or forced into child marriages were forced by their
husbands into domestic servitude and agricultural labor.
The majority of child trafficking occurred with parental consent;
parents gave children to relatives or an intermediary in exchange for
typically false promises of an education or apprenticeship for the
child, or for cattle or a small payment for the parents.
Armed groups recruited children, sometimes forcibly. The government
took some steps to eliminate the use of child soldiers in the army (see
section 1.g.).
UNICEF reported that the DIS investigated cases of adults who
reportedly forced children into prostitution in refugee camps. Armed
bandits kidnapped children to obtain ransom in the Mayo-Kebbi Ouest
Region (see section 1.b.).
There were no reported developments regarding the June 2008 case of
village chiefs arrested for selling children to herders or the July
2008 report that 108 children were being held by herders in Hahimtoki
village.
Police reportedly resorted to extrajudicial actions against
traffickers and child labor offenders, including beating them and
imposing unofficial fines.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities, and the government enforced this
prohibition. There were no laws or programs to ensure access to
buildings for persons with disabilities. The government operated a few
education, employment, or therapy programs for such persons. The
government, in conjunction with NGOs, continued to sponsor an annual
day of activities to raise awareness of 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 are concentrated regionally. They speak
128 distinct primary languages. Although most ethnic groups were
affiliated with one of two regional and cultural traditions--Arabs and
Muslims in the north, center, and east; and Christian or animist groups
in the south--internal migrations in response to urbanization and
desertification resulted in the integration of these groups in some
areas.
Societal discrimination continued to be practiced routinely by
members of virtually all ethnic groups and was evident in patterns of
employment, especially across the North-South divide. The law prohibits
government discrimination on the basis of ethnicity, although in
practice ethnicity continued to influence government appointments and
political alliances. Political parties and groups generally had readily
identifiable regional or ethnic bases.
Interethnic violence continued, particularly in the east and south
(see section 1.g.).
Clashes between herders and sedentary populations and other
interethnic violence that often concerned land use continued to be a
serious problem.
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 was societal
discrimination based on sexual orientation. There were no government or
civil society efforts to address discrimination based on sexual
orientation or gender identity.
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 continued to be practiced against persons
living with HIV/AIDS.
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 Interior is required. However, there were no reports that the
authorization requirement was enforced. The Ministry of Interior 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 must complete a mediation
process and must notify the government before striking. Employees of
several public entities deemed essential must continue to provide a
certain level of services. A 2008 International Trade Union
Confederation report stated that the law prolonged the period before a
strike can occur, and that the definition of essential services was
overly broad. The law permits imprisonment with forced labor as
punishment for participation in illegal strikes, but no such punishment
was imposed during the year.
During the year four Government National Radio (RNT) journalists
were not paid their monthly salaries and were relocated to less
prestigious positions outside the capital following their participation
in a strike.
On August 19, the minister of civil service issued an order to move
the head of the Civil Service Workers Union and his deputy to positions
outside the capital. The union linked this decision to a March strike
for salary increases and better workplace conditions. The union
threatened to go on strike again if the minister did not cancel the
decision to transfer. At year's end the union head and deputy had not
been moved.
On October 13, Michel Barka, president of the Chad Trade Union, was
followed by several vehicles, and then threatened with a gun.
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 forced child labor, occurred in the
informal sector. There continued also to be reports of forced labor
practices in the formal economy and isolated instances of local
authorities demanding forced labor by both children and adults in the
rural sector.
The law permits imprisonment with forced labor for participation in
illegal strikes.
Children were subjected to forced labor and commercial sexual
exploitation. The majority of forced child laborers were subjected to
domestic servitude, forced begging, forced labor in cattle herding,
fishing and street vending, or commercial sexual exploitation. Children
from Cameroon and CAR were trafficked and subjected to commercial
sexual exploitation in the country's oil-producing regions. Chadian
children were trafficked to Cameroon, CAR, and Nigeria for forced
cattle herding. Girls sold or forced into child marriages were forced
by their husbands into domestic servitude and agricultural labor.
Children were also recruited, sometimes forcibly, into armed groups
(see section 6, Children and Trafficking in Persons).
In January local human rights groups and the media reported that a
military officer abducted Ndessedibaye Neloumra and Nanalta Clement
from Sarh and transferred them to the North for forced labor. They were
tortured and injured before being released.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code stipulates that the minimum age for employment is 14, except
that children may work as apprentices beginning at age 13. However, the
government did not enforce the law. Child labor, including forced child
labor, was a serious problem. The minimum employment age is not
consistent with the compulsory education age.
An estimated 20 percent of children between the ages of six and 18
worked in exploitive labor in the urban informal sector, according to a
study published in 2005 by the NGO Human Rights Without Borders.
Children throughout the country worked in agriculture and herding. They
also were employed in the commercial sector, particularly in the
capital, as street vendors, manual laborers, and helpers in small
shops. 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 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.
During the year a local NGO in Koumra reportedly rescued 150
children whose families had sold them to work as herders in the
southern departments of Mandoul and Moyen Chari.
Children who attended certain Islamic schools were sometimes forced
by their teachers to beg for food and money.
Some young girls were forced into marriages by their families and
then compelled to work in their husbands' fields or homes while they
were still too young to do so safely.
Government forces and rebel groups used child soldiers (see section
1.g.).
UNICEF reported that the DIS investigated cases of adults who
reportedly forced children into prostitution in refugee camps.
The Office of Labor Inspection is responsible for enforcement of
child labor laws and policies. As in previous years, the office
reportedly had no funding to carry out field work and investigations.
On August 21, the National School of Administration and Magistracy
graduated its first-ever class of labor inspectors. Twenty-eight
students participated in the program.
Police reportedly used extrajudicial actions against traffickers
and child labor offenders, including beating them and imposing
unofficial fines.
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 to educate parents and civil society on the
dangers of child labor, particularly for child herders, continued.
e. Acceptable Conditions of Work.--The labor code requires the
government to set minimum wages, and the minimum wage at year's end was
28,000 CFA ($60) 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 an unbroken 48-hour rest period per week; however, these
rights rarely were enforced.
The labor code mandates occupational health and safety standards
and gives inspectors the authority to enforce them; however, these
standards were generally ignored in the private sector and in the civil
service.
Workers had the right to remove themselves from dangerous working
conditions; however, in practice they could not leave without
jeopardizing their employment. The labor code explicitly protects all
workers, including foreign and illegal workers, but the protections
provided were not always respected in practice.
__________
COMOROS
The Union of the Comoros is a constitutional, multiparty republic
of 748,000 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
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 March 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. In June 2008 Moussa Toybou was elected president of
Anjouan in a generally free and fair process. Civilian authorities
generally maintained effective control of the security forces.
The Union government and the three island governments generally
respected the human rights of their citizens, although there were some
areas of concern. Problems on all three islands included poor prison
conditions; restrictions on freedom of movement, press, and religion;
official corruption; discrimination against women; child abuse; and
child labor.
RESPECT FOR HUMAN 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 Union government or its agents committed arbitrary or
unlawful killings.
Civil society representatives on Anjouan reported in March 2008
Nadiati Soimaddine died from injuries inflicted during torture by
Mohamed Bacar's security agents. Soimaddine was accused of supporting
Union president Sambi. There were no developments in the case.
b. Disappearance.--There were no reports of politically motivated
disappearances. Civil society representatives reported those detained
in Anjouan prior to March 2008 had been released.
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. Unlike in the
previous year, there were no reports of rape, torture, illegal
detention, and forced exile committed by regime gendarmes in Anjouan.
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.
There were no other developments on any of these 2008 cases.
For example, in January 2008 Bacar's security forces arrested
Mohamed Attoumane for listening to a radio program from the national
radio station. Attoumane was tortured and released a day after his
arrest. There were no developments in this case.
In February 2008 Bacar's forces detained and tortured Soulaimana
Bacar and several unnamed friends. Bacar, who suffered a broken foot
and arm, was held incommunicado and transferred between unknown
locations before his release. There were no developments in the case.
Also in February 2008 Bacar's forces arbitrarily detained and beat
Attoumane Houmadi, whom they held until his family paid for his
release. There were no developments in the case.
Some persons released during the year had been held for months by
Bacar regime security forces. For example, Abdallah Ahmed Ben Ali, who
was arbitrarily arrested in 2007, was repeatedly tortured until his
March 2008 release. There were no developments in the case.
Prison and Detention Center Conditions.--Prison conditions remained
poor. Common problems included inadequate sanitation, overcrowding,
inadequate medical facilities, and poor diet.
There were approximately 150 prisoners incarcerated in Moroni
prison. At year's end one female prisoner was being held; no juveniles
were being held. During the year there were no recorded deaths of
prison inmates.
Authorities held pretrial detainees with convicted prisoners.
Unlike in the previous year, there were no reports detainees on Anjouan
were being held in shipping containers.
The government permitted visits by independent human rights
observers. In an August 2008 visit, a Comoran human rights organization
and the local Red Crescent Society stated the Union government met
international standards in its detention, on Grande Comore, of
officials from the Bacar regime.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions.
On August 7, 10 high-ranking members of the Grande Comore island
administration were arrested for resisting the attempts of national
gendarmes to retake possession of offices, vehicles, and other property
of the island authority. These officials have since been released.
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). The
previously separate Anjouan gendarmerie was incorporated into the Union
structure. Each of the three islands also has its own local police
force under the authority of its ministry of interior.
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.
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.
After March 2008 the Union government detained approximately 50
civilian and military officials of the Bacar regime. All but one have
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.
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.
The seven-member Constitutional Court includes a member appointed
by the president of the Union, a member appointed by each of the two
Union vice presidents, a member appointed by each of the three island
government presidents, and one appointed by the president of the
National Assembly. Minor disputes can be reviewed by the civilian court
of first instance, but they were usually settled by village elders
outside of the formal structure. The head of state appoints magistrates
by decree.
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 shari'a (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. The law allows defendants to question witnesses and present
their own witnesses. Witnesses 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
and impartial judiciary for civil matters, but formal courts had
insufficient resources and were corrupt. Administrative remedies were
rarely available, although citizens with influence had access to such
alternatives. Court orders were inconsistently enforced.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Union government
partially limited press freedom, and journalists on all three islands
practiced self censorship.
Individuals could generally criticize the Union government publicly
or privately without reprisal.
There is a government-supported newspaper and six independent
newspapers.
No action was taken against Anjouan gendarmes involved in the 2007
arrest and beating of four journalists or the 2007 arrest and detention
of radio reporter Elarifou Minihadji of the Comoran Foundation for
Human Rights. Minihadji was released after one week. The four
journalists were released when Anjouan was liberated in March 2008.
There is independent radio on all three islands. One government
radio station operated on a regular schedule. Small community radio
stations operated 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 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 3.48 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.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the government did not always respect this right. Security
forces wielding batons dispersed protesters after the referendum on
Mayotte (March 29), before and after the referendum on the constitution
(May 17), and after the announcement of election results on Anjouan
(December 23).
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.--The constitution provides for freedom of
religion, but the penal code prohibits proselytizing for religions
other than Islam. The referendum of May 17, which modified the
constitution, also states ``Islam is the state religion,'' but in
practice there was no change in the legal status of religious freedom.
Prosecutions for proselytizing are rare and have not resulted in
convictions in recent years. Although the government allows organized
religious groups to establish places of worship, train clergy to serve
believers, and assemble for peaceful religious activities, most non-
Muslim citizens did not openly practice their faith for fear of
potential legal repercussions for proselytizing.
Societal Abuses and Discrimination.--Christians, who constitute
less than 1 percent of the population, continued to experience societal
discrimination and intimidation. Societal pressure effectively
restricted the use of the country's three churches to noncitizens.
Family and community members harassed those who joined non-Muslim
faiths.
There was no known Jewish population, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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 and foreign travel, and the
government generally respected these rights in practice. No specific
constitutional provisions deal with emigration and repatriation.
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 UN
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, Anjouan
voters selected three to run in the national election, which Ahmed
Abdallah Mohamed Sambi won. International observers considered the
elections free and fair. The 2006 inauguration of President Sambi was
the first peaceful and democratic transfer of power in the country's
history. The constitution thus restricts, by island, 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 June 2008; these were also considered generally free and
fair.
On May 17, a national referendum was held on proposed modifications
to the current constitutional system. The proposed changes would
significantly affect the titles, powers, and terms of various office
holders, including President Sambi (who would see his term of office
extended by one year). 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.
On December 6 and December 20, 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.
More than 20 political parties operated without restriction and
openly criticized the Union government.
There was one woman in the 33-member national assembly. No
minorities held national assembly seats or Union or island ministerial
posts.
Section 4. Official Corruption and Government Transparency
Corruption was a serious problem. 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. 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
also reflected that corruption was a serious issue.
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, sex, disability,
language, or social status; however, there was discrimination against
women.
Women.--Rape is illegal, punishable by imprisonment of five to 10
years or up to 15 years if the victim is younger than 15 years of age.
However, the government did not enforce the laws on rape effectively.
The law does not specifically address spousal rape, which is a problem.
Statistics are scarce since many of these situations are settled within
families or by village elders without recourse to the formal court
system. Authorities believe the problem is more widespread than
statistics indicate, and overall sexual violence is a problem. For
example, more than half of the inmates in Moroni prison are held for
crimes of sexual aggression.
The law prohibits domestic violence, but the government did not
take any action to combat violence against women. Although women can
seek protection through the courts in such cases, extended family or
village elders customarily addressed such problems.
Domestic violence cases rarely, if ever, enter the formal court
system.
Prostitution is illegal and was not openly practiced except at a
few hotels frequented by foreigners. Arrests for prostitution were
rare.
Sexual harassment is illegal and punishable by up to 10 years'
imprisonment. Although rarely reported due to societal pressure, such
harassment was nevertheless a common problem, and the government did
not effectively enforce penalties against it.
Couples and individuals are free to choose the number and spacing
of their children. The contraceptive prevalence rate is approximately
15 percent among women of childbearing age. 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. There is a general lack of adolescent reproductive
health information and services, leading to unwanted pregnancies and
increased morbidity and mortality among adolescent girls. 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. 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
faced societal pressure to do so.
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 not free. Teacher
strikes over nonpayment of salaries interrupted school several times
during the year. Boys generally had greater access to schools than
girls.
Although there are no official statistics on child abuse, it was
common and often occurred when impoverished families sent their
children to work for wealthier families. A 2002 UN Children's Fund
study found that child abuse, including sexual abuse, was widespread
and often occurred at home. There also were reports teachers raped
students.
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 they
were not considered serious problems. The age of consent is 13. 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 ($462 and
$6,154).
Trafficking in Persons.--The constitution and laws do not prohibit
trafficking in persons; however, there were no reports persons were
trafficked to, from, through, or within the country.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution and laws do not
prohibit discrimination in employment and public services or mandate
access to buildings for persons with disabilities.
HANDICOM, 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 ($154 to $3,077). However, no case
of this nature has come before the courts. No public debate on the
issue is held, and persons targeted for sexual orientation or gender
identity did not publicly discuss their sexual orientation due to
societal pressure. There are no lesbian, gay, bisexual, and transgender
(LGBT) 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 abusive dismissal practices.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to bargain collectively, although employers set wages in the
small private sector, and the government, especially the ministries of
finance and labor, set them in the larger public sector.
The law does not prohibit antiunion discrimination by employers in
hiring practices or other employment functions. 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 accidents, fires,
and disasters. The Union's civil protection unit may oblige persons to
respond to disasters if it is unable to obtain sufficient voluntary
assistance; however, this has never occurred. There are no specific
prohibitions against forced or compulsory child labor, and it occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--Laws
exist to protect children from exploitation in the workplace, but the
government did not enforce such laws. There were no laws to prohibit
forced or compulsory child labor, and there were reports such practices
occurred. The law establishes 15 as the minimum age for employment.
Children worked in subsistence farming, fishing, in the informal sector
selling goods along roadsides, and extracting and selling marine sand.
Some children worked under forced labor conditions, particularly in
domestic service, roadside and market selling, and agriculture. In
addition, some Koranic schools arranged for poor students to receive
lessons in exchange for labor, which sometimes was forced.
Some families placed their children in the homes of wealthier
families where they worked in exchange for food, shelter, or
educational opportunities. Many children were not paid for their work.
The Ministry of Labor is responsible for enforcing child labor laws,
but it did not actively or effectively do so. The government took no
action to prevent 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 ($92). Although the
Union and local governments do not enforce a minimum wage, unions have
adequate authority to negotiate de facto minimum wage rates for
different skill levels. These provisions applied to all workers,
regardless of sector or country of origin. In practice unions enforce
this de facto minimum wage via their ability to strike against
employers. Despite strikes and other protests, the Union government was
unable to pay government employees, including low-level officials,
teachers, and medical workers, for several months due to budgetary
difficulties.
The law specifies a work week of 37 1/2 hours, one day off per
week, and one month of paid vacation per year. According to the law,
workers receive time and a half for overtime. These laws, like many
others, were not enforced. There was no prohibition on excessive
compulsory overtime; however, electricity shortages prevented overtime
work in most businesses. Employers, particularly the government, were
often 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.
Internal conflict in the eastern provinces of North and South Kivu,
driven to a large degree by the illegal exploitation of natural
resources, as well as a separate conflict in the Haut Uele and Bas Uele
districts of Orientale Province, in the northeast, had an extremely
negative effect on security and human rights during the year. An
interethnic tribal conflict in Equateur Province increased both the
refugee and internally displaced persons (IDP) populations and further
highlighted the fragile security situation.
At year's end, government control over many regions remained weak,
particularly in North and South Kivu provinces. Civilian authorities
generally did not maintain effective control of the security forces.
Military authorities sometimes did not maintain effective control of
the security forces. In instances where elements of the security forces
committed abuses, it was often difficult to determine whether they were
following orders or acting independently, particularly in the east.
There were extremely few reports of investigative, disciplinary, or
legal action by military or civilian authorities following the
commission of such abuses by security forces.
In all areas of the country, the government's human rights record
remained poor, and security forces continued to act with impunity
throughout the year, committing many serious abuses, including unlawful
killings, disappearances, torture, and rape. Security forces also
engaged in arbitrary arrests and detention. 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. Security forces retained and recruited child soldiers
and compelled forced labor by civilians. Members of the security forces
also continued to abuse and threaten journalists, contributing to a
decline in freedom of the press. Government corruption remained
pervasive. Security forces at times beat or threatened local human
rights advocates and obstructed or threatened UN human rights
investigators. Discrimination against women and ethnic minorities,
trafficking in persons, child labor, and lack of protection of workers'
rights continued to be pervasive throughout the country. Enslavement of
Pygmies occurred.
Armed groups continued to commit numerous, serious abuses--some of
which may have constituted war crimes--including unlawful killings,
disappearances, and torture. They also recruited and retained child
soldiers, compelled forced labor, and committed widespread crimes of
sexual violence.
In January the governments of the DRC and Rwanda accelerated
efforts to achieve a rapprochement, which they had initiated in late
2008. The two governments agreed to conduct joint military operations
in North Kivu Province, in eastern DRC, to pursue, disarm, and decrease
the capacity of the Democratic Forces for the Liberation of Rwanda
(FDLR), elements of extremist Rwandan Hutus whose leaders were
implicated in the 1994 Rwandan genocide. The military operations, which
were called Umoja Wetu (Swahili for ``Our Unity''), began on January
20. Days later, Rwandan authorities arrested General Laurent Nkunda,
leader of the Tutsi-led Congolese rebel group, the National Congress
for the Defense of the People (CNDP). Rwandan forces officially
withdrew from the DRC on February 25. Concurrently, the CNDP signed a
cessation of hostilities agreement with the government, agreeing to
integrate its forces into the Congolese Armed Forces (FARDC). According
to a December report by the international nongovernmental organization
(NGO) Human Rights Watch (HRW), the joint DRC-Rwandan operation
resulted in civilian deaths.
On March 23, the government signed separate peace agreements with
the CNDP, the North Kivu armed groups, and the South Kivu armed groups.
The rebel groups agreed to transform their movements from military to
political in nature, while the government promised to work toward
integrating rebel soldiers and officials into the FARDC, national
police, and national and local political and administrative units. The
FARDC, with support from the UN peacekeeping mission in the DRC
(MONUC), offered ex-combatants the opportunity to undergo ``accelerated
integration'' into the national army, allowing for an expeditious
transitioning of rebel forces into the national army without training
or other administrative controls. Among other commitments, both the
government and the rebel groups agreed to facilitate the return of
displaced persons and refugees to their places of origin. As part of
the peace agreements, the parliament passed, and the president signed,
an amnesty law that pardoned former members of armed groups for crimes
committed in the east during the fighting, other than crimes of
genocide, crimes against humanity, and war crimes.
The FARDC, with logistical support from MONUC, launched Operation
Kimia II, a military operation against the FDLR in North and South
Kivu, on March 2 and July 10, respectively. During the year Kimia II
facilitated the disarmament and repatriation of 1,522 FDLR combatants
and 2,187 FDLR dependents, the weakening of the FDLR military
structure, and improved relations between Rwanda and the DRC. MONUC
estimated that 1,114 FDLR members were killed during the operation,
while there were 1,714 civilian casualties in the Kivus. The rapid
integration process, from January to April, exacerbated the FARDC's
problems concerning discipline, pay, and command and control. In the
context of Kimia II, the FARDC and all armed groups continued to
perpetrate human rights abuses, with civilians frequently targeted in
attacks. The resulting humanitarian cost resulted in hundreds of
thousands of newly displaced persons in the region, an increase in
already rampant sexual violence, and a deteriorating human rights
situation.
The joint DRC-Uganda military operations against the Lord's
Resistance Army (LRA), which began in December 2008 in the Haut Uele
and Bas Uele districts of Orientale, continued throughout the year. The
operations succeeded in dislodging the LRA from its base camp,
significantly weakening the group's command and control structure.
Although LRA retribution against civilians increased in the early
stages of the operation, the level and intensity of LRA exactions
diminished during the course of the year, as the LRA scattered in
smaller groups with many members fleeing to neighboring countries.
On December 23, the UN Security Council extended MONUC's mandate
for five months, with the intention to further extend the mandate
following a comprehensive strategic review of MONUC's operations, and
underscored its commitment that the protection of civilians would
continue to be MONUC's principle and primary focus. Kimia II operations
officially ended on December 31.
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 politically motivated killings.
In the east security forces summarily executed civilians and killed
civilians during clashes with illegal armed groups (see section 1.g.).
There were several occasions during the year when members of
security forces arbitrarily and summarily killed civilians, sometimes
during apprehension or while holding them in custody, sometimes during
protests, and often for failing to surrender their possessions, submit
to rape, or perform personal services. In the cases below, which do not
comprise an exhaustive list of such killings during the year,
authorities neither investigated nor prosecuted any of the
perpetrators.
For example, according to the United Nations Joint Human Rights
Office (UNJHRO) in the country, on January 1, a Congolese National
Police (PNC) officer in Kolwezi, Katanga, shot and killed a young man
in a crowd that was protesting the prohibition of fireworks on New
Year's Day. In response, the angry crowd brought the body to the local
police station, broke into the station, beat a local policeman to
death, and looted neighboring shops.
According to the UNJHRO, on January 9, two Directorate General of
Migration (DGM) agents and two PNC officers beat a Tanzanian man to
death in Lubumbashi, Katanga, following his arrest for allegedly
carrying false identity documents.
According to the UNJHRO, a woman in Njingala, North Kivu, died from
injuries she sustained on April 10 during a gang rape by 10 FARDC
soldiers who invaded her home.
FARDC intelligence officers tortured a man to death on April 29 in
Kamandi Lac, North Kivu, according to the UNJHRO. The victim reportedly
had refused to become involved in an illicit business activity.
Authorities took no further action on the January 2008 killing of a
civilian in Bulukutu, Equateur, by a PNC officer, or the February 2008
killing of an artisanal miner in Katanga by a police officer attached
to the Provincial Mining Office in Kalukalanga.
In October, at the invitation of the government, UN special
rapporteur on extrajudicial, summary, or arbitrary executions
(UNSRESAE) Philip Alston visited Bas-Congo Province, in the west, to
investigate the deaths of at least 205 members of the Bundu Dia Kongo
(BDK), a political-religious group seeking greater provincial autonomy
during two demonstrations in February 2008 and 2007. Investigative
reports by the UNJHRO in 2008 and 2007 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, Alston found that authorities had not held to
account any of the security force members responsible for the killings.
During Alston's visit, the governor ordered the mayor of Kisantu to
prevent him from interviewing witnesses or holding any meetings; upon
Alston's departure, police arrested the person who had tried to arrange
meetings for him, which required Alston to return to Kisantu to secure
his release. Alston lodged a formal complaint with the government.
There were no developments in the March 2008 case of a FARDC
soldier who shot and killed a civilian in Mahagi Port, Orientale.
There were no reports authorities apprehended the police chief in
Sota, Ituri District (Orientale), who escaped arrest in January 2007
after he and his assistant subjected a detainee to cruel and inhuman
treatment, resulting in his death. Attempts to determine whether the
assistant remained in detention or had been tried were unsuccessful.
Authorities took no action against a navy corporal for the 2007
killing of a university student in Goma, North Kivu.
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.
Local human rights NGOs reported that a police officer in Mabikwa,
Maniema Province, who beat a man to death in 2007 before going into
hiding, had returned, but authorities took no action against him.
No action was taken against FARDC soldiers who tortured to death
two suspects at Uvira Central Prison in South Kivu in 2007 or against
Mobile Intervention Group (GMI) officers for the 2007 killing of an
inmate at Buluwo Prison in Katanga. However, according to a local human
rights NGO, Volunteer Office in the Service of Children and Health
(BVES), local authorities announced an investigation in the Uvira case;
no additional information was available.
During the year the human rights NGO African Association for the
Defense of Human Rights (ASADHO) stated that it did not attempt to
conduct further field investigations of a 2004 massacre of 73 residents
of Kilwa, Katanga, because Katangan government officials prevented the
NGO, as well as the victims' foreign attorneys, from visiting Kilwa in
2008. 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 reports of authorities taking action in the 2007
killing of a police officer by civilians in Bukavu, South Kivu.
Illegal armed groups, including rebel groups and community
militias, committed unlawful killings during the year (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 (see sections 1.c. and 1.d.).
According to a report released in April by ASADHO, 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 the
year. Their whereabouts remained unknown at year's end.
In February the UN Working Group on Enforced or Involuntary
Disappearances (UNWGEID) reported to the UN Human Rights Council
(UNHRC) that, as of November 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).
Armed groups operating outside government control kidnapped
numerous persons, generally for forced labor, military service, or
sexual services. Many of the victims disappeared (see section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law does not specifically criminalize torture, and
during the year there were many credible reports by informed sources
that security services tortured civilians, particularly detainees and
prisoners, and employed other types of cruel, inhuman, and degrading
punishment. 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 security forces responsible for these acts.
The UNJHRO reported several cases of torture and cruel, inhuman,
and degrading treatment. For example, on January 12, ANR agents in
Kabimba, Katanga arrested a man accused of possession of stolen goods.
The agents severely beat him and left him bound and exposed to the sun
for five hours before transferring him to a detention cell and denying
him food and water for 48 hours. Authorities had taken no action
against the agents by year's end.
On February 14, several FARDC soldiers from the 2nd Integrated
Brigade severely beat and used bayonets to stab two women in Butembo,
North Kivu, during a break-in at the women's home. Authorities had
taken no action by year's end.
On February 23, five PNC officers in Kaleba, Katanga, tied a man to
a post, exposed him to the elements for two days, and then severely
beat him to extort 180,000 Congolese francs ($200). According to the
victim, the local PNC commander routinely ordered the torture of
civilians to extort money. Authorities had not taken any action against
the police officers or their commander as of year's end.
According to the local NGO Voice of the Voiceless for Human Rights,
three Republican Guard (GR) soldiers named Vandome, Jean-Paul, and
Mapendo hung two civilians from a tree the night of May 17 in
Kahungula, Bandundu, and severely beat them until the next morning
while trying to find diamonds that the men had swallowed. They were
released after one week. Authorities had not taken any action against
the soldiers as of year's end.
On June 16, a detainee in Bena Mpiana, Kasai Oriental, died in her
prison cell following severe beatings by PNC officers who accused her
of ``illegally wearing policeman shoes.'' Authorities had not taken any
action against the officers as of year's end.
On June 26, the Military Tribunal of Lubumbashi sentenced the
captain of the local GR contingent, Bebe Kibawa, a cousin of President
Kabila, to five years in prison for multiple crimes, including
arbitrary arrests, illegal detention, kidnapping followed by torture,
rape, and sexual mutilation.
Authorities took no action against two FARDC soldiers in Kalemie,
Katanga, who beat and robbed a civilian in January 2008.
Authorities ordered an investigation of five FARDC soldiers who
severely beat a civilian in Mbuji-Mayi, Kasai Oriental, in January 2008
for resisting their efforts to steal his motorbike. As of year's end,
no investigation had been opened.
According to the local human rights NGO Young Network in the World
for Peace, other than reassigning them to different posts, authorities
took no action against seven PNC officers in Bena-Leka, Kasai
Occidental, under the command of Tshipamba Nzolo, who arrested a
civilian and subjected him to cruel, inhuman, and degrading treatment
in January 2008 because he had failed to install hygienic facilities in
his home, as ordered by local authorities.
Authorities took no action against GMI officers in Mbuji-Mayi,
Kasai Oriental, who arrested and tortured a police officer in March
2008.
Authorities took no action against ANR agents who arrested a theft
suspect in Beni, North Kivu, in 2007 and, according to MONUC, beat the
victim with sticks, including on his genitals.
Although a police commander arrested one of his subordinates and
detained him for a week for the abuse in 2007 of a theft suspect in
Mbuji-Mayi, Kasai Oriental, authorities took no further action against
him.
Police took no action against members of security forces who,
according to informed sources, committed the following acts of torture
in 2007: the torture of a judicial investigator by authorities in
Orientale (see section 1.d.); the daily whipping of a man for three
months on the orders of a FARDC general in Kinshasa following a
personal business dispute; and the torture of seven suspected gang
members, one of whom died from his injuries, by the GMI in the Bakwa
Bowa police station in Kasai Oriental.
On several occasions during the year, police beat and arrested
journalists who wrote or broadcast material they did not like (see
section 2.a.).
There were continuing reports, including many from the UNJHRO, of
rape of civilians by members of the security forces and at least one
government official, both in the context of the conflict in the east
(see section 1.g.) and elsewhere. For example, on March 20, the head of
the office of the Ministry of Urban Planning and Housing in Bulungu,
Bandundu, raped a 13-year-old girl in his office. The public prosecutor
subsequently had the official arrested and transferred to a detention
cell, pending the outcome of an investigation. No additional
information was available.
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 February
2008.
In March 2008 a FARDC lieutenant in Gemena, Equateur, abducted a
14-year-old girl, took her to his house, and repeatedly raped her over
four days. The Office of the Military Prosecutor subsequently arrested
him. However, according to the Council of the Equateur Women's
Collective (CCFE), the prosecutor released him without charge.
Authorities took no action against the police officers, who in May
2008 in Ngele, Equateur, raped 13 women and six girls, subjected male
residents of the village to cruel, inhumane, and degrading treatment,
and pillaged the entire village. According to the CCFE, the public
prosecutor cited lack of funds for pursuing the case.
Authorities took no action during the year against two FARDC
soldiers of the 6th Integrated Brigade who in 2007 looted several
houses near Jiba, Ituri District, Orientale, raped four women, and
forced 10 villagers to carry looted goods to their camp near Bule.
Authorities arrested the two perpetrators in 2008 but subsequently
released them.
Authorities took no known action against members of security forces
responsible for the following rapes committed in 2007: the September
rape of five women and three girls in Yanonge, Orientale, by PNC
officers reportedly acting on orders from their commander; and the
November gang rape of a woman in Bongondjo, Equateur, by five FARDC
soldiers.
There was no additional information on the investigation by a
mobile court, which continued at the end of 2008, of the 2006 rape of
60 women and girls in Belongo, Equateur, but had not reached a verdict
at year's end.
Armed groups committed sexual violence and other types of abuses
against civilians during the year (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. The UN high commissioner for
human rights (UNHCHR), Navi Pillay, reported that, between March 2008
and March 2009, at least 65 prisoners died in prisons and concluded
that confinement in a Congolese prison in itself often amounted to
cruel, inhumane, or degrading treatment.
In June a detainee died in her prison cell as a result of severe
beatings (see section 1.a.).
On June 20, during an attempted prison escape and subsequent riot
at the Central Prison in Goma, North Kivu, 24 military detainees raped
23 women prisoners. PNC officers shot and killed one perpetrator. At
year's end, the other 23 perpetrators were awaiting transfer to other
prisons. UN secretary-general Ban Ki-moon condemned the incident,
describing it as ``a grim example of both the prison conditions and the
level of sexual violence that plagues the DRC.'' Following the
incident, MONUC officials asked the government to urgently improve
prison conditions and enhance security in prisons, particularly to
protect women inmates from sexual violence and ``to avoid a repeat of
the [Goma prison] tragedy.''
In all prisons except the Kinshasa Penitentiary and Reeducation
Center (CPRK), the government had not provided food for many years;
prisoners' friends and families provided the only available food and
necessities. Malnutrition was widespread. Some prisoners starved to
death. Prison staff often forced family members of prisoners to pay
bribes for the right to bring food to prisoners. According to ASADHO's
April report, Rule of Law Put to the Test, medical equipment and
medicines were absent in virtually all the prisons and detention
centers. Deaths of detainees were common due to deplorable living
conditions, malnutrition, and lack of medical care.
During the year many prisoners died due to neglect, often from
malnutrition or illness. For example, the UNJHRO reported in March that
over a two-month period several prisoners died from malnutrition or
dysentery in the Bunia Central Prison. Health care and medical
attention remained grossly inadequate, and infectious diseases rampant.
In rare cases, prison doctors provided care; however, they often lacked
medicines and supplies. According to a nurse at the prison, many
prisoners were in desperate need of a transfer to the hospital for
medical care but were often denied. A local NGO, Me Lonjiringa,
reported in July that the physical and hygienic conditions of Bunia
prison were so bad that being detained there was ``a death sentence.''
The UNJHRO reported in July that prisoners were dying in Bunia prison,
including from malnutrition and tuberculosis.
The suffering of prisoners often led to desperate escape attempts.
For example, the UNJHRO reported that in June there were three major
escapes from Congolese prisons: on June 1, 39 prisoners escaped during
a mutiny in Aru prison; on June 13, 11 prisoners escaped from the
commander's prison cell in Mbandaka; and on June 14, 11 prisoners
escaped from Bukavu prison. The UNJRHO reported that the prisoners
recognized the fact that many of them would die in detention from
starvation. In addition, on November 3-4, the Central Jail in Uvira,
South Kivu, was set on fire by prisoners attempting to escape. Three
prisoners were killed and five were injured by FARDC troops. On
November 5, 90 inmates in Kindu, Maniema Province, escaped after
burning all the prison files. Two were killed during the attempt, and
those who remained in the prison cited starvation and lack of water for
three days as the reasons for the escape.
Calling prison conditions one of the major human rights crises in
the country, the UNJHRO recommended that the government create prison
farms to ensure food supply for the inmates and generate revenue to
procure basic medicines.
The penal system continued to suffer from severe underfunding, and
most prisons suffered from overcrowding, poor maintenance, and a lack
of sanitation facilities. Temporary holding cells in some prisons were
extremely small for the number of prisoners they held. Many had no
windows, lights, electricity, running water, or toilet facilities.
During the year 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.
According to UNHCHR Pillay, almost 80 percent of inmates were
pretrial detainees. Prison records remained grossly inadequate, and
authorities kept individuals in prison even after their sentences had
been served. In October the UN special rapporteur on extrajudicial
killings noted that the number of prisoners in the country remained
unknown. In addition, he concluded that ``in essence, the prison system
seems to be a depository for the enemies of the state and for those too
poor to buy their way out of the justice system. The abominable
conditions, together with corruption and minimal state control, mean
that escapes are common, thus adding further to impunity.''
In their March report to the UNHRC, a group of seven UN special
rapporteurs and representatives also underlined the link between
impunity and the prison system, concluding the following: ``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 MONUC. In 2007 the UNHRC's independent expert on human
rights in the DRC recommended that the parliament adopt a law to reform
the prison system. However, neither the government nor the parliament
had responded.
Larger prisons sometimes had separate facilities for women and
juveniles, but others generally did not. Male prisoners raped other
prisoners, including men, women, and children. Citing the prison rape
cases that it had registered during the year, ASADHO reported in June
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.
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.
The local NGO Christian Action for the Abolition of Torture (ACAT)
reported in June that there were 57 children being detained in the
Bukavu Central Prison. ACAT protested the inclusion of the children
with the adults, citing the children's vulnerability and several cases
of torture.
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.
While evaluating the country's prison system in July, Dimitri
Titov, the UN assistant secretary for the rule of law and security
institutions, 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.
According to MONUC, fewer than 90 of the country's 230 prisons
actually held prisoners; while there were no reports of the government
officially closing prisons during the year, dozens of prisons that had
not functioned for years remained closed. In some cases, security
personnel who were detained or convicted of serious crimes were
released from prison by military associates or by bribing unpaid
guards. Most prisons were dilapidated or seriously neglected. Prisoners
routinely escaped from prisons in all provinces.
Even harsher conditions prevailed in small detention centers, which
were extremely overcrowded, had no toilets, mattresses, or medical
care, and which provided detainees with insufficient amounts of light,
air, and water. Originally intended to house short-term detainees, they
were often used for lengthy incarceration. They generally operated
without dedicated funding and with minimal regulation or oversight.
Informed sources stated 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 security forces, there were no
reports of illegal jails being closed during the year. According to
MONUC, the security services, particularly the intelligence services
and the GR, continued to operate numerous illegal detention facilities
characterized by harsh and life-threatening conditions. Authorities
routinely denied family members, friends, and lawyers access to these
illegal facilities.
Authorities took no action against ANR agents who tortured six
inmates in April 2008 in Musenze Central Prison in Goma, North Kivu.
Authorities took no action against two ANR agents in Bishile,
Katanga Province, who in 2007 arbitrarily arrested, detained, and
subjected a suspect to cruel, inhuman, and degrading treatment.
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 the UN Committee on the Rights of the Child (UNCRC)
noted that the child protection code, promulgated in January, 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 it recommended that the government swiftly
establish a juvenile justice system, support it with adequate
resources, and ensure that all professionals working with children
receive appropriate training in children's rights.
In general, the government allowed the International Committee of
the Red Cross (ICRC), MONUC, and some NGOs access to all official
detention facilities; however, it did not allow these organizations
access to illegal government-run detention facilities, including
illegal facilities run by the ANR and the GR.
In January the ANR denied access by UNJHRO officers to holding
cells in South Kivu and Katanga, claiming that permission must first be
granted by the authorities in Kinshasa. According to the UNJHRO, this
type of denial commonly occurred, despite the fact that UN Security
Council resolutions related to MONUC's mandate state that UN human
rights officers are to be granted immediate and unhindered access to
all holding cells and places of detention. According to the ICRC, its
personnel were also routinely denied access to ANR holding cells.
Armed groups outside central government control sometimes detained
civilians, often for ransom, but little information was available
concerning the conditions of detention (see section 1.g.).
Authorities took no action during the year against the mwami (local
chief), other traditional leaders, or FARDC soldiers involved in the
arbitrary and inhumane detention and mistreatment of 57 civilians
accused of witchcraft at the mwami's private residence in Luvungi,
South Kivu, for four days in 2007.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention; however, government security forces routinely
arbitrarily arrested and detained persons.
Role of the Police and Security Apparatus.--Among other elements,
the 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.
Security forces generally remained undisciplined, lacked training,
received little pay, and suffered from widespread corruption (see
section 4). Members of the FARDC, police, and intelligence sectors
continued to commit the majority of the country's human rights abuses.
Comprised of between 120,000 and 150,000 soldiers, about half of
whom were 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 UN special representative of the secretary-
general Alan Doss, the head of MONUC, reported to the UN Security
Council that, during the year, ``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.'' During the
year independent UN experts and several international and domestic NGOs
criticized the FARDC-led Kimia II counterinsurgency operation in the
Kivu provinces for lack of effectiveness, lack of planning for the
protection of civilians, and failure to respect human rights (see
section 1.g.).
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.'' 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 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 forces personnel for abusing civilians.
The military justice system, which has the responsibility of
investigating misconduct or abuses by the security forces, had a total
of 265 investigators, 232 prosecutors, and 125 judges in the military
system in 2008, according to MONUC's Rule of Law Unit. However, they
were poorly trained, had little or no resources for investigations, and
limited, if any, access to legal codes.
According to a HRW July report, Soldiers Who Rape, Commanders Who
Condone, the military justice system remained a weak institution. HRW
underlined 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
Kimia II 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, for example. When they were, sentences were rarely
carried out. For example, in July a military court found a lieutenant
colonel, Ndayambaje Kipanga, guilty of raping four girls in Rutshuru,
North Kivu; as of year's end, he was the highest-ranking FARDC officer
convicted. However, he was convicted in absentia after escaping custody
two days after his arrest in May, due to lax detention procedures, and
he remained at large at year's end. No general had yet been convicted,
either for his own actions or for failing to control his troops. In
December, in response to this trend, several members of the UNHRC's
Working Group on the Universal Periodic Review (UPRWG) urged the
government to investigate and prosecute senior army officials involved
or complicit in rampant sexual crimes against women and girls as part
of its efforts to combat sexual violence.
In its November report to the UN Security Council, the UN Group of
Experts (UNGOE) cited meetings it held with military justice
prosecutors in North and South Kivu, who ``reiterated the
limitations...in effectively prosecuting sexual violence and underlined
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 abuses 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 who continued to be credibly 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, only colonels Safari and
Mobuli had been arrested (and were awaiting trial) as of year's end,
while General Kakwavu was placed under house arrest in Kinshasa.
Colonel Mosala was requested to remain under house arrest but was not
legally required to do so, and Major Pitchen was at large.
Following his assessment visit in October, UNSRESAE Alston
characterized impunity within the security forces as ``chronic.'' He
said that ``endemic corruption and political interference ensure that
anyone with money or connections can escape investigation, prosecution,
and judgment.'' Alston also stressed that both the government and MONUC
must do more to combat widespread impunity, noting that, in response to
his inquiries about a massacre in April, the government ``was not
prepared to take action against the commander responsible because
[according to a government official] 'arrest would have had worse
consequences than the crimes of which he is accused.''' In addition,
Alston expressed concern that both government and MONUC officials had
indicated they would not take steps to arrest General Bosco Ntaganda, a
senior FARDC commander for whom the International Criminal Court (ICC)
issued an arrest warrant in 2006 relating to the recruitment and use of
child soldiers in Orientale. An ex-CNDP chief of staff, Ntaganda was
integrated into the FARDC during the year and, according to the UNGOE
in the DRC, ``given the post of deputy operational commander for Kimia
II, although the FARDC has repeatedly denied his position in official
circles.'' Alston, who noted that Ntaganda's whereabouts were well
known, said that ``both the Congolese government and MONUC must abandon
their untenable 'peace first, justice later' approach.''
In December several members of the UPRWG recommended that the
government increase efforts to investigate and prosecute (as
appropriate) members of security forces, regardless of rank, who had
been identified as perpetrators of serious abuses, including the FARDC
five. Several members specifically urged the government to immediately
arrest General Ntaganda and transfer him to the ICC. They also noted
problems resulting during the year from the rapid integration of the
CNDP and other armed groups into the FARDC and recommended that the
government increase efforts to support the process of security sector
reform as well as the process of disarmament, demobilization,
reintegration, repatriation, and reinsertion.
During the year the government took few significant steps to reform
the security forces, although legislation to reform the armed forces
and national police was submitted to the parliament. According to the
UN secretary-general's December report to the UN Security Council,
``lack of progress in this critical area remained a major concern.''
However, the FARDC continued to participate in various training and
professionalization programs supported by the UN and international
donor countries, which included components on respecting international
human rights. The FARDC also cooperated with the EU Mission to Provide
Advice on and Assistance with Security Sector Reform (EUSEC) in its
chain of payments project, which aimed to separate the FARDC chain of
command from the military's financial management. The EUSEC project
involved the execution of a biometric census of the military to
reliably identify all FARDC soldiers, improve the FARDC's salary
distribution system, prevent fraud and embezzlement, and ensure
payments reached soldiers. By December EUSEC had completed a census of
17,587 newly integrated armed group elements into the FARDC.
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 President Kabila announced that the government had adopted
a policy of ``zero tolerance'' for human rights violations by the
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 several members of the UPRWG commended the government for
adopting the 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 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 Zimulinda, Sultani Makenga, Bernard Byamungu, and
Salumu Mulenda. Lastly, he underlined the importance of security sector
reform and the critical need to ensure the full integration into the
FARDC of ex-CNDP members, which he said had ``the potential to become
an uncontrollable and explosive obstacle'' to free elections and
stability.
During the year the UNGOE and several members of the UPRWG
recommended that the government implement a vetting mechanism for
members of the security forces aimed at suspending officers who had
committed past human rights abuses. By year's end, the government had
not undertaken any significant steps to institute such a system.
However, during the year the government continued to maintain joint
military oversight committees with MONUC in several provinces. They
were composed of military officers, military magistrates, MONUC human
rights officers, and MONUC child protection officers. They met monthly
to monitor, investigate, and develop strategies to combat sexual
violence and other human rights abuses. Their effectiveness remained
mixed at year's end.
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 stole whatever food and money they could from
them.
During the year the government continued to nominally work with
MONUC and international donors on police and military training
programs.
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 nonfelony
offenses, such as debt and civil offenses. Authorities must allow
arrested individuals to contact their families and consult with
attorneys. In practice, security officials routinely violated all of
these requirements.
Prolonged pretrial detention, often ranging from months to years,
remained a problem, as pretrial detainees constituted 80 percent of the
prison population, according to the UN. Trial delays were due to
factors such as judicial inefficiency, corruption, financial
constraints, and staff shortages. Prison officials often held
individuals after their sentences had expired due to disorganization,
judicial inefficiency, or corruption.
Government security forces sometimes used the pretext of state
security to arbitrarily arrest individuals and frequently held those
arrested on such grounds without charging them, without presenting them
with evidence, without allowing them access to a lawyer, or following
other aspects of due process.
Police often arbitrarily arrested and detained persons without
filing charges, often to extort money from family members. Authorities
rarely pressed charges in a timely manner and often created contrived
or overly vague charges. No functioning bail system existed, and
detainees had little access to legal counsel if unable to pay.
Authorities often held suspects in incommunicado detention, including
in illegal facilities run by the ANR and the GR, and refused to
acknowledge their detention.
On January 26, the criminal court in Punia, Maniema, ordered the
arrest of the chiefs of the local ANR, DGM, and PNC offices and tried
and sentenced them to 12 to 18 months in prison for the arbitrary
arrest of nine civilians. However, according to the UNJHRO, the police
chief remained free and had not been imprisoned at year's end.
On February 11, ANR agents in Bukavu, South Kivu, arbitrarily
arrested a civilian and detained him in a secret holding cell until he
paid $20. According to the UNJHRO, ANR agents rearrested him on
February 24. The agents released him the next day after taking his
belt, shoes, and $70. Authorities took no action against the agents.
According to the UNJHRO, the ANR director of Kasai Oriental ordered
the temporary closing of all ANR offices in Lusambo Territory on
February 13 because of concern over the numerous human rights abuses,
especially illegal detentions, committed by local ANR agents. It was
not known whether the director undertook any investigations or took
disciplinary action against subordinates.
The police chief of Panu Pay Pay, Bandundu Province, arbitrarily
arrested two civilians and took two of their cattle during the week of
April 4-10 in lieu of arresting their brother, who was wanted by the
police. In response, the local population severely beat the police
chief. Subsequently, local FARDC soldiers were deployed and pillaged
the homes of the local population, arresting and beating anyone they
could apprehend. Authorities took no action against the police chief or
the FARDC soldiers.
Military authorities took no action against a FARDC soldier
attached to the Office of the Military Prosecutor, who arbitrarily
arrested a woman in January 2008 in Bandundu, Bandundu Province, in
place of her son.
Authorities took no action against the military prosecutor of
Kolwezi, Katanga, who arrested and detained a woman and her one-year-
old baby in February 2008.
In March 2008 the commander of the Karawa Police Station in
Equateur illegally detained a suspect in the commander's private
residence for three months and mistreated him, resulting in the man's
death in July 2008. According to CCFE, the military prosecutor
subsequently granted the commander provisional freedom. However, a
trial date had not been set as of year's end.
Of the 174 inmates determined in May 2008 by the vice-minister of
human rights to be illegally detained in the CPRK, an additional 11
were released during the year, while seven remained in prison at year's
end.
No action was taken against the police inspector of Buta,
Orientale, for the 2007 arrest and torture of a judicial investigator
and the arbitrary arrest of his wife.
Security personnel detained perceived opponents and critics of the
government during the year (see sections 2.a. and 5).
Amnesty.--The Goma peace accords envisioned a general amnesty for
acts of war and insurrection committed in North and South Kivu by
groups that signed the accords, covering the period from June 2003 to
the date of the promulgation of the amnesty. President Kabila
promulgated the amnesty bill passed by the parliament in May. The
amnesty bill specifically excluded war crimes, crimes against humanity,
and genocide.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; in practice, judges, who were poorly
compensated, remained subject to influence and coercion by officials
and other influential individuals.
Following his October 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 July 15, President Kabila issued 14 presidential ordinances
dismissing and forcibly retiring 114 magistrates and 43 prosecutors,
including the president of the Supreme Court and the prosecutor general
of the republic, ostensibly for corruption and other abuses of office.
The ordinances followed Kabila's June 30 speech celebrating the
country's independence, in which he warned he would take immediate
action against corruption in the justice sector. When the ordinances
were issued, 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, was not fully formed; although the
president signed the law establishing the CSM in August 2008, the CSM
disciplinary chambers authorized by law had not been created. At year's
end, the CSM continued to employ interim bodies that substituted for
the unformed disciplinary chambers provided for by law.
The dismissals and forced retirements generated significant
controversy and concerns among some observers over the executive
branch's apparent influence over the judiciary and failure to respect
due process. Government officials said publicly that, in the absence of
the CSM disciplinary chambers, the dismissals were issued following
proper interim procedures. However, according to international judicial
experts who specialized in the Congolese legal system and who examined
the dismissals, the government did not follow the required disciplinary
procedures before removing the jurists, including providing the accused
an opportunity to appeal the decisions. These sources expressed concern
that the ordinances likely would further reinforce the influence of the
executive branch over the judiciary and that they represented what
appeared to be an abuse of executive power.
The government cited corruption and other forms of professional
misconduct as reasons for the removals and forced retirements. However,
it was unclear if the action represented a new government effort to
combat corruption or rather a new push by the executive branch to exert
influence over the judiciary. The allegations of misconduct remained
``questionable in most cases,'' according to some judicial experts and
NGOs. Some NGOs, foreign diplomats, and international judicial experts
expressed concerns that the ordinances could ``paralyze justice in many
more jurisdictions'' by removing such a high number of experienced
judges, equivalent to 7 percent of the country's judges.
The leader of one of the country's trade unions for judges issued a
statement condemning the dismissals and forced retirements, and
magistrates said they would challenge the ordinances on procedural
grounds. Several of the jurists who were dismissed or forced to retire
protested what they deemed a failure by the government to respect due
process. In a memorandum, they requested the annulment of the
presidential ordinances, referring to past precedent, and criticized
some of the judges nominated for promotion, noting that one promoted
judge had been convicted and sentenced to an eight-month prison term.
Similarly, in February 2008, while the laws to create new
constitutionally mandated judicial institutions were under
parliamentary consideration, the president began to reorganize the
judiciary. President Kabila signed seven presidential decrees
appointing 28 new magistrates, most notably a new chief justice of the
Supreme Court and prosecutor general, and forced into retirement 89
other magistrates, despite a severe shortage of judges. The new
magistrates were appointed to positions beyond their qualifications.
In a March report to the UNHRC, the UN special rapporteur on the
independence of judges and lawyers and six other UN special rapporteurs
and representatives collectively underlined 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 armed groups ``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 one percent
of the national budget and was poorly staffed, with a very limited
presence outside of Kinshasa. 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. 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.
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 are 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, including lower courts, appellate
courts, the Supreme Court, and the Court of State Security, failed to
dispense justice consistently and was widely disparaged by the
international community and citizens as ineffective and corrupt.
The 2006 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 CSM, and Administrative Oversight Agency. However,
by year's end, 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 2006 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 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.
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 2006 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. As of August, the minister of justice had 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.
In December 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.
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 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 groups. 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, was shortly before the March 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. For example, despite
investigations launched by authorities late in 2007, authorities took
no action during the year against General Jean-Claude Kifwa, commander
of the 9th Military Region and a cousin of President Kabila, and his
security detail for arresting and severely beating two military
magistrates in Kisangani, Orientale. They allegedly arrested the
magistrates for objecting to two pending cases being tried in the
military instead of the civilian court system.
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.
In their March report to the UNHRC, seven UN special rapporteurs
and representatives made several recommendations for the government
regarding the fight against impunity and the need to strengthen the
justice sectors. They recommended that the government increase the
justice portion of the national budget ``to an acceptable level
comparable with other countries (2-6 percent),'' and that it strengthen
the civilian justice sector by passing legislation assigning criminal
jurisdiction over perpetrators from among police or the civilian
population to civilian prosecutors and courts. Emphasizing the
importance of expanding the justice system in rural territories, the
report recommended establishing more mobile courts with increased or
``hardship'' pay to induce qualified judicial personnel to serve in
conflict posts and establishing a network of justices of the peace
linked to traditional modes of dispute resolution.
Noting how difficult it was for victims to pursue reparations (see
section 6, women), the report underlined the need to motivate victims
to pursue justice and recommended establishing a compensation guarantee
fund, managed jointly by the government, donor countries, and civil
society, to pay reparations awarded by national courts or the ICC to
victims of serious abuses. Highlighting the need for transitional
justice and truth-seeking initiatives, the report also recommended
establishing mixed courts comprising national and international judges
and sitting in national courts.
While no mixed courts were established during the year, a UN human
rights mapping initiative, which was endorsed by the government and was
intended to catalogue abuses committed in the country between 1993 and
2003, finished its field research and was drafting its final report at
year's end. In addition, although a National Truth and Reconciliation
Commission (CVR) was established in 2003, it became defunct in 2006 and
was criticized for its operational standards and perceived lack of
independence and transparency. Several NGOs submitted reports to the
UPRWG during the year recommending the CVR be reestablished with a
well-defined mandate, greater independence, and sufficient resources to
carry out its work.
Trial Procedures.--As provided for in the constitution, defendants
enjoy a presumption of innocence until proven guilty. However, in
practice most detainees were treated as already having been convicted.
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 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, and 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, security forces routinely
ignored these provisions. Soldiers, demobilized soldiers, deserters,
and police continued to harass and rob civilians. Security forces
routinely ignored legal requirements and entered and searched homes or
vehicles without warrants. In general those responsible for such acts
remained unidentified and unpunished. Security forces sometimes looted
homes, businesses, and schools.
For example, on April 9, soldiers from the FARDC 18th Brigade broke
into and looted several homes in Rubare, North Kivu, according to the
UNJHRO. By year's end, authorities had taken no action against the
soldiers.
On April 4, soldiers from the FARDC 15th Brigade broke into and
looted several homes and businesses in Shabungu, South Kivu. By year's
end, authorities had taken no action against the soldiers.
Authorities took no action against two police officers who, in July
2008, reportedly broke into the home of and severely beat a man in
Mbuji-Mayi, Kasai Oriental, in connection with a debt.
Authorities at times arrested or beat a relative or associate of a
person they sought to arrest (see section 1.d.).
Armed groups operating outside government control in the east
routinely subjected civilians to arbitrary interference with privacy,
family, home, and correspondence (see section 1.g.).
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Internal conflict continued in rural and mineral-rich parts of the
east, particularly in North Kivu 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 January 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 through the survey period.
Despite the integration of former CNDP rebels into the FARDC during
the year, the FDLR, LRA, and some Mai Mai groups 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 security forces and armed
groups. This continuation of fighting in the east, which impeded
humanitarian aid in some areas, internally displaced at least 700,000
persons between January 1 and December 31, exacerbating an already
severe humanitarian crisis.
At the end of the year, more than 20,000 MONUC peacekeepers,
military observers, and police--including 6,785 in North Kivu and 3,853
in South Kivu--continued efforts to provide protection to several
million civilians and logistical support and training to the FARDC.
Despite the presence of MONUC, security forces and armed groups
continued to kill, abduct, torture, and rape civilians and burn and
destroy villages. Between January--the beginning of FARDC-led military
operations against the FDLR--and December, more than 1,714 civilians
were killed in North and South Kivu, according to MONUC. In addition,
during military operations by the FARDC and the Ugandan military
against the LRA in Haut and Bas Uele districts of Orientale, the LRA
had killed hundreds of civilians since January 1 during retaliation
attacks.
According to an October report by a coalition of NGOs, Civilian
Cost of Military Operation Is Unacceptable, between January and
October, FARDC military operations against the FDLR in North and South
Kivu resulted in 6,000 homes burned to the ground and hundreds of
civilians forced into temporary labor by armed groups.
All parties continued to use mass rape and sexual violence with
impunity, often as weapons of war, and to humiliate and punish
individuals, victims, families, and communities. Between January and
June, the UN Population Fund (UNFPA) reported 2,075 cases of sexual
violence in North Kivu, 834 in South Kivu, and 885 cases in Orientale.
According to HRW, by September the total number of sexual violence
cases registered at health centers in North and South Kivu exceeded
7,500, which was nearly double the total for the same period in 2008.
During the year the International Rescue Committee registered
approximately 1,200 cases of rape in South Kivu and it found that up to
80 percent of survivors identified their assailants as members of
either the FARDC or armed groups. 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.
HRW reported in August that, in nine conflict zones it had visited
since January, rape cases had doubled or tripled compared with 2008. In
over half of the cases HRW recorded, the victims were gang-raped by two
or more assailants. The youngest victim was 2 years old, and 65 percent
of the cases in North Kivu were perpetrated by FARDC soldiers.
In September International Cooperation (COOPI), an international
development assistance NGO, expressed concern after observing, between
February and July, a 300 percent increase in the number of survivors of
sexual violence it assisted in Maniema and Katanga, which the NGO
attributed to a ``spill-over effect'' caused by Kimia II in neighboring
conflict-affected provinces (North and South Kivu).
Rapes committed against a single woman by large numbers of armed
men sometimes resulted in vaginal fistulas, a rupture of vaginal tissue
that left victims unable to control bodily functions and likely to be
ostracized.
During the year the number of men raped appeared to increase
sharply due to retribution attacks by armed groups in the east
following counterinsurgency operations against the FDLR that that began
in January. 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 victims from coming forward. According to the
American Bar Association, which ran a legal aid clinic in North Kivu
for victims of sexual violence, 10 percent of its cases during June
were men. NGOs and medical workers reported that the humiliation was
often so severe that male rape victims 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 groups active in
North and South Kivu and Orientale continued. In March the UN special
representative for children and armed conflict and six other UN special
rapporteurs and representatives collectively reported to the UNHRC on
an ``explosion of child recruitment by nonstate armed groups'' in the
country between September 2008 and March 2009 as a result of outbreaks
of hostilities during that period. According to a UN Children's Fund
(UNICEF) estimate in late March, there were 8,000 children in the ranks
of all armed groups and in several units of government security forces
in the east, with the majority of them found in armed groups, serving
as combatants, porters, spies, and sex slaves. The estimate represented
an increase of 4,500 children, compared with the UNICEF estimate for
2008. In October BVES estimated that there were 5,000 child soldiers in
the country, noted that many of them were girls, and emphasized the
extreme difficulty of securing the release of girl soldiers from armed
groups, whose commanders often saw them as sexual possessions.
During the year MONUC facilitated the release more than 2,000
children from armed groups (see section 6).
Fighting between the FARDC and armed groups continued to displace
populations and limit humanitarian access to conflict areas. According
to HRW, between January and October there were 84 attacks on
humanitarian agencies working in the country, which represented a
significant increase, compared with the 36 attacks during the same
period in 2008.
In North and South Kivu, the illegal exploitation by some FARDC
units, armed groups such as the FDLR, and PARECO of natural resources--
including cassiterite (a tin oxide) and columbite-tantalite (or
coltan), both of which were used in the global electronics industry---
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. FARDC and FDLR forces
in both Kivu provinces forced civilians to work for them or relinquish
their mineral production and extorted illegal ``taxes.''
In November the UNGOE further identified linkages between the
illegal exploitation of natural resources in the east, the conflict,
corruption, and human rights abuses, such as rape, committed by all
parties to the conflict. It collected credible evidence of the large-
scale smuggling of minerals, such as gold (see section 4). The UNGOE
recommended that the government reduce the presence of--and eventually
remove--military units at mining sites, in part by replacing the FARDC
with the relevant government authorities such as the Mining and
Hydrocarbons Police. The UNGOE further recommended that the government
create a national tribunal to prosecute the abuse of military and
police powers in connection with the illicit exploitation of natural
resources. Regarding transparency and mineral traceability initiatives,
the UNGOE recommended that the government establish an independent
monitoring team, with the support of the international community, to
conduct spot checks of minerals shipments and determine sanctions for
illegal mineral trading activity.
The UNGOE also urged the government to suspend the trading licenses
of all noncompliant national companies and take legal action against
the directors of those companies that violate the UN arms embargo by
trading in mineral resources from nongovernmental armed groups. In
addition, the UNGOE recommended that the UN Security Council ask UN
member states to take necessary measures to define the supply chain-
related due diligence obligations of companies under their respective
jurisdictions that operate in the mineral trading sector, and that
companies adopt codes of conduct detailing the procedures they have
adopted to prevent any indirect support to nongovernmental armed groups
through exploitation of natural resources.
At times verification of reported abuses in the east was difficult
due to geographical remoteness and hazardous security conditions;
however, MONUC's presence allowed observers to gather more information
than would have otherwise been possible.
During the year independent UN experts and several international
and domestic NGOs criticized the FARDC-led Kimia II counterinsurgency
operation. In its November report to the UN Security Council, the UNGOE
concluded that ``military operations against the FDLR have failed to
dismantle the organization's political and military structures on the
ground in eastern DRC.'' UNSRESAE Alston said the operation, during
which MONUC provided logistical support to the FARDC, ``has been so
poorly carried out that the FDLR has easily been able to reenter
villages abandoned by the Congolese and UN forces and commit brutal
retaliation massacres of civilians.'' Underlining that it was the FARDC
themselves who posed the greatest direct risk to civilians in many
areas of the Kivus, Alston said the lack of vetting, training, and
planning of the integration of former armed group members, especially
the ex-CNDP, into the FARDC in the Kivus ``has escalated abuses
committed by the army against civilians, and failed to break down
parallel ex-CNDP command structures within the army.''
In October a coalition of more than 80 human rights and
humanitarian NGOs emphasized that Kimia II had resulted in an
unacceptable cost for the civilian population, calculating that, for
every FDLR combatant who was disarmed during Kimia II, there were seven
civilians raped, one killed, and 900 forced to flee. The coalition,
which included HRW, Oxfam, and the Enough Project, urged diplomats and
UN officials to immediately increase efforts to protect civilians from
abuses and strongly recommended that MONUC condition its logistical
support for FARDC units involved in Kimia II on respect for human
rights. By year's end, MONUC had invoked a more strenuous
interpretation of conditionality, cutting off assistance to a FARDC
brigade (see subsection below) that was involved in civilian killings,
as documented by the UNJHRO.
While there was inadequate civilian protection and a well-
documented and significant humanitarian cost due to the military
operations in the Kivus and Orientale, the government and MONUC, as
well as some NGOs and foreign diplomats, argued some of the military
objectives of the operations, particularly in Orientale against the
LRA, were accomplished. Some NGOs expressed concern that the FARDC's
military objectives in the Kivus were not well defined; however, there
were some successes. For example, in the Kivus, FDLR elements were
pushed away from most major cities and towns and further into the bush.
The FDLR was also denied access to some of its most profitable mining
areas. Finally, MONUC estimated that more than 1,114 FDLR were killed
during Kimia II and that, between January and December, a total of
1,522 FDLR combatants and 2,187 of their dependents were repatriated to
Rwanda.
Abuses by Government Security Forces.--Government security forces
arrested, illegally detained, raped, tortured, and summarily executed
or otherwise killed civilians and looted villages during military
actions against armed groups during the year, according to reports by
UN agencies and NGOs. Impunity remained a severe problem, and several
individuals in the 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.).
From January through late February, the FARDC conducted Umoja Wetu,
a joint military operation with the Rwanda Defense Forces (RDF) against
the FDLR in North Kivu. After the official withdrawal of the RDF in
late February, the March 23 accords facilitated the rapid integration
of the CDNP, which had previously fought the FDLR, and 23 other armed
groups into the FARDC. In March the FARDC launched Kimia II, which
lasted until the end of the year. According to the government, this
operation, which received logistical support from MONUC, was also
designed to induce FDLR elements to surrender and repatriate. It
focused on the wider area of both North and South Kivu provinces.
During both operations, there were numerous credible reports that FARDC
soldiers committed abuses against civilians, including those suspected
of collaborating with the FDLR. According to a December report by HRW,
the joint DRC-Rwandan operation resulted in civilian deaths.
GR troops, who initially made up the bulk of the force deployed
against the LRA in Rudi II military operations in Haut and Bas Uele,
Orientale, were relatively well paid and disciplined. When these
battalions were replaced by newly integrated FARDC forces in September,
credible reports of FARDC abuses became more frequent. As of year's
end, 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.
In its comprehensive December report, You Will Be Punished, HRW
detailed widespread attacks on civilians during Umoja Wetu and Kimia II
in the Kivus. HRW documented the deliberate killing of at least 732
civilians, including 143 Rwandan Hutu refugees, by FARDC soldiers,
often former CNDP members, engaged in anti-FDLR operations between
January and September. The FDLR also killed numerous civilians during
these operations (see subsection further below on FDLR abuses).
According to reports from HRW, the joint DRC-Rwanda operation
resulted in 201 civilian deaths and other abuses. For example,
according to the HRW report, in late February 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 operation, approximately 40 persons were killed
during a February attack on residents of Byarenga, North Kivu, and
there were smaller numbers of civilians killed in other incidents
during these two months.
According to HRW, several of the victims and witnesses they
interviewed ``found it difficult, if not impossible, to distinguish
Rwandan army soldiers from former CNDP combatants recently integrated
into the FARDC, who played an important role in the operation.'' The
HRW report, citing a 2008 UNGOE report, noted that ``soldiers of both
armies often wore identical camouflage uniforms and that Rwandan army
soldiers had Rwandan flags on their uniform sleeves. In some cases
former CNDP combatants had the same army uniforms, although they
usually removed the Rwandan flag.''
The Rwandan government denied that RDF soldiers had participated in
any killing of civilians in the DRC. Neither Congolese nor Rwandan
authorities had taken any steps to investigate or prosecute any
soldiers allegedly involved in either incident by year's end.
During the year there were several reports of attacks against
Rwandan Hutu refugees. The most severe attack occurred in the Masisi
Territory town of Shalio, North Kivu. According to the UNJHRO and
UNSRESAE Alston, in and around Shalio, FARDC soldiers shot and beat to
death at least 50 Rwandan refugees between April 27 and April 29 while
conducting an operation against the FDLR. (HRW reported that the
soldiers killed 129 refugees.) On April 27, FARDC soldiers, many of
whom were reportedly ex-CNDP members, attacked a makeshift camp of
Rwandan Hutu refugees in Shalio. According to interviews by HRW with
survivors and soldiers who were present during the attack, the
soldiers, who were under the command of Lieutenant Colonel Innocent
Zimurinda, surrounded the camp and shot, mutilated, and clubbed to
death at least 50 refugees, mostly women and children, and then burned
the camp to the ground. Women and girls, some of whom were later
killed, were raped during the attack.
The FARDC soldiers then abducted approximately 40 women from the
camp and took them to nearby Busurungi, where they were kept as sex
slaves. The FDLR retaliated with an attack on Busurungi, where they
killed 96 persons (see subsection further below on FDLR abuses).
According to UNSRESAE Alston, 10 of the women who escaped the FARDC
attack described being gang-raped and had severe injuries; some had
chunks of their breasts hacked off. (It was not known what happened to
the other 30 women.) According to HRW, in the days that followed, the
FARDC soldiers also attacked the nearby towns of Biriko, where they
beat 46 refugees to death with wooden clubs and shot three men who
tried to flee; Bunyarwanda, where they killed at least 15 refugees; and
Marok, where they killed at least 15 civilians.
Neither Congolese authorities nor MONUC had undertaken an
investigation into the Shalio killings by year's end, according to HRW.
However, according to interviews with soldiers by HRW, Zimurinda, who
was responsible for the FARDC's 231st Integrated Brigade, directly
ordered the soldiers to kill all individuals taken by their forces,
including refugees. Zimurinda reportedly ordered an intelligence
officer, Captain Jules Hareremana of Battalion 2312, to lead the attack
on the refugee camps after a major with the same battalion was
unwilling to carry it out. The UNGOE and UNSRESAE Alston also indicated
there was evidence that Zimurinda bore responsibility.
In early August, FARDC soldiers, mainly ex-CNDP members, reportedly
attacked five hamlets around Mashango hill in the Nyabiondo-Pinga area,
killing at least 81 civilians. According to witnesses interviewed by
HRW, only one of the hamlets housed APCLS combatants, while the others
housed only civilians. However, the attacking FARDC soldiers ``made no
distinction between the two,'' killing civilians by decapitating them,
chopping some victims with a machete, clubbing others to death, or
shooting them as they tried to flee, according to HRW. The victims
included 30 women, 12 children, and five elderly men.
HRW also reported that FARDC soldiers ``randomly but repeatedly
killed civilians'' as they encountered them on roads and footpaths or
while passing through villages or towns on their way to or from
military operations against the FDLR and the APCLS militia in the
Nyabiondo-Pinga area of North Kivu. HRW received credible information
from local authorities and eyewitnesses about 139 civilians killed in
such incidents between March and September. HRW concluded that the
widespread nature of the killings over many months indicated that FARDC
soldiers ``perceived the local population of this area as collaborators
of the FDLR and APCLS militia and sought to punish them.'' In addition,
a former CNDP officer integrated into the FARDC told HRW that the
operations in the Nyabiondo-Pinga area were intended to ``kill
civilians and terrorize the Hunde and Hutu population'' so that the
land would be cleared for the return of Congolese Tutsi coming back
from Rwanda to resettle in the DRC.
In November MONUC announced that it would suspend logistical
support for the FARDC's 213th Brigade after a MONUC investigation found
that it was implicated in the killing of at least 62 civilians between
May and September, 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 and was monitoring
disciplinary action against the accused perpetrators that was
reportedly underway within the FARDC; no additional information was
available.
On July 15, men in FARDC uniforms reportedly killed an employee of
Secours Catholique-Caritasa, an international human rights and
humanitarian organization, in Musezero, North Kivu. According to the
NGO, villagers reported seeing two men in FARDC uniforms stop the
employee before shooting him. While Caritas demanded that military
authorities investigate the killing, there were no reports of an
investigation as of year's end.
Between December 17 and 28, fighting between FARDC soldiers
resulted in the deaths of at least 19 civilians in villages in Masisi
Territory, North Kivu. At the beginning of December, more than 150 ex-
CNDP rebels, led by Colonel Emmanuel Sengiyumva, deserted from the
ranks of the FARDC. On December 17-18, 15 civilians, including women
and children, were killed while FARDC soldiers chased ex-CNDP
deserters.
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 January 2008 in Kamatsi, Orientale or members of the
FARDC 2nd Integrated Brigade who allegedly killed eight civilians in
January 2008 in Musezero, North Kivu.
Following the November 2008 arrest of 24 FARDC soldiers by the
military prosecutor in Goma, there were no further developments
regarding the serious abuses they allegedly committed against the local
populations in October 2008, including the killing of nine civilians,
the rape of three girls, and the pillaging of numerous homes, stores,
and restaurants.
There was no reported action taken against the FARDC gunman or any
of the soldiers accused of involvement in the 2007 shooting death of a
Senegalese peacekeeper.
There were no reports of authorities taking any action against two
FARDC corporals of the 24th Integrated Battalion, who the Office of the
Military Prosecutor determined were responsible for the 2007 arbitrary
execution of two civilians in Beni, North Kivu.
Authorities took no action in the case of a FARDC soldier of the
7th Integrated Brigade who allegedly shot and killed a civilian in
Kabaya, North Kivu, following an argument in 2007.
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 in
the Kivus.
According to HRW, it received reports of civilians who alleged
that, during the Umoja Wetu operation, they were arrested arbitrarily
in the DRC by security personnel, some of whom then changed into
Rwandan army uniforms before taking them across the border to Rwanda.
All reported being returned to the DRC after being held for a period of
up to 17 days. There was no other independent confirmation of these
reports. Neither Congolese nor Rwandan authorities had taken any steps
to investigate or prosecute any soldiers allegedly involved in such
incidents as of year's end.
On May 15, FARDC soldiers deployed to Kanyola, South Kivu,
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. 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.
Despite receiving a formal complaint from victims, the Office of
the Military Prosecutor in Kalemie, Katanga, took no action against 25
FARDC soldiers of the 67th Integrated Brigade, who subjected 92
civilians in the village of Kahese, Katanga, to cruel, inhuman, and
degrading treatment as well as extortion in 2007.
Authorities took no action against the ANR for arbitrarily
arresting four individuals in 2007 in Goma, North Kivu, for allegedly
collaborating with the CNDP.
Rape by members of security forces remained a serious problem, and
perpetrators enjoyed almost total impunity. According to a December
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.
According to HRW, in January newly integrated ex-CNDP FARDC
soldiers violently raped and beat a rape counselor in South Kivu after
accusing her of denouncing them and reporting on the rapes.
On March 11, a FARDC soldier from the 17th Integrated Brigade raped
a 10-year-old boy in Walungu, South Kivu. 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. No additional information was
available.
On June 13, several FARDC soldiers in Nyamilima, North Kivu,
allegedly raped eight women and five minors during a riot protesting a
delay in the payment of their salary, according to the UNJHRO.
Authorities took no action against a FARDC soldier of the 14th
Integrated Brigade, who in July 2008 arrested and raped a woman
suspected of collaborating with the FDLR, according to the UNJHRO. The
commanding officer of the perpetrator offered the victim 5,000
Congolese francs (approximately $5.60) in 2008 to settle the matter.
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
year's end.
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.
Authorities took no action against FARDC soldiers of the 2nd
Integrated Brigade of Vuyinga, North Kivu, who committed a series of
rapes in 2007.
The use and treatment of child soldiers by FARDC elements remained
problems. There were several reports of child recruitment during the
year by not only nonintegrated FARDC brigades but also recently
integrated brigades composed mainly of ex-CNDP members, as well as
previously integrated FARDC brigades. The UNGOE reported in November to
the UN Security Council that, from November 2008 to October 2009, it
documented 623 cases of child recruitment attributable to the FARDC or
to ex-CNDP elements of the FARDC. 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. Identifying the
instances as potential violations of a UN sanctions regime, the group
reported that the acts of obstruction occurred most often under the
command of colonels and lieutenant colonels, including Baudouin
Ngaruye, Innocent Zimurinda, Antoine Manzi, a lieutenant colonel
Bisamaza, and Salumu Mulenda. For example, Lieutenant Colonel Zimurinda
threatened MONUC personnel who were attempting to conduct activities
related to disarmament, demobilization, reintegration, repatriation,
and reinsertion in the North Kivu town of Ngungu and ordered his
soldiers to raise their weapons against MONUC staff. In Walikale, North
Kivu, Lieutenant Colonel Manzi threatened to use force against MONUC.
The group said it had received several reports of continued
attempts by CNDP-related networks to recruit individuals into FARDC
units controlled by ex-CNDP officers. It also noted that it had
received information of recruitment in Rwanda of combatants through the
Bwindi border area between Uganda and the DRC.
MONUC Child Protection expressed concern about frequent reports of
the prolonged detention of children at detention centers following
their separation from armed groups. The group noted that this practice
often involved the interrogation of children and inhumane treatment.
Government security forces in the east continued to force men,
women, and children, including IDPs, to serve as porters, mine workers,
and domestic laborers.
According to the UNGOE, 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. During the period of
Kimia II operations, several thousand 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 Groups Outside Central Government Control.--Illegal
armed groups 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 groups maintained and recruited child soldiers, including by
force, sometimes from schools and churches, and sometimes killed,
threatened, and harassed humanitarian workers. In March seven UN
special rapporteurs and representatives collectively reported that Mai-
Mai groups held the highest number of children in their ranks, followed
by the CNDP, the latter of which was integrated into the FARDC at the
beginning of the year. According to the December 2008 report by the
UNGOE, the most active commanders responsible for recruitment of child
soldiers belonged to the CNDP (Innocent Kabundi, Sultani Makenga,
Nkunda, and Ntaganda) and PARECO (its North Kivu commander, Mugabo).
Many armed groups abducted men, women, and children and compelled
them to transport looted goods for long distances without pay. On
occasion, armed groups also forced civilians to mine. Armed groups
forced women and children to provide household labor or sexual services
for periods ranging from several days to several months. Armed groups
in conflict-affected areas in the east used children, including child
soldiers, for forced labor in mines.
Armed groups in parts of the east sometimes detained civilians,
often for ransom. They continued to loot, extort, and illegally tax
civilians in areas they occupied.
There were no credible attempts by armed groups to investigate
abuses allegedly committed by their fighters.
In May 2008 Belgian authorities arrested former vice president
Bemba, who was transferred in July 2008 to the ICC in The Hague to face
four counts of war crimes and two counts of crimes against humanity for
alleged actions in the Central African Republic in 2002-03. He remained
in pretrial custody at year's end.
National Congress for the Defense of the People (CNDP).--In January
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. On January 16, 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.
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 January 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
January 2008; the arbitrary arrest, illegal detention, and beating of
four civilians in Karuba, North Kivu, by CNDP elements in April 2008;
the summary execution of three children by CNDP colonel Sultani Makenga
during August and September 2008; the killing of an Italian aid worker
in December 2008 by an unidentified armed group in CNDP-held territory
in Rutshuru, North Kivu; or the December 2008 cases of aggressive and
forcible recruitment of children by the CNDP for use as combatants,
bodyguards, and porters.
In September the UNJHRO released an investigative report on the
deaths of civilians during and following the November 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 groups in Kiwanja (see subsections
further 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 continued to be led by individuals responsible for fomenting and
implementing the Rwandan genocide. Between 6,000 and 8,000 FDLR
fighters remained in the provinces of North and South Kivu. According
to MONUC, 1,522 FDLR combatants opted to voluntarily demobilize and
return to Rwanda during the year.
Following the launch of operation Umoja Wetu in January, FDLR
forces began to attack dozens of villages and towns across North and
South Kivu. According to HRW, between late January and September, 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, the FDLR committed an average of 50-60 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 on January 25-27, 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 on
January 27, FDLR combatants shot and hacked to death many of them.
During the year the FDLR committed a number of mass killings. For
example, on April 12, 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.
On May 10, 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, on March 25, 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.
During the year 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, there was strong
evidence that ``the FDLR continues to benefit from residual but
significant support from top commanders of the FARDC, particularly
those officers in the 10th military region (South Kivu).'' The UNGOE
also found that there was ``continued diversion of FARDC military
equipment to nongovernmental armed groups, notably the FDLR.''
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 January 2008
killing of the village chief of Kilali, North Kivu; arbitrary execution
of three civilians in Tchanishasha, South Kivu, in March 2008; or the
killing of three residents of Kabunga, North Kivu, in March 2008.
On November 17, authorities in Germany arrested the FDLR president,
Ignace Murwanashyaka, and his deputy, Straton Musoni, for their role in
alleged war crimes and crimes against humanity committed by FDLR forces
under their command in eastern Congo between January 2008 and July
2009.
In its September report about abuses committed in Kiwanja, North
Kivu, during and after clashes involving CNDP and Mai-Mai combatants in
November 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
cease-fire agreement between militias in the Ituri District of
Orientale, including the Front for National Integration (FNI), the
Congolese Revolutionary Movement, the Front for Patriotic Resistance in
Ituri (FRPI), and the government, the FRPI refused to participate in
the peace process and was implicated in abuses committed against
civilians in Ituri District as fighting continued during the year.
On March 31, the Popular Front for Justice in the Congo (FPJC),
which splintered from the FRPI in October 2008, attacked villages in
the Irumu area of Ituri District, which was followed by a counterattack
by FRPI fighters, leading to the displacement of thousands of
civilians. On April 12-30, the FARDC, with logistical support from
MONUC, conducted Operation Iron Stone in southern Irumu, during which
it recaptured villages from the rebels. In July the FARDC conducted
another operation against the FPJC, which led to further displacement
of civilians and the suspension of five NGOs working in the area. By
September further attacks by rebels had impeded access by humanitarian
actors and increased the number of displaced persons by 75,000 over the
preceding 12 months, according to a UN official.
Abuses by militias in Ituri were more often acts of banditry,
rather than politically or ethnically motivated violence.
There were no credible reports of action taken by rebel leaders in
Ituri District against those responsible for the following abuses: the
January 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 July and September 2008.
The UNJHRO reported that in February 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. At year's end he was awaiting trial.
During the year no action was taken against former Ituri warlord
Bosco Ntaganda, for whom the ICC issued an arrest warrant in April 2008
for the enlistment, conscription, and active use of children in
hostilities between 2002 and 2003. In January Ntaganda became the
leader of the CNDP and, following an agreement with the government, a
member of the FARDC.
During an ICC trial that opened on November 24, 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. In 2007 the government
transferred Germain Katanga, a former FRPI leader, to the ICC on
various charges of war crimes and crimes against humanity, including
killings, using child soldiers, and forcing women into sexual slavery.
Former Ituri militia leader Thomas Lubanga, whom the government
surrendered to the ICC in 2006, pleaded not guilty to various charges
when the ICC began his trial in January for enlisting and conscripting
child soldiers. The prosecution ended its case during the year, but the
trial continued at year's end.
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 February
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 PARECO and
other Mai-Mai groups in North Kivu Province was endemic.
Some Mai-Mai groups, including PARECO, were part of the March 23
agreement and were integrated into the FARDC during the year. However,
other Mai-Mai groups remained outside the peace process, and some
allied with the FDLR.
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, in and around the isolated Walikale
Territory town of Otobora, near the border separating North and South
Kivu, a group of Mai-Mai known as the Kifuafua committed abuses,
including rape and arbitrary arrest, of villagers in the area, often on
the charge of collaborating with the FDLR. During July and August, the
Mai-Mai Kifuafua, who claimed to protect inhabitants from FDLR elements
in the nearby forests, allegedly raped 10 women, all of whom were going
to their fields to extract palm oil, in or near the villages of
Katatwa, Kilongote, Mifuti, and Nianga. Mai-Mai Kifuafua combatants
also continued to maintain child soldiers in their ranks; collected
``taxes'' at illegal road barriers; cut down bridges across the nearby
Luhoho river (reportedly to prevent FDLR attacks), which significantly
reduced food security; and forcibly occupied homes and stole livestock
from villagers. The group had agreed to integrate into the FARDC early
in the year, but by October they remained unintegrated and expressed
frustration over what they perceived as a failure of the integration
process. There was no government presence in the area, and there were
no credible efforts by the group's leaders to hold perpetrators
accountable.
Low-intensity clashes 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 March 2008.
In its September report about abuses committed in Kiwanja, North
Kivu, during and after clashes involving CNDP and Mai-Mai combatants in
November 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).
According to the UNJHRO, on June 3, the military tribunal of
Kisangani convicted five Mai-Mai militiamen, including Colonel Thomas,
who led the group, for crimes against humanity, including rape, in
relation to the 2007 collective rape of 135 women in Lieke Lesole,
Opala Territory, and sentenced them to 30 years' to life imprisonment.
The court also ordered them to pay $2,500 per victim of violence and
$10,000 per victim of rape for damages. They remained in prison at
year's end.
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).--MONUC officials said members of ADF/NALU, a Ugandan rebel
group active in northern North Kivu Province, engaged in petty theft
and extortion throughout the year.
Lord's Resistance Army (LRA).--The LRA, which relocated from Uganda
to the DRC's Garamba National Park (Orientale Province) in 2005, was
responsible for killing, raping, and kidnapping hundreds of persons in
the DRC, Central African Republic, and Sudan as it continued to seek
the overthrow of the Ugandan government. The LRA continued to hold
children it had forcibly abducted.
Between September 2008 and June 2009, the LRA killed at least 1,200
persons, abducted an estimated 1,400, including 600 children and 400
women, and displaced a total of approximately 230,000 people in
Orientale, according to a December report by the UNHCHR.
Rudia II, the FARDC-led operation against the LRA, was launched on
March 26 in cooperation with the Ugandan People's Defense Forces and
with logistical support from MONUC. 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 September and December, MONUC received reports that 83
civilians had been killed by the LRA, and in October humanitarian
partners reported 21 LRA attacks in Haut and Bas Uele, Orientale. Local
authorities reported an increase in ``undisciplined behavior'' by FARDC
elements following the replacement of FARDC GR units with newly
integrated FARDC units in the context of the Rudia II operations.
The UNSRESAE underlined that the international community had paid
insufficient attention to the security needs of Orientale. He urged the
development of more-timely reporting on major incidents and killings
and expressed regret that the level of communication and outreach
between MONUC and the local population in Orientale was inadequate.
According to UNSRESAE Alston, ``far more should have been done by the
government and by MONUC to prioritize civilian protection in planning
the military operations [Rudia II].''
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 Dungu Territory, Orientale. The UNHCR estimated that there were
more than 296,600 internally displaced persons in the territory by late
December.
Abuses by UN Peacekeepers.--A number of sexual exploitation and
abuse cases by MONUC peacekeepers were under investigation. However,
the monthly rate of allegations had declined since 2005.
In August 2008 the United Nations Office of Internal Oversight
Services made public the results of an investigation wherein it accused
Indian peacekeepers posted in the DRC in 2007 and the first part of
2008 of child abuse, indulging in a child prostitution ring near
Masisi, North Kivu Province, and helping to organize the ring. The
Indian government promised its own thorough investigation and to bring
to justice those found guilty. No additional information was available.
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. Although severe abuses against journalists and
press organs decreased significantly from 2008, overall freedom of the
press declined during the year. The government intimidated journalists
and publishers into practicing self-censorship.
Following an assessment visit to the country in June, the UN
special rapporteur on the situation of human rights defenders, Margaret
Sekaggya, said journalists and other human rights defenders ``face
illegitimate restrictions of their right to core freedoms--freedoms of
opinion and expression'' and underlined 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.'' In a report to the
UNHRC with six other UN special rapporteurs and representatives in
March, Sekaggya urged the government to adopt two pending bills that
would contribute to the better exercise of the right of freedom of
opinion and decriminalize press offenses.
Generally individuals could privately criticize the government, its
officials, and private citizens without being subject to official
reprisals. However, on June 3, ANR agents arrested Patrick Mukengeshay,
director of Radio Television Amazone in Kananga, Kasai Orientale, for
having broadcast a press statement by a human rights NGO alleging abuse
of power by the ANR. He was questioned and held for six hours, then
released without charge. Authorities took no action against the
responsible ANR agents in Goma who, in February 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 one
television station, Congolese National Radio-Television (RTNC). 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.
Security forces did not generally arrest or harass foreign
journalists; however, during the year 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.
Security forces arrested, harassed, intimidated, and beat local
journalists because of their reporting. In its annual report on press
freedom, domestic media watchdog Journalist in Danger (JED) documented
17 cases of assault against journalists during the year, which
represented a significant decrease in the number of attacks on
journalists compared with 2008. On March 3, a dozen police officers
beat Kathy Katayi, a reporter for Radio Okapi in Kananga, Kasai
Occidental, and shoved her to the ground. Authorities had not taken
action as of year's end.
On August 7, an ANR agent assaulted Paulin Munanga, a Radio Okapi
reporter in Lubumbashi, while Munanga was covering a demonstration by
human rights activists and confiscated his belongings. His belongings
were later recovered at the provincial governorate office. There were
no reports that either Munanga or his assailant was arrested; no
additional information was available.
JED documented 23 cases of journalists being arrested or detained
during the course of their work. For example, on March 15, police
arrested Coco Tanda and representatives of local NGOs for having
organized a march and a sit-in to protest what they perceived as the
forced resignation of National Assembly President Vital Kamerhe. Tanda
was held for 48 hours before being released.
During the year several journalists received anonymous threats. For
example, on September 9, in Bukavu, two female journalists for Radio
Okapi received death threats from SMS, while another female Bukavu
journalist for Radio Maendeleo was also named as a target. Jeff Saile,
editor of the Kinshasa weekly Le Barometre, received a death threat
directed at his entire family after publishing an article on alleged
embezzling in the finance ministry.
Authorities took no action against Kinshasa police officers who in
January 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 in July 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 the Mai-Mai militiamen who in
November 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.
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 November 2008.
In November the UNJHRO released a report on a May 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.
Popol Ntula Vita, a reporter for the weekly La Cite Africaine,
reappeared in Kinshasa after an out-of-court settlement was reached
with the employees in Bomahe, whom he had accused of embezzlement.
No action was taken against the local police chief for the 2007
beating of reporter Nelson Thamba of Community Radio Moanda.
The three men in police uniforms who shot RTNC broadcast journalist
Anne-Marie Kalanga and her brother in 2007 were arrested and remained
in prison.
Military authorities took no action against security forces
responsible for the abuse of journalists in 2007.
The National Media Regulatory Commission, a quasigovernmental
organization mandated by the earlier transitional constitution,
continued to operate in the absence of a successor body. A law
establishing a permanent agency was signed by President Kabila on
December 31.
In its end-of-year report, JED criticized the minister of media and
communications, whose statements were ``barely veiled threats'' against
the press, while his decision to cut off the signal of Radio France
International throughout the country and insist that international
journalists be subject to the penal code were not supportive of press
freedom. Jed also identified the ANR as ``the most repressive agency
against press freedom,'' as it accounted for 26 of the report's 75
documented incidents of attacks against the press.
In September 2008 Communications and Media Minister Emile Bongeli
signed a decree shutting down five Kinshasa television stations for
failing to submit administrative documents required by the press law.
The decree banned Africa TV, Couleurs TV, Radio Lisanga TV, Business
Radio Television-Africa, and Canal 5. JED charged that the decree
provided no legitimate reason for closing the stations and that the ban
was issued to silence the opposition. Africa TV and Couleurs TV were
owned by opposition figures Azarias Ruberwa and Zahidi Ngoma,
respectively. Radio Lisanga TV was owned by opposition Senator Roger
Lumbala. Later in the month, the communications minister reauthorized
all the stations except Canal 5 to recommence broadcasting. No
additional information was available.
During 2008 national and provincial governments continued to use
criminal defamation and insult laws to intimidate and punish those
critical of the government.
JED documented 16 cases of sanctions and 12 incidents of censorship
during the year. For example, during coverage of the controversy in
March 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 its annual report on press freedom, JED recorded one killing of
a journalist by unknown persons and 17 cases of threats or harassment
during the year.
On August 22, 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 on December 30.
In November 2008 unknown assailants in Bukavu shot and killed
Didace Namujimbo, a journalist for Radio Okapi. According to BVES,
three suspects had been arrested and detained in Bukavu prison, but
local authorities had not set a trial date.
In May 2008 PARECO leader Captain Ndaliko warned a journalist with
RTNC's local affiliate in North Kivu that ``I will kill you before the
International Criminal Court arrests us,'' according to JED. In April
2008 RTNC had broadcast an interview with three child soldiers, who had
fled from PARECO forces in Kirumba, North Kivu.
There were no developments in the 2007 killing by unidentified
armed men of independent reporter and photographer Patrick Kikuku in
Goma, North Kivu.
According to JED's annual report on press freedom, there were 31.8
percent fewer press freedom abuses, such as murder, assault, arbitrary
arrest and detention, threats, and illegal sanctions or censorship,
during the year than in 2008. Despite the decrease in abuses, JED did
not observe an improvement in the overall state of press freedom or
content of press reports. The NGO underlined that forces working to
restrict press freedom have become more subtle and more effective while
``methods of repression have become softer,'' leading journalists to
increasingly resort to self-censorship. Following a series of killings
of journalists since 2005, journalists have become afraid to address in
a professional manner certain difficult or sensitive topics, such as
the war in the east and corruption. In addition 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 since 2005. Many journalists said they
expected harassment would continue and possibly worsen as the 2011
elections drew nearer. The Congolese Union of Press Journalists
encouraged journalists to follow specific safety precautions for
working after dark and was establishing a safe house for journalists
who were required to work in the evening.
Internet Freedom.--The government did not restrict access to the
Internet or monitor e-mail or Internet chat rooms. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e-mail. Private entrepreneurs made Internet
access available at moderate prices through Internet cafes in large
cities throughout the country.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly;
however, the government sometimes restricted this right.
The government required organizers of public events to register
with local authorities in advance; to deny authorization, authorities
must do so in writing within five days of being notified of the planned
event. Security forces often acted against unregistered protests,
marches, or meetings. For example, police prevented members and
supporters of the Union for Democracy and Social Progress from holding
a rally.
During 2008 security forces occasionally arrested demonstrators.
For example, in February 2008 ANR agents arrested and briefly detained
30 persons following a demonstration at the central market in
Kisangani, Orientale, according to the UNJHRO.
No action was taken against security forces responsible for the
2007 killings of demonstrators in Bas-Congo or the beatings of 11
journalists who accompanied the opposition demonstrators.
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.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice, provided that worshippers did not disturb public order or
contradict commonly held morals.
The law provides for the establishment and operation of religious
institutions and requires practicing religious groups to register with
the government; however, unregistered religious groups operated
unhindered. Registration requirements were simple and
nondiscriminatory.
On the night of December 5-6, armed bandits in Kabare, South Kivu,
killed a Catholic priest. Two days later two nuns were shot, one
fatally. At year's end, authorities were investigating. There were
indications that the killings could have been politically motivated, as
the perpetrators did not steal anything.
There were no reports that persons were detained or imprisoned on
the basis of their religion. However, the government continued to hold
Father Masirika, a Catholic priest, in prison in Kinshasa without trial
on charges of participating in an insurrection movement.
There was no investigation into the use of excessive force by
security forces against the BDK in Bas-Congo in early 2008, where
police reportedly killed at least 100 BDK adherents and razed BDK
houses and temples (see section 1.a.).
Societal Abuses and Discrimination.--The country has a very small
Jewish population, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the government sometimes restricted these
rights.
Security forces established barriers and checkpoints on roads, at
ports, airports, and markets, ostensibly for security reasons, and
routinely harassed and extorted money from civilians for supposed
violations, sometimes detaining them until they or a relative paid. The
government forced travelers to pass through immigration procedures
during domestic travel at airports, ports, and when entering and
leaving towns.
Local authorities continued to extort taxes and fees from boats
traveling on many parts of the Congo River. There were also widespread
reports of FARDC soldiers extorting fees from persons taking goods to
market or traveling between towns.
There were reports of attempts by DGM officials to demand that
foreigners not carrying passports during the year pay fines, even
though the law does not require foreigners to do so.
Security services sometimes required travelers to present official
travel orders from an employer or government official.
The significant risk of rape by soldiers and armed groups, coupled
with government inability to secure eastern territories, effectively
restricted freedom of movement by women in many rural areas,
particularly in the east.
Passport issuance was irregular and often required payment of
substantial bribes. The law requires a married woman to have her
husband's permission to travel outside the country.
The law prohibits forced exile, and the government generally did
not employ it.
Internally Displaced Persons (IDPs).--There were more than 2
million IDPs in the country, including 881,000 in North Kivu, 700,000
in South Kivu, and 444,000 in Orientale (see section 1.g.).
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 70 ``spontaneous'' IDP sites and 16 IDP camps managed by
international NGOs and coordinated by the UNHCR. An estimated 120,000
IDPs lived in churches and schools. Displaced women and children were
extremely vulnerable to abuses by armed groups, including rape and
forced recruitment.
In mid-September there was a sudden exodus of between 58,000 and
65,000 residents of six IDP camps in and around Goma, North Kivu, into
Masisi Territory, North Kivu. A foreign assistance agency conducted a
study of the mass departures and determined that a variety of factors
were responsible. There were reports of excessive use of violence and
the violation of humanitarian principles during the camps' closure.
Some IDPs claimed that government agents pressured them to depart and
cited cuts in their food rations. Other IDPs, as well as the government
and UNHCR, cited the start of the school year, the coming rainy season,
improved security in their zones of origin, and fears that their land
would be confiscated as reasons for the exodus. The sudden camp
closures damaged relations among the North Kivu government,
humanitarian organizations, and displaced populations. While some of
the IDPs returned to secure environments and received assistance,
others stayed in transit sites and with host families.
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, 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 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 had established a rudimentary system for providing
protection to refugees. In practice it granted refugee and asylum
status to individuals as necessary and provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened 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 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.
From January to November, Angola expelled 85,000 illegal Congolese
immigrants to Bas-Congo. Starting in June the number of persons
expelled into Bas-Congo gradually increased and reached a peak of 3,000
a day between late September and early October. The DRC government
retaliated by expelling 30,000 Angolans, many of whom had refugee
status. MONUC verified that DRC authorities conducted their expulsions
peacefully. However, expelled Congolese entering the DRC reported
Angolan security forces committed abuses against them.
Government authorities did not provide adequate security to
refugees.
Unlike in the previous year, there were no reports that CNDP
elements recruited children from refugee camps in Rwanda to be used as
combatants or forced laborers in the east, according to representatives
of MONUC, the UNHCR, and local and international NGOs.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through credible presidential, parliamentary, and provincial elections
based on universal suffrage. Presidential and parliamentary elections
in June 2006 and a presidential runoff in October 2006 were judged to
be credible by the Carter Center and the EU Observer Mission.
Elections and Political Participation.--In Equateur, the country's
political opposition coalition lost its only governorship in an
election by members of the Equateur provincial assembly in November.
Provincial assembly members elected a candidate aligned with the
central government's coalition; the opposition alleged that the ruling
party bribed voters.
The 11 new provincial assemblies chose 108 candidates for five-year
terms in the national Senate in 2007. The elections took place
peacefully but were marred by credible allegations of vote buying.
According to the UN secretary-general's December report to the UN
Security Council, during the year the Senate nominated two members to
participate in an ad hoc committee to develop recommendations on
constitutional reforms. The committee was allegedly to review the
duration and number of presidential terms, as well as provisions
pertaining to the decentralization process and the judiciary. Several
NGOs and foreign diplomats expressed concern over the possibility that
the committee would approve, under executive branch pressure or
guidance, constitutional revisions that would, in effect, increase
executive powers. Other sources in parliament and government dismissed
these reports as rumors, saying that the committee was charged
primarily with examining the technical issues of decentralization. As
of year's end, there was no further action on this issue and no
additional information.
In September, in preparation for planned local elections, the
Independent Electoral Commission (CEI) completed the first round of
voter registration updates for Kinshasa, issuing an estimated 1.4
million new voter cards. However, a similar process for the country's
other 10 provinces continued to be delayed, as the government had not
yet disseminated to the CEI the official list of constituencies for the
local elections or provided funding. In December the UN secretary-
general reported to the UN Security Council that such delays cast doubt
over whether national elections, scheduled for 2011, could be held as
planned. In addition, according to other sources, due to a change in
the voter registration methodology, it was determined that the CEI
would need to conduct another round of voter registration in Kinshasa.
Based on new methodology adopted by the CEI in December, voter cards
issued for the 2006 elections would no longer be valid and would need
to be replaced.
In December President Kabila announced that local elections,
originally scheduled to be held in 2008, would be delayed until
February 2011 due to logistical challenges and would be followed by
presidential and legislative elections later in 2011. Some observers
expressed concern over the government's capacity, even with
international assistance, to ensure the orderliness and credibility of
multiple polls in a single year. In addition, uncertainty remained over
the decentralization process. Parliament passed the decentralization
law, but other crucial pieces of legislation to support the
decentralization process were pending, preventing the CEI from
proceeding with voter registration.
During the year press reports indicated that the government had
begun exerting pressure on MONUC and the UN Security Council to
withdraw the peacekeeping force from the country prior to the 2011
national elections. According to the UN secretary-general's December
report to the UN Security Council, President Kabila requested the UN to
submit a proposal, including a calendar, for the progressive drawdown
of MONUC, preferably starting by June 30, 2010, based on the evolution
of the security situation. The calendar and the modalities of the
drawdown would be mutually agreed between 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.
A 2007 law on the status and rights of the political opposition
recognizes opposition parties represented in parliament as well as
those outside it and 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.), and police prevented members and supporters of the Union for
Democracy and Social Progress from holding a rally.
In March National Assembly president Vital Kamerhe, formerly a
close ally of the president, resigned his leadership position after
publicly criticizing President Kabila for not consulting the
legislature before he made the decision to invite the Rwandan military
into the country in January for a joint military operation against the
FDLR. Some UN officials, foreign diplomats, and NGOs expressed concern
that the resignation reflected a setback in the capacity of the
legislature to counterbalance the executive branch, while others argued
that it was done legally within the framework of the constitution.
In 2008 police killed numerous supporters of the BDK during violent
clashes in Bas-Congo and systematically destroyed BDK meeting places
(see section 1.a.). In addition, an HRW report released in November
2008, entitled We Will Crush You: The Restriction of Political Space in
the Democratic Republic of the Congo, drew from hundreds of interviews
with government officials, diplomats, political detainees, and members
of civil society between 2006 and 2008 and concluded that since the
2006 national elections, there had been disturbing signs that the
government has used violence and intimidation to eliminate its
political opponents and restrict democratic space.
Unlike in the previous year, there were no reports that security
forces killed a member of the political opposition.
In their March 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,'' with one article
stating that the wife must obey her husband, and that women remained
underrepresented in the democratic institutions. Between 2005 and 2008
the proportion of seats held by women in parliament decreased from 12
percent to 8 percent. Women held 42 of 500 seats in the National
Assembly and 47 of 690 seats in the provincial assemblies. Five of the
108 senators were women. Among the 45 government ministers and vice
ministers, five were women.
Many ethnic groups, including Pygmies, were not represented in the
Senate, the National Assembly, or provincial assemblies. The lack of
political participation of some ethnic groups may have been a result of
continuing societal discrimination. For example, the enslavement of
Pygmies continued in some areas of the country (see section 5).
In March 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 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, as corruption
remained endemic throughout the government and security forces. The
public perceived the government to be widely corrupt at all levels.
According to the World Bank's Worldwide Governance Indicators, official
corruption was a severe problem.
Weak financial controls and lack of a functioning judicial system
encouraged officials to engage in corruption with impunity. Many civil
servants, police, and soldiers had not been paid in years, received
irregular salaries, or did not earn enough to support their families,
all of which encouraged corruption. 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 armed groups in the
east (see section 1.g.).
In September 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 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 the year a government-initiated review of 61 mining
contracts negotiated from 1997 to 2002 continued to be plagued by both
numerous delays and a lack of transparency. In December 2008 the
government reached new agreements with all but six of the companies
under review, and in November it formally announced the completion of
the process. One company continued to negotiate its contract.
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.
Corruption in the judicial and penal systems continued to be severe
(se sections 1.c. and 1.e.)
There continued to be an Ethics and Anticorruption Commission, but
it had little impact 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.).
In February 2008 the country was accepted as a candidate in the
Extractive Industries Transparency Initiative (EITI), an international
voluntary initiative designed to improve governance by strengthening
transparency in the extractive industries. To reach the validation
stage of EITI, the country began the process of adopting and
implementing various transparency principles by 2010.
The law does not provide for public access to government-held
information. In practice the government did not grant access to
government documents for citizens or noncitizens, including foreign
media.
In his press statement in October, 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, 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 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 Justice Plus in Bunia, Ituri
District.
Officials from the ministries of justice and human rights met with
domestic NGOs and sometimes responded to their inquiries but took no
other known action.
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.
Domestic human rights NGOs were particularly vulnerable to
harassment, arbitrary arrest and detention, and other abuses by
security forces when reporting on--or supporting victims of--abuses by
the FARDC and spotlighting the illegal exploitation of natural
resources in the east. For example, on July 24, 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. On September 21, a criminal court in the
Katangan capital of Lubumbashi found Misabiko guilty, on the basis of
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. Around the time of
his sentencing, Misabiko fled and remained outside the country at
year's end. An appeal was filed on his behalf.
On August 31, ANR agents arrested four members of the domestic NGO
Friends of Nelson Mandela for the Defense of Human Rights (ANMDH),
including its president, Robert Ilunga Numbi, on charges of rebellion,
civil disobedience, and defamation following the publication of a
communique in which Numbi condemned alleged inhumane working conditions
in Bas-Congo Province; 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 held Numbi for a month before granting him provisional
release on October 1. As of year's end, he was awaiting trial. No
additional information was available.
Authorities took no known action against FARDC soldiers who in
January 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 January 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 March
2008 threatened a human rights activist in Tshimbulu, Kasai Occidental,
when she sought information about a case of arbitrary arrest and
detention.
Authorities took no known action against the perpetrators of the
cases from 2007 in which security forces arbitrarily arrested,
detained, or abused human rights workers.
During the year domestic human rights NGOs, including one that
identified and liberated child soldiers from FARDC units and armed
groups, received death threats from unidentified individuals. For
example, on December 24, 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. During the year President
Kabila met with a representative of HRW to discuss the country's human
rights situation, and several ministers met with Global Witness to
exchange ideas on means to curb illegal exploitation of natural
resources. However, at a July 28 press conference, the minister of
communication accused HRW, Global Witness, and the International
Federation of Human Rights of trying to destabilize the country and
called them ``humanitarian terrorists.''
The government did not take adequate steps to protect international
human rights NGOs from violence or harassment in the east. In July men
in FARDC uniforms killed an employee of an international human rights
and humanitarian organization in North Kivu (see section 1.g.).
During the year unidentified armed men killed at least one employee
of an international human rights and humanitarian NGO (see section
1.g.).
In several reports submitted in September to the UPRWG,
international human rights NGOs underlined 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 October authorities in
Bas-Congo, including the governor, prevented the UN special rapporteur
on extrajudicial killings from holding any meetings in Kisantu or
speaking with any witnesses or victims of abuses committed by security
forces in 2008. Police also detained the individual who had arranged
meetings for the rapporteur, who lodged an official protest with the
government. He was later released after the rapporteur returned to Bas-
Congo on his behalf.
In addition, there was an increase in cases of members of security
forces obstructing human rights work by MONUC 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.).
No action was taken against ANR agents, who in 2007 subjected two
MONUC human rights officers in Uvira, South Kivu, to death threats,
physical abuse, and expulsion during a joint monitoring visit to ANR
holding cells.
Several senior UN officials visited the country during the year,
including UN secretary-general Ban Ki-moon, UNSRESAE Alston, the
special rapporteur on the situation of human rights defenders, Margaret
Sekaggya, the special representative of the secretary-general for
children and armed conflict, Radhika Coomaraswamy, the representative
of the secretary-general on the human rights of IDPs, Walter Kalin, and
a delegation of UN Security Council ambassadors.
UN officials freely criticized actions by the government during the
year. In its March report to the UNHRC, a group of seven UN special
rapporteurs and representatives expressed concern over the extent of
impunity for abuses and 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 (see sections 1.c., 1.d., 1.e., 1.g., 2.a., 2.d., 4, and 6).
In June, 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 with concern 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.
In September the UNJHRO released an investigative report on the
deaths of civilians during and following the November 2008 fighting in
the North Kivu town of Kiwanja between CNDP and local Mai-Mai
combatants. The UNJHRO concluded that the 120 MONUC military personnel
who were stationed in Kiwanja at the time of the killings ``were not
aware of the nature or magnitude of the situation, due to language and
cultural barriers or lack of effective communication with civil society
leaders in Kiwanja.'' The report commended the MONUC contingent's
efforts to evacuate humanitarian personnel while noting that MONUC was
``strongly criticized for not having protected the civilian
population.'' The report recommended further training of MONUC
personnel, the formulation of clearer criteria for exactly when
peacekeepers should intervene to protect civilians, better
communication between the population and peacekeepers, and an enhanced
understanding of the patterns of human rights abuses. However, the
report concluded that ``it is unclear whether any such response would
have had the necessary dissuasive impact with regards to the CNDP . . .
it is doubtful that MONUC would have had the capacity to protect those
civilians who were arbitrarily or summarily executed by the CNDP.''
The report also highlighted that, in response to lessons learned
from the Kiwanja killings, MONUC's use of innovative protection tools,
including the deployment of joint protection teams (JPTs) composed of
UNJHRO and other UN specialists, had contributed to improved
effectiveness in the area of protection (including in Kiwanja), in part
by developing stronger human rights analysis and facilitating greater
communication with the local population. It noted, however, the need to
provide JPTs with additional civilian staff and greater training for
civilian and military peacekeeping personnel in civilian protection.
In October, following his assessment visit to the country at the
invitation of the government, UNSRESAE Alston criticized the government
and MONUC, which provided logistical support to the FARDC in the east,
for not doing more to prioritize the protection of civilians in
planning two counterinsurgency operations during the year--Kimia II
against the FDLR in the Kivus, and Rudia II against the LRA in
Orientale. He detailed the humanitarian costs of Kimia II and concluded
that ``from a human rights perspective [Kimia II] has been
catastrophic.'' He also criticized officials for preventing him from
interviewing victims and witnesses of abuses allegedly committed by
FARDC members in Bas-Congo between 2006 and 2008.
Alston criticized the UN Security Council's mandate for MONUC for
having ``transformed MONUC into a party to the conflict'' in the Kivus,
and creating ``a conflict of interest in terms of [MONUC's] ability and
willingness to investigate allegations of abuses by the FARDC or by its
own forces.'' He further underlined ``serious concerns about the
measures the UN has taken to ensure that it is not implicated in the
rights abuses being committed by its partners'' (the FARDC). Noting
that human rights reporting would always be seen by some as a hindrance
to securing political reform, he also expressed concern over ``the
unavoidable tensions'' that had developed since the UN decided in 2006
to place the UN human rights monitoring component in the country under
the authority of a peacekeeping mission partly charged with securing
political reforms. Alston recommended creating a new mechanism to
ensure that the necessary human rights monitoring and reporting roles
were improved and carried out effectively, independently, and credibly.
He made other observations and recommendations regarding impunity for
killings, the penal system, sexual violence, and corruption (see
sections 1.a., 1.c., 1.d., 1.g., and 4).
A November report by the UNGOE presented evidence of abuses
committed by government security forces and armed groups in the east,
presented evidence that the government provided support for armed
groups in the east, and made several recommendations, including some
relating to the illegal exploitation of resources (see sections 1.g.
and 4).
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 less than 7
percent of communications, including urgent appeals, from UN special
procedures (rapporteurs and representatives), according to the UNHCHR.
However, several members of the UPRWG commended the government for its
cooperation with the UNHRC in the UPR process, including its submission
of a report in September to the UNHRC following consultations with
domestic NGOs. By year's end, the government had also established a
multistakeholder national commission, including domestic NGOs, to
follow up on recommendations made by the UPRWG.
During the UNHRC's UPR process, numerous domestic human rights NGOs
and the government underlined the need to establish a national human
rights commission.
In January Parliament created a human rights body, composed of
members from both legislative chambers, to investigate abuses by
security forces. It was not clear how active, effective, or independent
the body was.
During the year the government cooperated with the ICC, which
continued investigations into war crimes and crimes against humanity
committed in the country since 2003.
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 the government transferred Gregoire Ndahimana,
who had surrendered to authorities in August, 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.
According 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 scope of 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, 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, armed groups, and civilians perpetrated
widespread and sometimes mass rape against women and girls (see section
1.g.). On March 27, the UN secretary-general reported to the UN
Security Council that members of armed groups, 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 UNFPA reported that 15,996 new cases of
sexual violence were registered in 2008 throughout the country,
including 4,820 cases in North Kivu. 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 from agencies providing services to victims, remained
fragmented and incomplete. According to UN officials and NGOs such as
HRW, it was likely that most statistics on sexual violence represented
only a small percentage of the real total of rapes. Victims who were
unable or too scared or ashamed to seek assistance were not likely to
be counted. In May Nicola Dahrendorf, a former senior advisor and
coordinator on sexual violence for MONUC, estimated that less than 50
percent of women who were raped had access to health centers.
Prosecutions for rape and other types of sexual violence remained
rare. According to HRW, between January and August 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 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 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 security forces, who are responsible for rape.
Throughout the year, including in a report submitted in April 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 where 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, mandated by the UNHRC to urgently examine the status of
various rights in the country and provide technical assistance,
reported in March that the government had been sentenced 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.
During the year 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
armed groups), 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 keep
quiet, even to health care professionals, to safeguard the reputations
of the victim and her family.
Victims of gender-based violence faced an enormous social stigma.
After a sexual assault, many young women and girls were often labeled
as unsuitable for marriage and married women were frequently abandoned
by 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;
however, there were no statistics available regarding its extent.
Although the law considers assault a crime, it does not specifically
address spousal abuse, and police rarely intervened in domestic
disputes. There were no reports of judicial authorities taking action
in cases of domestic or spousal abuse.
The constitution prohibits forced prostitution and bans
prostitution of children under age 18. Although no statistics were
available regarding its prevalence, adult and child prostitution
occurred throughout the country, and there were reports of women and
girls pressured or forced to engage in prostitution by their families.
There were reports that members of the security forces harassed or
raped women engaged in prostitution.
Sexual harassment occurred throughout the country; however, no
statistics existed regarding its prevalence. The 2006 sexual violence
law prohibits sexual harassment, and the minimum penalty prescribed by
law is a prison sentence of one to 20 years; however, there was no
effective enforcement, and by the end of 2008 judicial authorities had
yet to prosecute any cases.
The government respected the right of couples to decide freely and
responsibly the number of children they would have and when they would
have them. However, women's access to contraception remained extremely
low, with only 6.7 percent of women using modern contraceptive methods.
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 wase 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 child
birth was high (74 percent).
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.''
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.--Although the government promulgated a child protection
code in January, the government's commitment to and budget for
children's welfare were inadequate.
The government did not register all births immediately. According
to 2007 UNICEF data, 31 percent of children were registered at birth.
However, UNICEF reported that following the government's adoption of a
National Plan of Action on Birth Registration in March, child birth
registration had increased in Kinshasa from 37 percent to 50 percent by
June. The lack of registration did not affect access to government
services, as birth registration was not a prerequisite for services.
In practice primary school education was not compulsory, free, or
universal, and few functioning government-funded schools existed.
Fighting that resumed in August 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.
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.
Reports received by the UN during the year indicated that parents
in conflict areas often prevented their children from going to school
(where schools were functioning) because of fear that armed groups
would forcibly recruit their children. The majority of schools in
conflict zones were dilapidated and had been closed due to insecurity.
In a report released in February, the UNCRC welcomed the
government's adoption on January 10 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 appeared to be
common. Although authorities made several arrests related to child
abandonment and abuse during the year, no cases had been prosecuted by
year's end.
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 constitution prohibits parental abandonment of children for
alleged sorcery; in practice such allegations led to abandonment and
abuse. The 2009 Child Protection Law provides for a sentence of
imprisonment for parents and other adults who accuse children of
witchcraft.
Child abuse was an especially serious problem in the eastern
conflict regions. A November 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 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. Their report to the UNHRC noted that,
according to the UNFPA, of 15,996 new cases of sexual violence
registered in 2008 throughout the country, 65 percent of victims were
children. The report also underlined 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 security forces or armed groups 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 security forces or armed groups 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 armed groups.
The law prohibits marriage of girls under age 14 and boys under 18;
however, marriages of girls as young as 13 took place. Dowry payments
greatly contributed to underage marriage. In some cases parents married
off a daughter against her will to collect a dowry or to finance a
dowry for a son. The sexual violence law criminalizes forced marriage.
It subjects parents to up to 12 years' hard labor and a fine of 92,500
Congolese francs (approximately $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 in 2008; no additional
information was available.
The minimum age of consensual sex is 14 for women and 18 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, Lazarius, police in
Kinshasa extorted sexual services from child prostitutes.
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.
According to UNICEF, there were more than 18,000 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 worked with 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. Security forces abused and
arbitrarily arrested street children (see sections 1.c. and 1.d.).
There were numerous reports that street children had to pay police
officers to be allowed to sleep in vacant buildings and had to share
with police a percentage of goods stolen from large markets.
In February the UNCRC underlined its concern over the frequency of
sexual assaults committed against street children, as well as 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 MONUC and UNICEF to promote
children's rights throughout the country.
Trafficking in Persons.--Several laws prohibited specific acts of
trafficking in persons; however, there were credible reports of
trafficking, particularly in the east. The laws that could be used to
prosecute cases against traffickers included the 2006 law on sexual
violence, which prohibits forced prostitution and sexual slavery, as
well as legislation prohibiting slavery, rape, and child prostitution.
The constitution forbids involuntary servitude and child soldiering;
however, the laws do not prohibit all forms of trafficking.
The country was a source and destination country for men, women,
and children trafficked for forced labor and sexual exploitation. There
were reports of children prostituted in brothels or by loosely
organized networks, some of whom were exploited by FARDC soldiers.
Women and children were trafficked internally for domestic servitude
and, in smaller numbers, to South Africa, the Republic of the Congo,
and European countries, such as Norway, for sexual exploitation. No
statistical information existed on the extent of adult or child
prostitution. In February the UNCRC expressed concern over the
continued trafficking and selling of children for sexual exploitation
and economic exploitation, and, among other steps, it recommended that
the government establish a system for collecting and disaggregating
data on trafficking-related abuses.
MONUC and the NGO Save the Children estimated there were tens of
thousands of children working in the mining sector, most often in
extremely dangerous conditions as artisanal miners. According to
UNICEF, 11 percent of children between the ages of four and 15 were
involved in some form of exploitative and harmful child labor.
The majority of reported trafficking was conducted in the unstable
eastern provinces by armed groups outside government control (see
section 1.g.). Indigenous and foreign armed groups, including the FDLR,
CNDP, various local militia (Mai-Mai), and the Uganda-linked LRA
continued to abduct and forcibly recruit men, women, and children to
serve as laborers (including in mines), porters, domestics, combatants,
and sex slaves. In some instances elements of the FARDC detained men
and women for temporary forced labor. During the year there were
several reported cases of FARDC troops, mainly ex-CNDP soldiers in the
FARDC, recruiting additional children and preventing UN child
protection officers from accessing child soldiers in their ranks (see
section 1.g.). Unlike in the previous year, there were no reports of
recruitment by CNDP (or ex-CNDP) combatants of children from refugee
camps in Rwanda.
According to the UNHCR, between September 2008 and June, the LRA
abducted an estimated 1,400 individuals, mostly women and children,
from the northeast.
All armed rebel groups in the east increased efforts to recruit
children, especially children who were former child soldiers, to serve
as soldiers and sex slaves, according to the NGO Save the Children (see
section 1.g.).
The law specifically prohibits and provides penalties of 10 to 20
years' imprisonment for child and forced prostitution, pimping, and
trafficking for sexual exploitation. The government's capacity to
apprehend, convict, or imprison traffickers remained weak; however,
unlike in the previous year, there were a few reported investigations
or prosecutions of traffickers. For example, in March Bukavu police
arrested a nightclub owner for allegedly prostituting 10 girls and
seven boys in his facility; in June he was remanded to prison to await
formal charges; no additional information was available at year's end.
In addition in March the Kipushi Military Tribunal sentenced Kynugu
Mutanga (aka Gedeon) to death for crimes against humanity, including
illegal child conscription. Seven of his codefendants received
sentences ranging from seven to 10 years' imprisonment for complicity
in these crimes, 11 received lesser sentences, and five were acquitted.
Military authorities took no action against commanders who employed
child soldiers. For example, Commander Jean-Pierre Biyoyo, formerly of
the Mudundu-40 armed group and member of the FARDC and the first person
convicted by the country's courts of conscripting children, had not
been reapprehended since his escape from prison in 2006.
The Ministry of Justice was responsible for combating trafficking.
Law enforcement authorities were rarely able to enforce existing laws
due to lack of personnel, training, and funding and the limited
accessibility of eastern areas of the country.
The government's antitrafficking programs were limited and lacked
resources. However, under the National Disarmament, Demobilization, and
Reintegration Program, ex-combatants, including child soldiers, passed
through a common process during which they disarmed and received
information about military and civilian reintegration options. During
this process the National Demobilization Agency, in cooperation with
MONUC, identified, separated out, and transported any identified
children to NGO-run centers for temporary housing and vocational
training. The DDR program, with support from UNICEF and other child
protection agencies, demobilized 5,930 children, including 1,222 girls,
from armed groups and the security forces during the year; it
demobilized an estimated 5,000 children in 2008.
MONUC reported that it had facilitated the release of a total of
2,284 children from the armed groups between January and December.
Between 2004 and November 2008 more than 31,000 children were released
from the FARDC and armed groups. During the year the UNCRC expressed
concern about the rerecruitment of children, due in part to
insufficient reintegration support from earlier disarmament,
demobilization, and reintegration processes.
In addition, in the east there were reports of certain FARDC units,
comprised mainly of ex-CNDP soldiers, preventing UN officials from
providing assistance to child soldiers in their ranks (see section
1.g.).
The Katanga provincial government also funded and operated a center
for vulnerable children in Lubumbashi and worked with Save the
Children, Solidarity Center, and other NGOs to direct children away
from the mining sector and into formal education.
The government provided training to some police and military
personnel on preventing sexual violence and child soldiering.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 the blind, 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,
children).
National/Racial/Ethnic Minorities.--Members of the country's more
than 400 ethnic groups practiced societal discrimination on the basis
of ethnicity, and discrimination was evident in hiring patterns in some
cities. The government took no reported actions to address this
problem.
Security forces in Kinshasa sometimes harassed, arbitrarily
arrested, or threatened members of ethnic groups from Equateur,
according to the UNJHRO. Security forces in North and South Kivu
sometimes harassed, arbitrarily arrested, or threatened members of many
different ethnic groups resident there.
Discrimination against persons with albinism was widespread and
limited their ability to obtain employment, health care, 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, 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, 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 at least
100 civilian deaths, as many as 60,000 internally displaced persons,
and more than 117,000 refugees, of whom 109,000 fled into the
neighboring Republic of the Congo and 18,000 into the Central African
Republic.
During the year the special adviser to the UNSG on the prevention
of genocide expressed concern regarding the situation in North Kivu,
including the risk of genocidal violence. The special adviser cited
allegations and counterallegations by various groups that genocide
continued in the east and that this rhetoric had drastically increased
tensions between ethnic communities. He concluded that the risk of
individuals being targeted because of their ethnicity was pronounced,
above and beyond other underlying causes of conflict.
Indigenous People.--The country had a population of between 10,000
and 20,000 Pygmies (Twa, Mbuti, and others), believed to be the
country's original inhabitants; 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 North Kivu between armed groups and government security forces
caused displacement of some Pygmy populations.
In some areas traditional leaders (mwami) and wealthy persons
captured Pygmies and force them into slavery. 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 August 2008, 96 Pygmy slaves were
released; 46 of the group belonged to families that had been enslaved
for generations.
No action was taken against PNC officers, who in 2007 arrested a
Pygmy and subjected him to cruel, inhuman, and degrading treatment for
no known reason.
In a report submitted in September to the UPRWG, a coalition of
local NGOs expressed concerns over the exploitation of forestry
resources that endangered Pygmies' way of life in the provinces of
Equateur and Orientale, and over the social marginalization of Pygmies.
In a separate report for the UPRWG, the UNHCHR cited past concerns
expressed by the UN Committee on the Elimination of Racial
Discrimination (CERD) over the lack of guarantees for the rights of
Pygmies to own, exploit, control, and use their lands, resources, and
communal territories. According to CERD, concessions were granted on
the lands and territories of indigenous peoples without their prior
permission or other input.
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. Homosexuality remained a
cultural taboo, but there were no reports during the year of police
harassing homosexuals or perpetrating or condoning violence against
them. There were no reports during the year of official or societal
discrimination based on sexual orientation in employment, housing,
education, or health care.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination based on HIV/AIDS status.
In July 2008 President Kabila promulgated a new 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 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. Of an
estimated 24 million adults of working age, 128,000 employees in the
private sector (0.5 percent) belonged to unions, according to the U.S.
NGO Solidarity Center. No information was available regarding the
number of union members in the public sector. The informal sector,
including subsistence agriculture, constituted at least 90 percent of
the economy. The law provides for the right of unions to conduct
activities without interference and to bargain collectively; however,
the government did not always protect these rights.
Private companies often registered bogus unions to create confusion
among workers and discourage real ones from organizing. According to
the Solidarity Center, many of the nearly 400 unions in the private
sector had no membership and had been established by management,
particularly in the natural resources sector.
The constitution provides for the right to strike, and workers
sometimes exercised it. In small and medium-sized businesses, workers
could not exercise this right effectively in practice. With an enormous
unemployed labor pool, companies and shops could immediately replace
any workers attempting to unionize, collectively bargain, or strike,
and, according to the Solidarity Center, companies and shops did so
during 2008. 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.
Unlike in 2008, there were no reports of the use of violence by
security forces against unions. There were no developments concerning
the March 2008 incident during which police in Katanga reportedly fired
into a crowd and killed a boy during clashes with hundreds of artisanal
miners.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining was ineffective in practice. The government set public
sector wages by decree, and unions were permitted to act only in an
advisory capacity. Most unions in the private sector collected dues
from workers but did not succeed in engaging in collective bargaining
on their behalf.
The law prohibits discrimination against union employees, although
authorities did not enforce this regulation effectively, 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, indigenous and foreign armed groups
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.).
The military took no action against FARDC soldiers who used forced
labor and abducted civilians for forced labor in 2009, 2008, or 2007.
In the mining sector, middlemen and dealers acquired raw ore from
unlicensed miners in exchange for tools, food, and other products.
Miners who failed to provide sufficient ore became debt slaves, forced
to continue working to pay off arrears. The government did not attempt
to regulate this practice.
Armed groups operating outside central government control subjected
civilians, including children, to forced labor, including sexual
slavery (see section 1.g.).
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace;
however, government agencies did not effectively enforce child labor
laws. Child labor remained a problem throughout the country, 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, employers may legally hire minors between the ages of 15
and 18 with the consent of a parent or guardian. Those under 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. Security
forces and armed groups 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 security
forces was not limited to conflict zones. For example, in October
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 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).
According to a 2007 Save the Children report, approximately 12,000
children in Kasai Oriental were employed at 20 unlicensed diamond
mining sites. The children excavated, transported, and washed dirt in
search of diamonds. At mines near Tumpatu, Kasai Oriental, girls who
were approximately 12 years old worked as prostitutes. According to the
report, preteen children also worked digging tombs at the cemeteries
for 500 to 1,000 Congolese francs (approximately $.55 to $1.10) per day
and as dishwashers and guards at restaurants for 125 to 250 Congolese
francs (approximately $.14 to $.28) per day. No action was taken
against mine operators and supervisors.
In addition children were used to extract copper, cobalt, and gold.
In the east, armed groups 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.
During the year 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.
In November 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.
e. Acceptable Conditions of Work.--Employers in the informal sector
often did not respect the legally required minimum wage of 500
Congolese (approximately $0.55) per day. The average monthly wage did
not provide a decent standard of living for a worker and family.
Government salaries remained low, ranging from 25,000 to 55,000
Congolese francs (approximately $28 to $61) 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 security forces for
illegally entering mining concessions.
__________
REPUBLIC OF THE CONGO
The Republic of the Congo, with an estimated population of four
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 the
July 12 election with 78 percent of the vote. While the election was
peaceful, opposition candidates and nongovernmental organizations
(NGOs) cited irregularities. The African Union declared the elections
to have been free and fair. Civilian authorities generally maintained
effective control of the security forces.
The government's human rights record included instances of abuses
including: killings of suspects by security forces; mob violence;
beatings and other physical abuse of detainees; rapes; solicitation of
bribes and theft; harassment and extortion of civilians by unidentified
armed elements; poor prison conditions; official impunity; arbitrary
arrest; lengthy pretrial detention; an ineffective and largely
nonfunctioning judiciary; infringement of citizens' privacy rights;
restrictions on freedom of speech, press, association, and movement;
official corruption and lack of transparency; domestic violence,
including rape, and societal discrimination against women; trafficking
in persons; discrimination on the basis of ethnicity, particularly
against Pygmies; and child labor.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
In January journalist and activist Bruno Jacquet Ossebi, known for
outspoken coverage of government corruption, was in a house fire which
some organizations believed was set for political reasons, but others
reported it as a simple electrical fire. Ossebi's companion and child
died in the fire, while he died several days later in the hospital. The
death was officially declared an accident, and there was no
investigation. Ossebi's last article before his death described
corruption in the management of the country's oil wealth. He had also
reported on a lawsuit involving three African leaders, including
President Nguesso.
In December 2008 the Congolese Observatory of Human Rights reported
the killing of Jean Bambelo, a domestic employee, by a government
official. After an investigation, the official's military bodyguards
were arrested, sentenced to 15 years in prison, and stripped of their
military rank. No action was taken against the official.
In June 2008 Silvain Banobi died from wounds inflicted by the
Nkombo Public Security Post. By year's end there had been no
investigation into his death.
No investigation was conducted into the 2008 death of Guy Poaty,
who died in custody after being beaten and reportedly tortured by
police in Pointe Noire.
There were no further developments in the following 2007 cases: the
death of Guy Yombo, a prisoner at the Ouenze jail; the death of a
Brazzaville prisoner trying to escape from jail; and the killing by
police of three armed suspects in Brazzaville who were resisting
arrest.
Local inhabitants frequently took the law into their own hands to
punish persons presumed or known to be police or military personnel who
looted civilian residences, resulting in death or serious injury. Such
incidents were most common in remote areas.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There were no further developments in the disappearance and
presumed deaths of 353 persons in the 1999 ``Beach'' incident. The
individuals were separated from their families by security forces in
1999 upon their return from the Democratic Republic of Congo (DRC). The
families of the victims tried unsuccessfully to use French courts to
bring claims of criminal wrongdoing against individuals and the
Congolese government. In April 2008 French courts ruled against
allowing the cases to proceed in the French judicial system. In 2005 a
Brazzaville court acquitted 15 high-ranking military and police
officials accused of involvement in the case. In 2006 the Supreme Court
refused to consider an appeal by the families.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices and,
unlike the previous year, there were no confirmed reports that
government officials employed them.
On January 14, Mayor Gomez De Makanda shot and wounded Nuptia
Managu, in Bacongo market, while firing at the tires of a local taxi
blocking the road. The mayor was removed from office, but no trial had
been scheduled by year's end.
Police assaulted international journalists (see section 2.a.).
Unlike the previous year, there were no confirmed reports that
security force members raped female detainees.
During the year two gendarmes were dismissed from duty for the 2008
rape of a woman in detention in the Talangai District of Brazzaville.
By year's end no charges had been brought against the officers.
No action was taken against police for the beating of civilians and
destruction of property during the August 2008 raids on restaurants,
snack bars, and kiosks, and no investigation was conducted during the
year.
Prison and Detention Center Conditions.--Prison and detention
center conditions were harsh and life threatening. Prisons were
overcrowded. More than 500 prisoners were housed in the Brazzaville
Maison d'Arret, known as the central prison, which was built in 1944
for fewer than 100 prisoners. In the central prison, the only prison in
the capital, most cellmates slept on the floor on cardboard or thin
mattresses in small cells, exposing them to disease. Food was poor and
health care virtually nonexistent, provided primarily, if at all, by
outside charities. Prisoners and detainees in the central prison
usually received one meal per day.
There were six prisons in the country but only two were in
operation: the one in Brazzaville and one in Pointe Noire. Other
facilities stopped functioning in 2008 due to dire conditions, and many
prisoners were allowed to leave. By year's end the prison population
was an estimated 492, the majority of whom were awaiting trial; most
were jailed for assault and robbery. The Brazzaville prison held 347
prisoners, including 37 women and 45 minors. The Pointe Noire prison
held 165 prisoners, including three women and two minors.
There were separate facilities for women and men. Juveniles were
held with adults, and pretrial detainees were held with convicted
prisoners.
The government continued to grant access to prisons and detention
centers to domestic and international human rights groups. During the
year the International Committee of the Red Cross (ICRC), local human
rights groups, and NGOs regularly visited prisons and detention
centers.
The ICRC maintained an office in Brazzaville. During the year
access to government officials and detainees remained good for
international humanitarian officials. In contrast, local NGOs had poor
access.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. However, members of the
security forces unreasonably and arbitrarily detained persons for minor
offenses, mostly traffic-related, and required them to pay bribes on
the spot as a condition for release.
A number of politically motivated arrests occurred in Brazzaville
related to the July presidential elections (see section 1.e.).
Role of the Police and Security Apparatus.--The security forces
include the police, gendarmerie, and military. The police and the
gendarmerie are responsible for maintaining internal order, with police
primarily in cities and the gendarmerie mainly in other areas. Military
forces are responsible for external security, but also have domestic
security responsibilities, such as protecting the president. The
minister of defense oversees the military forces and gendarmerie, and
the minister of security oversees the police.
A joint police unit under the Ministry of Security and Public Order
is responsible for patrolling the frontiers. Another unit, the military
police, is composed of military and police officers and is primarily
responsible for investigating professional misconduct by members of any
of the security forces. Overall, professionalism of the security forces
continued to improve, in large part due to training by the
international law enforcement community. The government generally
maintained effective control over the security forces; however, some
members of the security forces acted independently of government
authority and committed abuses.
Corruption remained a significant problem in the security forces.
During the year there were reports of arrested individuals whose
families bribed police to secure their release.
Traffic police extorted bribes from taxi drivers and others under
threat of impoundment of their vehicles. Although the Human Rights
Commission (HRC) was established for the public to report security
force abuses, impunity for members of the security forces 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 more than 70 percent of the population had an income below
the poverty level and could not afford to post bail. Detainees
generally were informed of the charges against them at the time of
arrest, but formal charges often took at least one week to be filed.
Police at times held persons for six months or longer due to
administrative errors or delays in processing detainees. Most delays
were attributed to lack of staff in the Ministry of Justice and court
system. Lawyers and family members usually were given prompt access to
detainees, and indigent detainees were provided lawyers at government
expense. If indigent detainees were detained outside a major city, they
were often transferred to the closest town or city where an attorney
was available.
Arbitrary arrest continued to be a problem. The most common cases
were threats of arrest to extort bribes. These were perpetrated most
often against vehicle operators (mainly taxi drivers) by police,
gendarmes, or soldiers. Immigration officials also routinely stopped
persons and threatened them with arrest, claiming they lacked some
required document, were committing espionage, or on some other pretext
to extort funds. Most often these incidents resulted in the bribe being
paid; if not, the person was detained at a police station (or the
airport) until either a bribe was paid or pressure was placed on
authorities to release the individual.
The arrests of opposition members Malgala Sabin, Douniama-Etou Jean
Ferenzi, and Ernest Ngalou following the July 12 elections were
perceived to be politically motivated.
On July 15, security forces arrested former self-exiled opposition
leader and Lissouba loyalist General Ferdinand Mbaou upon his arrival
at the Brazzaville airport. Mbaou, who had been in exile in France
since 1997, was charged with breaching national security. At year's end
he remained in police custody.
Gilbert Nsonguissa, an advisor to the exiled former minister of
finance Nguila Moungounga Nkombo, was arrested in September 2008 while
conducting an opposition party rally. Nsonguissa was released in
December and returned to 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 a
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.
The judicial system consists of traditional and local courts,
courts of appeal, a Court of Accounts, the High Court of Justice, the
Constitutional Court, and the Supreme Court. In rural areas,
traditional courts continued to handle many local disputes,
particularly property and inheritance cases, and domestic conflicts
that could not be resolved within the family. The Court of Accounts'
function is to hear cases related to mismanagement of government funds.
The Constitutional Court's responsibilities are to adjudicate the
constitutionality of laws and judicial decisions, and review judicial
decisions or crimes involving the president and other high-ranking
authorities in the conduct of their official duties. Local courts dealt
with criminal and civil complaints. The Supreme Court met regularly and
primarily heard cases related to the legality of land seizures by the
government during the civil war. It also reviewed administrative and
penal cases from lower courts.
Trial Procedures.--The constitution provides for the right to a
fair trial presided over by an independent judiciary; however, the
legal caseload far exceeded the capacity of the judiciary to ensure
fair and timely trials, and most cases never reached the court system.
Some prisoners were subsequently freed and considered to be in pending
trial status, but most remained in pretrial detention. In general, when
trials occurred prior to 2006, defendants were tried in a public court
of law presided over by a state-appointed magistrate.
Defendants are presumed innocent, have the right to appeal, to be
present at their trial, and to consult with an attorney in a timely
manner. An attorney is provided at public expense if an indigent
defendant faces serious criminal charges. Defendants can confront or
question accusers and witnesses, and present witnesses and evidence on
their own behalf. The defense has access to prosecution evidence.
Juries are used. In principle, the law extends the above rights to all
citizens.
The military has a tribunal system--the Martial Court--to try
criminal cases involving military members, gendarmerie, or police.
Civilians are not tried under this system. This body was believed to be
subject to influence and corruption. However, in a continuation of a
2007 investigation into corrupt military payroll practices, during the
year the Martial Court suspended the salaries of more than 500 current
and former military personnel. The court continued repayment of the
lost funds by garnishing wages from these personnel.
Political Prisoners and Detainees.--There were some political
prisoners and detainees (see section 1.d.). Political prisoners may be
detained for up to one month, 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 more. As in previous years, local and international NGOs,
including the ICRC, reported monitoring the condition of several
political prisoners.
There were no further developments in the case of three exiled DRC
military officers, who have been in pretrial detention pending
extradition since 2004.
Civil Judicial Procedures and Remedies.--There is a civil court
system; however, it was widely believed to be subject to the same
corrupt practices as found in the criminal court system. Although
persons can file a lawsuit in court on civil matters, including seeking
damages or cessation of a human rights violation, no such cases were
known to exist. There remained general mistrust of the judicial system
as a means to address human rights issues.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions and,
unlike in the previous year, the government generally respected these
prohibitions in practice.
Unlike in the previous year, there were no reports that citizens
believed the government monitored telephone and mail communications of
selected individuals.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, but also criminalize certain
types of speech, such as incitement of ethnic hatred, violence, or
civil war. The government at times limited freedom of speech and press.
Freedom declined during the year, according to international NGO
Freedom House. Broadcast journalists and government print media
journalists practiced self-censorship. The nongovernmental print media
experienced few constraints as long as its reporting stayed only in
print form and was not broadcast.
Individuals could criticize the government publicly or privately
without reprisal on relatively minor issues. However, persons feared
reprisal if they named high-level officials while criticizing
government policies. The government generally did not proactively
attempt to impede criticism by, for example, monitoring political
meetings, but it sometimes punished critics after the fact.
There was one state-owned newspaper, La Nouvelle Republique, and
several publications that 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; unlike in
previous years, two of the four stations were increasingly critical of
the government. Several satellite television services were available
and permitted the few who could afford it to view a wide range of news
programs.
Government journalists were not independent and were expected to
report positively on government activities. There was evidence that
when government journalists deviated from this guidance there were
adverse consequences, especially if they were critical of the president
or other senior officials. A journalist reporting on official
corruption died in a home fire suspected by some to have been
politically motivated, although official investigation ruled out foul
play (see section 1.a.).
During the July presidential elections, several international
journalists reported harassment by military police. Thomas Fessy from
BBC and Marlene Rabaud of France 24 both reported physical assault and
seizure of equipment by police. Catherine Ninin of Radio France
International reported being threatened and harassed in her hotel by
security agents. Committee to Protect Journalists program coordinator
Tom Rhodes called on the government to halt the intimidation, return
seized equipment, and compensate media for damages. However, by year's
end the government had taken no action.
On September 14, security forces arrested without charge British
filmmaker Graham Hughes; the government claimed he was taking pictures
of government leaders. Security officials seized his glasses, medicine,
camera, and video equipment. Hughes, who described his conditions of
detainment as ``shocking,'' was denied consular access for four days;
he was released on September 19.
There were no further developments in the case of television
journalist Christian Perrin, who was fined in July 2008 for airing
footage of a riot.
No action was taken against police responsible for beating reporter
Giscard Mayoungou in September 2008.
A number of Brazzaville-based journalists 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 had not repealed the
policy that allowed revocation. This policy affected journalists
employed by both international and government-controlled media. Local
private journalists were not affected by the policy.
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.
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 in practice.
Groups that wished to hold public assemblies were required to seek
authorization from the Ministry of Territorial Administration and
appropriate local officials, who could withhold authorization for
meetings that they claimed might threaten public order.
The government prevented political parties from organizing public
events. On July 15, security forces prevented the opposition political
parties led by opposition leader Mathias Dzon from holding their press
conference at the parliament. The incident resulted in a public
disturbance in which police were required to intervene.
Opposition parties cited three other instances of state
interference in their peaceful assembly during the year. The opposition
party, Front des Partis de L'Opposition Congolaise, claimed it was
forbidden to hold meetings on April 11 in Kinkala, on April 5 in Pointe
Noire, and simultaneously on July 15 in the cities of Pointe Noire,
Dolisie, Mossendjo, Nkayi, Ouesso, Owando, and Kinkala. During the July
15 assembly, a policeman fired a warning shot which injured two
bystanders. There were no further developments by year's end.
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.
During the year Marien Ngouabi and Ethics, a political opposition
group that unsuccessfully sought to organize in 2008, instead applied
for registration in France.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Societal Abuses and Discrimination.--There were no reports of
discrimination against members of religious groups. There was no
substantial Jewish community in the country. There were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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; however, in practice the government at times imposed
limitations. Immigration officials routinely stopped travelers on
various pretexts to extort funds.
Although the 2003 disarmament agreement effectively ended the
organized rebellion in the Pool region, unidentified armed elements
believed to be former Ninja rebels continued to harass and intimidate
citizens. Since the Pool region is bisected by the only road and rail
links between Brazzaville and the port of Pointe Noire, reduced but
continuing rebel activity and banditry in the region limited the
freedom of movement of persons and goods. Unlike in previous years,
there were no reports of deaths attributed to banditry in the Pool
region. The national police reported that former Ninjas continued to
rob and harass vehicles and train passengers.
During the year several political opposition leaders were banned
from travelling outside the country. Ange Eduard Poungui, vice
president of the Panafrican Union for Social Democracy (UPADS);
opposition leader Mathias Dzon; and Emmanuel Ngouelondele, president of
the Party for Democratic Alternance, were turned away at Brazzaville's
airport as they attempted to board international flights. The
government claimed the ban was due to an ongoing investigation into the
role of these individuals in the July 15 protest, which resulted in a
shooting. The complete list of individuals banned from travel was not
publicly announced. Effectively, the only way for members of the
opposition to know whether they were banned from foreign travel was to
attempt to board an international flight.
The law prohibits forced exile, and the government did not use it.
The government did not generally prevent the return of citizens,
including political opponents of the president, although some were
arrested upon their return to the country. Former president Pascal
Lissouba, who was sentenced in absentia in 2001 to 30 years in prison
for ``economic crimes,'' remained in exile in France. On December 13,
the national assembly passed a bill granting Lissouba amnesty. At
year's end the bill was awaiting the president's approval.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the 1960 African Union Convention Governing the Specific Aspects of
the Refugee Problem in Africa. Its laws provide for the granting of
asylum or refugee status, and the government has established a system
for doing so. 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 country, especially areas that border the DRC, has seen
numerous instances of displaced persons in recent years. For example,
since October the country has experienced an influx of displaced
persons into Likouala. In less than two months, 90,000 persons entered
this isolated region of the country.
Although at year's end the government had not decided whether the
latest group of displaced persons to arrive in the country should be
identified as refugees, it responded efficiently to meet their needs.
Beginning in October the government provided fuel for World Food
Program barges, deployed military forces to guarantee the security of
displaced persons and relief workers, allocated land to be set aside
for settlement camps and farms, and allowed the UN High Commissioner
for Refugees (UNHCR) to begin a formal registration process.
In this case and throughout the year, the government cooperated
with the UNHCR, other agencies of the UN system, and humanitarian
organizations in assisting refugees and asylum seekers. The government
cooperated with the UNHCR in the voluntary return of refugees,
including former combatants from the DRC, to their home countries. In
the wake of the refugee influx into Likouala in October, the government
set up a crisis committee cochaired by the UNHCR and coordinated the
national and international response to the situation with the UN
country team.
Applications for refugee status were handled by the National
Refugee Assistance Center (CNAR). Although the center experienced some
financial difficulties in 2007, it was fully operational during the
year. The CNAR received between 80 and 90 percent of its operating
budget from the UNHCR. Since 2007 the CNAR and the UNHCR have worked to
reduce a heavy backlog and have processed approximately 3,000 refugee
applications in the last two years. According to the UNHCR, as of
September, the country hosted an estimated 18,210 refugees and 4,455
asylum seekers. The refugees came from the DRC (9,224); Rwanda (7,868);
Angola (813); and other countries (305).
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 presidential election.
Elections and Political Participation.--Denis Sassou Nguesso was
reelected president in the July 12 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 a discrepancy
between the officially reported rates of voter participation and that
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.
Following the election, the government restricted the travel of
several opposition politicians including Mathias Dzon and Herve
Malonga. These restrictions were lifted on October 30.
Major political parties included the ruling Congolese Labor Party;
the Pan-African Union for Social Development; the Congolese Movement
for Democracy and Integrated Development; the Union for Democracy and
the Republic; the Rally for Democracy and Social Progress; and the
Union for Progress. Opposition parties encountered government
restrictions, particularly with regard to the right to organize.
Political opposition parties were restricted from organizing before,
during, and after the July presidential elections (see section 2.d.).
Following the July election, the newly appointed government
included a number of high-ranking politicians from northern ethnic
tribes as well as a number of representatives from other regions and
ethnicities.
There were eight women in the 72-seat senate and seven women in the
137-seat national assembly. There were six women in the 38-member
cabinet.
Despite a 2006 parliamentary reaffirmation of their right to vote,
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. During the year the
parliament passed a new law to protect the rights of Pygmies (see
section 6.).
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. 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 demands for bribes by security personnel, customs
officials, and immigration personnel.
Senior officials were subject to financial disclosure laws. It was
unclear if the officials 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 of their
findings on human rights cases. Government officials generally were
more cooperative and responsive to international groups than to
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 watchdog
and addressing public concerns on human rights issues. Some observers
claimed that the commission was completely ineffective and lacked
independence. The president appointed most, if not all, of its members.
On December 14, the commission met for the second time since 2008 to
draft the 2010 agenda and to commission bylaws.
The ICRC maintained an office in Brazzaville. During the year
access to government officials and to detainees remained good for
international humanitarian officials. Local NGOs, in contrast, had poor
access.
Representatives from the International Court of Justice visited
Brazzaville in November, but did not issue any report.
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 disability;
however, the government did not effectively enforce these prohibitions.
There were documented instances of societal discrimination and violence
against women, regional ethnic discrimination, and discrimination
against indigenous persons.
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 the
provisions of the law. Rape was common, but the extent of the problem
was unknown because the crime was seldom reported. As of July a total
of 182 cases of rape had been reported to local police. Fewer than 25
percent of reported rape cases were prosecuted, according to local and
international NGO estimates.
Domestic violence against women, including rape and beatings, was
widespread but rarely reported. There were no specific provisions under
the law outlawing spousal battery, other than general statutes
prohibiting assault. Domestic violence traditionally was handled within
the extended family or village, and only more extreme incidents were
reported to the police, primarily due to the social stigma for the
victim. Local NGOs continued awareness campaigns and workshops.
Female genital mutilation (FGM) was not practiced indigenously and
is against the law. It may have occurred, however, in some immigrant
communities from West African countries where it was common. There were
no known governmental or other efforts to investigate or combat FGM.
Prostitution is illegal, but was common, and the government did not
effectively enforce this prohibition.
Sexual harassment is illegal. Generally the penalty is two to five
years in prison. In particularly egregious cases, the penalty can equal
the maximum for rape, five to 10 years in prison. However, the
government did not effectively enforce the law. 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 because of the expense. Health clinics and public hospitals
were generally in poor condition and lacked experienced health staff.
Men and women received equal access to diagnosis of and treatment for
sexually transmitted infections, including HIV. The National Committee
to Fight AIDS coordinates national policy to counter the spread of the
HIV/AIDS virus.
Marriage and family laws overtly discriminate against women.
Adultery is illegal for women but not for men. Polygyny (having
multiple wives) is legal; polyandry (having multiple husbands) is not.
The law provides that a wife shall inherit 30 percent of her husband's
estate. In practice the wife often lost all inheritance upon the death
of her spouse, particularly under traditional or common-law marriage.
The symbolic nature of the dowry is set in the law; however, this often
was not respected, and men were obliged to pay excessive bride prices
to the woman's family. As a result, the right to divorce was restricted
for some women because they lacked the means to reimburse the bride
price to the husband and his family. This problem was more prevalent in
rural areas than in urban centers. The Ministry of Social Affairs was
in charge of protecting and promoting the rights of women, but it did
not effectively perform this function.
The law prohibits discrimination based on gender and stipulates
that women have the right to equal pay for equal work. However, women
were underrepresented in the formal sector. Women experienced economic
discrimination in access to employment, credit, 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 the responsibility of the 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 had a
difficult time registering, as it was done only in the major city of
each department. The government continued a system to provide free
birth registration in Brazzaville, but, as in previous years, the
program did not cover other areas of the country.
Education was compulsory, tuition-free, and universal until the age
of 16, but families were required to pay for books, uniforms, and
school fees. School enrollment was generally higher in urban areas.
Although there was no specific data available, Pygmy children were at a
disadvantage in school attendance since their parents generally failed
to register births and obtain the necessary records. According to
official statistics, an estimated 92 percent of children attended
primary school. Schools were overcrowded and facilities extremely poor.
Girls and boys attended primary school in roughly equal numbers;
however, boys were five times as likely as girls to continue to high
school and four times as likely to go to a university. In addition,
there were some 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. 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 that 25 percent of the approximately 1,800
trafficked children were sexually exploited.
The law refers to child protection in general and is used to
prosecute cases of abuses against children. Child pornography is
prohibited. There is no minimum age for consensual sex and no statutory
rape law. The legal age for marriage is 16 for women and 18 for men.
With support from international organizations, the government
provided counseling support to former child soldiers. The government
partnered with the UN Development Program to train and reinsert over
5,000 at-risk youth who took part in development projects in
communities affected by the conflict.
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 or sold cheap or stolen goods to support
themselves.
Trafficking in Persons.--On August 27, the parliament passed a law
prohibiting trafficking in persons, including children. Trafficking
would be an illegal and prosecutable offense upon ratification by the
president, which was pending at year's end.
There continued to be reports of trafficking of children by African
immigrants from Benin, Cameroon, Guinea, Mali, Senegal, and Togo living
in the country, as well as trafficking of children from the DRC. During
the year there were no known cases of the government prosecuting any
traffickers. The ministries of security, labor, and social affairs, as
well as the gendarmerie, have responsibility for trafficking issues.
A 2007 UNICEF report indicated the country was a destination for
trafficked persons, with an estimated 1,800 children reportedly
trafficked in Brazzaville and Pointe Noire. There were reports that
underage relatives of immigrants from West Africa could be victims of
trafficking. There was no evidence of trafficking in adults. Children
from West Africa worked as fishermen, shop workers, street sellers, or
domestic servants. There were reports that some were physically abused.
In the originating countries of West Africa, suspected traffickers
were believed to be either distant relatives or fellow countrymen of
the victims. They recruited parents to sell their children with false
promises to provide the children care or education and training, or
visas to Europe or South Africa.
A joint program by UNICEF, local NGOs (most notably Action Against
Trafficking of West African Children), and government officials in
Pointe Noire continued successfully repatriating 23 West African
children who claimed to have been trafficked, particularly from Benin.
There was no evidence of involvement of government officials in
trafficking.
There were no further developments in the March 2008 arrest in
Canada of the wife of a former cabinet official for suspected human
trafficking.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, although the
government generally did not enforce the law. During the year the
governments of the Republic of the Congo and the DRC instituted an
agreement to allow persons with disabilities to travel cost-free
between the two countries.
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 relationship between ethnic, regional, and political
cleavages was inexact. Many of the supporters of the government
included persons mostly 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 employment, health services, and education, in part due
to their isolation in remote areas of the country and their different
cultural norms. Pygmies were usually considered as socially inferior
and had little political voice; however, in recent years several Pygmy
rights groups have developed programs and were actively focusing on
these issues. Many Pygmies were not aware of the concept of voting and
had minimal ability to influence government decisions affecting their
interests.
Some NGOs asserted that many indigenous groups, who lived primarily
in forest regions, did not enjoy equal treatment in the predominantly
Bantu society. Indigenous people were estimated to constitute 10 per
cent of the population or 300,000 persons.
The government also disbanded several business operations in
northern Congo in which Bantu groups were misusing and abusing the
labor of the Ba'aka (Pygmy) peoples. Pygmies were notably more
prevalent in the hunting and natural healing professions.
Omer Gapa, a prominent former government official who was arrested
in March 2008 in connection with the disappearance of an indigenous
girl in 1989, was awaiting trial at year's end.
The National Network of Indigenous People of Congo continued its
campaigns directed at the government, civil society, and international
organizations to improve Pygmy living conditions.
Some NGOs claimed that Bantu ethnic groups exploited Pygmies,
possibly including children, as cheap labor; however, as in previous
years, there was little official information regarding the extent of
the problem.
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 homosexual conduct. Colonial legislation from
1810 prohibits homosexual conduct and prescribes punishment of 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
lesbians, gays, bisexuals, or transgender persons during the year.
While discrimination may exist due to the social stigma surrounding
homosexual conduct, no such cases were reported to NGOs or covered by
the media.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
were fairly well organized and sought fair treatment, especially
regarding employment. NGOs worked widely on HIV/AIDS issues, including
raising public awareness that those living with HIV/AIDS were still
able to contribute to society. The law provides avenues for persons to
file lawsuits if they were, for example, terminated from employment due
to their HIV/AIDS status.
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. However,
members of the security forces and other essential services do not have
this right. Nearly all 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 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. Unlike in previous
years, while there were unconfirmed reports that such practices
occurred, no such cases were documented either by NGOs or the Ministry
of Labor.
The government has not repealed a 1960 law that 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 being used or enforced.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although there are laws and policies designed to protect children from
exploitation in the workplace, child labor was a problem. The minimum
age for employment or internships was 16 years; however, this law
generally was not enforced, particularly in rural areas and in the
informal sector. Children worked with their families on farms or in
small businesses in the informal sector without government monitoring.
Among trafficked children, 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. Approximately 23
percent of trafficked children were forced into prostitution. There
were no official statistics on general child labor.
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, although at least three labor
inspections occurred during the year.
International aid groups reported little change during the year in
child labor conditions; the problem existed, but had neither worsened
nor improved.
e. Acceptable Conditions of Work.--The national minimum wage, which
was 54,000 CFA ($110) per month in the formal sector, did not provide a
decent standard of living for a worker and family. Wage floors
established in the 1980s for various sectors have remained largely
unchanged and were not considered relevant, as wages in the formal
sector are paid above the minimum levels, although often not by much.
There was no official minimum wage for the agricultural and other
informal sectors. High urban prices and dependent extended families
obliged many workers, including teachers and health workers, to seek
secondary employment, mainly in the informal sector. The bulk of back
salaries for government and parastatal workers dating to the late 1990s
civil conflict period remained unpaid.
The law provides for a standard workweek of seven hours per day,
six days a week with a one-hour lunch break. There was no legal limit
on the number of hours worked per week. The law stipulates that
overtime must be paid for all work in excess of 42 hours per week;
however, there is no legal prohibition against excessive compulsory
overtime. Overtime was subject to agreement between employer and
employee. These standards were generally observed, and workers were
usually paid in cash for overtime work beyond the standard 42-hour
workweek.
Although health and safety regulations require biannual visits 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 jeopardy to 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. Laurent Gbagbo, candidate of the Ivoirian People's Front
(FPI), became the country's third president in 2000. The 2000
presidential election, which excluded two of the major political
parties, the Democratic Party of Cote d'Ivoire (PDCI) and the Rally for
Republicans (RDR), was marred by significant violence and
irregularities.
In 2002 a failed coup attempt evolved into a rebellion, which split
control of the country between the rebel New Forces (FN) in the north
and the government in the south. The failure of subsequent peace
accords resulted in the 2004 deployment of 6,000 peacekeepers under the
UN Operation in Cote d'Ivoire (UNOCI), who joined the 4,000-member
French Operation Licorne peacekeeping force already in the country.
Approximately 7,200 UNOCI and 900 Licorne peacekeepers remained in the
country to support the ongoing peace process. Civilian authorities
generally maintained effective control of the security forces in
government-controlled zones; however, FN military authorities generally
did not maintain effective control of the security forces in FN-
controlled zones.
In 2007 President Gbagbo and FN rebel leader Guillaume Soro signed
the Ouagadougou Political Agreement (OPA), which mandated elections,
determination of citizenship, disarmament of armed factions, and the
reunification of the north and south. In 2008 the zone of confidence
separating the north from the south was dismantled. Elections scheduled
for November were postponed, and there was little progress on
disarmament and other key tenets of the OPA during the year. On
determination of citizenship, however, more than 6.5 million persons
registered during the nine-month identification and voter registration
process, which ended on June 30. With data collected during this
process, the Independent Electoral Commission (CEI) prepared a
provisional electoral list of registered voters.
The following human rights abuses were reported in areas under
effective government control: 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 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.
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 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.
On May 20, police opened fire on a taxi in the Koumassi
neighborhood of Abidjan, killing the taxi driver, Konate Aboudramane,
and a passenger, police officer Konan N'guessan. Police continued to
investigate the incident at year's end.
Unlike in the previous year, there were no reports that security
forces killed demonstrators.
Gendarme Drissa Dante, who shot and killed a 15-year-old girl in
April 2008 while attempting to disperse an angry crowd, was set free on
provisional liberty after spending a few weeks in detention. He was
awaiting trial at year's end.
The government took no action against police who fired on
protestors in Abidjan in April 2008, killing one demonstrator.
Information became available during the year that in December 2008
Abidjan police officer Amantchi Herve shot and killed a man who Herve
believed was involved in the rape of his girlfriend; no action had been
taken against Herve by year's end.
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.
During the year there were a number of killings attributed to
members of the security operations command center (CECOS), a government
anticrime organization whose personnel were accused of human rights
violations, racketeering, extortion, and harassment. Members of CECOS
reportedly carried out executions of suspected thieves in Abidjan,
although the Ministry of Interior (MOI) stated that all victims were
criminals killed in the course of police anticrime activities.
On April 22, the Abidjan military tribunal sentenced a CECOS member
to 15 years in prison for his involvement in the killing of two prison
escapees who were beaten to death in 2007. There were no developments
in other CECOS-related killings from previous years.
During the year several extrajudicial killings attributed to the FN
were reported in FN-controlled zones and in the former zone of
confidence.
On February 24, the UNOCI Human Rights Office reported that two FN
soldiers executed a man in Seguela. The soldiers claimed the man was a
notorious criminal who resisted arrest. FN authorities arrested and
detained the soldiers but released them 24 hours later. No further
investigation regarding the incident HAD occurred by year's end.
On June 10, Ivo Issiaka, a 28-year-old Burkinabe national, died in
custody at the gendarmerie headquarters in Vavoua and was buried by
local FN authorities without a proper investigation or autopsy. An
investigation conducted by the UNOCI Human Rights Office revealed that
the victim had been beaten to death with machetes by FN soldiers.
The FN conducted no formal investigations into the following 2008
FN killings: the July killings of three men who allegedly stole from a
village and attempted to escape, and the November killing of nine
alleged insurgents during a military uprising in Seguela.
During the year the UNOCI Human Rights Office reported that a court
prosecutor asked Bouake municipal authorities and morgue officials to
retain the bodies of five persons executed by FN soldiers in 2007 as
evidence for future investigations to determine the perpetrators and
the circumstances of the deaths; however, no investigation had begun by
year's end.
Members of the young patriots (a youth group with close ties to the
ruling FPI party) who were responsible for summary executions in
previous years 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.--Unlike in the previous year, there were no
reports of politically motivated disappearances; however, there were
unconfirmed press reports that security forces participated in
kidnappings.
The government made little effort to assist the continuing French
investigation into the 2004 disappearance of Franco-Canadian journalist
Guy Andre Kieffer; however, on April 23, First Lady Simone Gbagbo
testified in Abidjan before French judges investigating the case.
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 March 23, three gendarmes severely beat a 40-year-old taxi
driver for allegedly refusing them a taxi ride. The driver underwent
surgery to his jaw and suffered injuries to his eyes, mouth, and head.
Authorities promised to take disciplinary measures against the
perpetrators, but they had not done so by year's end.
In September CECOS members arrested Seydou Kone, a teacher and RDR
activist, for allegedly attempting to overthrow the government; Kone
was subsequently detained incommunicado from September 12 to October 16
in the Abidjan correctional facility and penitentiary (MACA). According
to Soungalo Coulibaly, RDR's secretary for human rights who visited
Kone on October 16, Kone's body was scarred from the beatings he
received while in detention. In December Coulibaly held a press
conference to expose the abuse Kone received. No investigation had been
conducted by year's end.
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.
FN members tortured suspected government loyalists or allies of
rival rebel leader Ibrahim Coulibaly in the zones under their control.
For example, Corporal Alpha Diabate, a close aide of FN Zone 8
commander Coulibaly Ousmane, was identified as the perpetrator
responsible for torturing three cattle breeders in Odienne in May 2008.
FN authorities had not taken any action against Diabate at year's end.
In February authorities released seven detainees in Bouna who were
beaten and mistreated by FN soldiers for alleged involvement in
December 2008 armed robberies.
Security forces raped women and girls.
For example, on January 11, two soldiers from a joint brigade
composed of government security and defense forces (FDS) and FN
soldiers raped a woman in Bouake. FN authorities arrested and detained
the two soldiers.
On February 5, the UNOCI Human Rights Office reported that a police
officer in San Pedro beat and raped a 16-year-old girl. Although the
girl's mother filed an official complaint, it was withdrawn a few days
later when the police officer offered 350,000 CFA ($700) and several
bottles of liquor to the girl's family to settle the affair.
FN members raped women and girls in the north.
For example, in June the UNOCI Human Rights Office reported that FN
soldier, Ouattara Ahmed, and a civilian, Coulibaly Soumaila, allegedly
raped a 10-year-old girl in Bouake. Police arrested and detained the
two men, along with five other persons, in connection with the rape.
On October 8, FN soldier Ouani Mamadou allegedly broke into a
residence, raped a housekeeper, and attempted to rape a 13-year-old
girl living in the house, but the girl managed to escape. The girl's
father filed charges with police but withdrew the complaint after being
threatened by FN soldiers. UNOCI human rights officers raised the issue
with local authorities; however, no further action had been taken at
year's end.
No further developments were reported in the 2008 case in which FDS
and FN soldiers raped a 13-year-old girl in Kounahiri.
Authorities continued to detain Diabate Adama, an FN member and one
of two alleged rapists of two girls in Bouake and Danane in April 2008.
He had not been tried at year's end.
CECOS members also sexually abused civilians. For example, on June
25, following the intervention of the human rights nongovernmental
organization (NGO) Ivoirian Movement for Human Rights (MIDH), the
Abidjan military prosecutor arrested and detained seven CECOS members
who forced a couple to have sexual intercourse in a public street while
they filmed the incident. The CECOS members, who uploaded footage of
the incident to the Internet, were charged with theft, physical
assault, and ``offense against public decency.'' The CECOS members
involved were awaiting trial at year's end.
In December UNOCI issued a press release stating that it had
established a commission of inquiry to probe new allegations of sexual
abuse involving UN peacekeepers in the country. The UNOCI spokesperson,
who stated that UNOCI was taking measures to ensure that investigations
were conducted, indicated that UNOCI personnel involved in the 2007
sexual exploitation and abuse case of minors were returned to their
home countries, where they stood trial.
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, was built for
1,500 persons but held approximately 5,200. 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 December 31, 187
prisoners had died in government-controlled prisons during the year,
mostly due to malnutrition and disease. There were credible reports
that prisoners frequently brutalized other prisoners for sleeping space
and rations.
Male minors were held separately from adult men, but the physical
barriers at MACA were inadequate to enforce complete separation. 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, but their children often lived with them in prison. The
penitentiary accepted no responsibility for the care or feeding of the
infants, although inmate mothers received help from local NGOs.
The government permitted access to prisons by the International
Committee of the Red Cross (ICRC) and by local and international NGOs,
including World Doctors, International Prisons' Friendship, Love Amour,
Prisoners Without Borders, and the Ivoirian Islamic Medical Rescue
Association.
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. In August 2008, for example, UNOCI discovered a seven-foot-
deep hole covered with iron bars that the FN was using 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. However, by year's end the FN
had not yet relinquished control of these prisons to government
authorities.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, both occurred
frequently.
Role of the Police and Security Apparatus.--Security forces under
the Ministries of Defense and Interior include the army, navy, air
force, republican guard, presidential security force, and the
gendarmerie, a branch of the armed forces with responsibility for
general law enforcement. Police forces, which are under the
jurisdiction of the MOI, include paramilitary rapid intervention units
such as the antiriot brigade, the republican security company, and the
directorate for territorial security (DST), a plainclothes
investigating unit. In 2005 the MOI 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.--Officials must
have warrants to conduct searches, although police sometimes used a
general search warrant without a name or address. 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 is charged with collecting and analyzing information
relating to national security. The DST has the authority to hold
persons for up to four days without charges; however, human rights
groups stated there were numerous cases of detentions exceeding the
statutory limit.
In January the DST released Lieutenant Colonel Lancine Fofana,
Lieutenant Colonel Moussa Cherif, and Commander Doulaye Sekongo, all of
whom had been in detention since their arrest in October 2008. The DST
had arrested and detained the officers for allegedly instigating unrest
among lower-ranking soldiers, disturbing state security, and being
linked to the disappearance of weapons.
On May 6, authorities released nine of the 11 persons arrested in
January 2008 for alleged coup plotting against the state with former
rebel and exiled military leader Ibrahim Coulibaly. French freelance
journalist Jean-Paul Ney was among those released.
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 than in the previous
year.
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 December 31, the national prison administration reported
that 31 percent of the 12,036 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.
The formal judicial system is headed by a Supreme Court and
includes a court of appeals, lower courts, and a constitutional
council. The law grants the president the power to replace the head of
the Supreme Court after a new parliament is convened.
Trial Procedures.--The 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 have the right to be present at their trial, but they
may not present witnesses or evidence on their behalf or question any
witnesses brought to testify against them. Defendants accused of
felonies or capital crimes have the right to legal counsel. Other
defendants may also seek legal counsel, but it is not obligatory. The
judicial system provides for court-appointed attorneys; however, no
free legal assistance was available, aside from infrequent instances in
which members of the bar provided 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 have 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,
although there were fewer reports of violations than in previous years.
Officials must have warrants to conduct searches, must have the
prosecutor's agreement to retain any evidence seized in a search, and
are required to have witnesses to a search, which may take place at any
time; however, in practice police sometimes used a general search
warrant without a name or address.
Security forces monitored private telephone conversations, but the
extent of the practice was unknown. The government admitted that it
listened to fixed line and cellular telephone calls. Authorities
monitored letters and parcels at the post office for potential criminal
activity, and they were believed to monitor private correspondence,
although there was no evidence of this 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 President Gbagbo; however,
the FN vacated some of the property confiscated in previous years.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, but the government restricted
these rights in practice. Following the 2002 rebellion, the government
reduced press freedoms in the name of patriotism and national unity.
Journalists continued to practice self-censorship for fear of
retribution. Government officials aggressively used the court system to
punish critics.
Individuals who criticized the government risked reprisal. For
example, on March 20, the DST arrested and detained Anaky Kobena,
president of the small opposition party Movement of the Forces of the
Future, after a television interview in which he encouraged citizens to
follow the example of the recent coup in Madagascar. The DST charged
him with ``attempts against state security.'' Authorities released him
within 24 hours of his arrest.
In January 2008, 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.
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 March 4, the independent Le Nouveau Reveil newspaper published a
front-page article entitled ``Gbagbo's Close Associates Pocket 4
Billion CFA in State Funds.'' The article, which highlighted First Lady
Simone Gbagbo's ties to alleged embezzlers, resulted in death threats
to the newspaper's publishers and mass destruction of that day's
newspapers by organized groups of young vandals. No action was taken
against progovernment youth groups who attacked, threatened, or
harassed journalists.
On March 19, authorities arrested and jailed Nanankoua Gnamanthe, a
journalist with the opposition newspaper Le Nouveau Reveil, for
publishing an article comparing President Gbagbo and his close
associates to ``Ali Baba and the 40 thieves.'' Gnamanthe was freed
without charges on March 31, after a court called for his release.
However, the publication in which Gnamanthe's article appeared was
fined 40 million CFA (approximately $80,000) and suspended for eight
months.
In March all charges against Denis Kah Zion, publisher of Le
Nouveau Reveil, and his chief editor, Andre Silver Konan, were dropped.
Their lawyer convinced a judge to dismiss the charges against them
since the allowed time to bring them to trial had elapsed. Both
journalists were briefly imprisoned for ``contempt of the head of
state'' in 2007.
The government also harassed and imprisoned foreign journalists. On
May 6, French freelance journalist Jean-Paul Ney, who had been arrested
on charges of threatening national security in 2007, was released from
prison, one day after Alain Joyandet, the French secretary of state for
cooperation, met with President Gbagbo.
Private radio stations did not have complete control over their
editorial content. National broadcast regulations prohibit the
transmission of any political commentary. The government used the
national audiovisual communication council (CNCA), controlled by the
ruling party, to closely monitor Radio Nostalgie, reportedly because
the major shareholders of the company were close to RDR president
Alassane Ouattara.
The government did not interfere with UNOCI's radio station, UNOCI-
FM. However, like the approximately 121 proximity and community radios
in the country, UNOCI-FM's 19 proximity and community radio partners
were subject to national regulations, which prohibit the transmission
of politically related messages.
The government and the ruling FPI continued to exercise
considerable influence over the official media's television program
content and news coverage. During the year opposition leaders
frequently complained that they were not granted equal television
airtime on official media.
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.
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.
In December 2008, after completing his one-year sentence in MACA,
Antoine Assale Tiemoko, an NGO chairman charged with defamation for
publishing a paper on judicial corruption, was released.
The FN broadcast 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 broadcast 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 December 1, the CNCA called for the closure of ``unauthorized''
FN radio and television stations, stating that some stations were not
legally authorized to broadcast messages. Some FN stations chose to
ignore the order and were still 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
International Telecommunication Union statistics for 2008,
approximately 3.21 percent of inhabitants used the Internet.
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.
On January 7, approximately 60 FESCI members attacked members of
the General Association of Students in Cote d'Ivoire, a rival student
union, with truncheons, iron bars, and stones. Four association members
were seriously injured. When two members of the local human rights
group MIDH went to investigate, FESCI students sequestered and
assaulted them before they were released.
On April 24, in Daloa, a rival group of students killed one FESCI
member. In retaliation other FESCI members staged violent
demonstrations and erected roadblocks in the city. Schools in the area
were forced to close for three days.
In December competing FESCI factions clashed in several cities
following a disputed FESCI election in which Augustin Mian, FESCI
secretary general, was reelected for a second term. Credible reports
indicated that both factions tried to intimidate students into
supporting them.
In May 2008 international NGO Human Rights Watch presented a report
entitled The Best School: Student Violence, Impunity, and the Crisis in
Cote d'Ivoire, which documented numerous cases of violence, extortion,
racketeering, torture, summary execution, and rape committed with total
impunity by FESCI members. No action was taken against FESCI members
responsible for violent incidents reported in previous years.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law allows for freedom of assembly; however, the
government sometimes restricted this right in practice. Groups that
wished to hold demonstrations or rallies in stadiums or other enclosed
spaces were required by law to submit a written notice of their desire
to the Ministry of Security or the MOI three days before the proposed
event. No law expressly authorizes the government to ban public
meetings or events for which advance notice has been given in the
required manner, but the government prohibited specific events deemed
prejudicial to public order. Even if authorization for an event was
granted, the government could later revoke it. In 2006 President Gbagbo
renewed a ban on all forms of outdoor public demonstrations in Abidjan.
The ban had not been lifted at year's end.
Police occasionally dispersed antigovernment demonstrations with
force, resulting in injuries. 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.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice. Although the country's political conflict lay along ethnic
rather than religious lines, political and religious affiliations
tended to follow ethnic lines. Consequently, religious affiliation was
an important marker of political alliance. There is no state religion;
however, for historical reasons, government officials informally have
favored Christianity, in particular the Catholic Church. For example,
Catholic schools receive government subsidies.
Some Muslims believed that their religious or ethnic affiliation
made them targets of discrimination by the government with regard to
both employment and the renewal of national identity cards. As northern
Muslims shared names, style of dress, and customs with several
predominantly Muslim neighboring countries, they sometimes were wrongly
accused of attempting to obtain nationality cards illegally to vote or
otherwise take advantage of citizenship.
The law requires religious groups desiring to operate in the
country to register; however, registration was routinely granted.
Societal Abuses and Discrimination.--Societal discrimination
against Muslims and followers of indigenous religious beliefs
continued. Other groups, particularly evangelical Christians,
complained that local officials sometimes discriminated against them
and perpetrated sectarian hostility. The ongoing political crisis
caused some divisions along religious lines.
The country's Jewish community numbered less than 100 persons.
There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
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. A curfew
remained in place, prohibiting citizens from entering and leaving
Yamoussoukro and Abidjan city limits between midnight and 5:00 a.m.
Security forces, local civilian ``self-defense'' committees, and water,
forestry, and customs officials frequently erected and operated
roadblocks on major roads where they regularly extorted money from
travelers.
Persons living under FN authority continued to face harassment and
extortion when trying to travel between towns and to and from the
government-controlled south.
In February residents of Agbangnassou complained to the UNOCI Human
Rights Office that FN soldiers were demanding ``crossing fees'' of
2,000 to 4,000 CFA (approximately $4 to $8) to travel to and from
Bouake. The villagers complained that these fees prevented pregnant
women and other vulnerable persons from traveling to receive medical
care.
Security forces also victimized northerners when they tried to
cross into the zone under government control. The cost of either paying
one's way through the various barricades or hiring a ``money runner''
to do so was substantial. Government officials reported the round trip
cost for citizens in the north to travel from Bouake and other cities
to Yamoussoukro to cash paychecks to be between 20,000 to 30,000 CFA
($40 to $60). A money courier or informal banking service cost either
5,000 CFA ($10) or a flat percentage of the amount transferred.
At the end of 2008, approximately 70 percent of the private banks
and government financial services had reopened in the north, thus
making it unnecessary for many workers and retirees to travel to Bouake
for banking operations. In the west the situation remained unchanged;
private banks and government financial services had not yet resumed
operation.
The law specifically prohibits forced exile, and no persons were
forcibly exiled during the year.
Internally Displaced Persons (IDPs).--Since the signing of the OPA
in 2007, important strides made toward peace promoted spontaneous and
assisted returns of IDPs to their homes. As of November the UN Office
for the Coordination of Humanitarian Affairs estimated that 88,986 IDPs
displaced by the 2002 crisis had returned to their villages in the
west; however, 31,000 IDPs continued to live with host families and to
require assistance.
During the crisis progovernment and rebel forces did not generally
target civilians, but ethnic conflict and fighting forced many persons
to flee the zones of conflict, and others simply felt uncomfortable
living on the side of the divided country where they initially found
themselves. Roadblocks and toll collection points made it difficult for
civilians to move throughout the country. IDPs continued to place heavy
burdens on host communities, 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 worked closely with UN agencies on IDP matters to ensure
that the country's plans for IDP resettlement conformed to UN internal
displacement guidelines.
During the year UN agencies and local authorities continued to
facilitate the small-scale return of IDPs to several locations in the
west of the country. In December the International Organization for
Migration estimated that 200 IDPs, mostly of Burkinabe origin, remained
at the Guiglo Temporary Center for Assistance to Displaced People,
despite its closure in July 2008. The government had not addressed this
situation by year's end.
New population displacements continued in the western region,
particularly in the area around Guiglo and in the former zone of
confidence, although on a much smaller scale than had occurred in
previous years.
Protection of Refugees.--The constitution and law provide for the
granting of asylum or refugee status in accordance with the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the government has established a system for providing protections
to refugees. The government is 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 1951 Convention or the 1967
Protocol.
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 government continued to assist the safe, voluntary return of
refugees to their homes. As of June 30, the UNHCR found that 24,256
Liberian refugees and 555 refugees from other countries remained in the
country.
Stateless Persons.--In the absence of reliable data, the scale of
statelessness in the country was unclear but unofficially estimated to
be in the thousands. 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,
citizens were prevented from exercising this right in practice.
President Gbagbo and the national assembly remained in office at year's
end despite the expiration of their terms in 2005.
Elections and Political Participation.--After a December 3-4
meeting, the permanent consultation framework (CPC) for the OPA
formally announced the postponement of presidential elections, which
had been scheduled for November 29. The CPC stated that additional time
was necessary to correct irregularities in the provisional electoral
list and distribute identification and voter cards. A new election date
was not announced, and those who participated in the identification and
voter registration process were awaiting the distribution of their
identity cards and voter cards at year's end.
The country took several steps toward reconciliation during the
year. The identification and voter registration process, which began in
September 2008 and was initially scheduled to last 45 days, ended on
June 30. 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 on November
22. The following day, local CEIs began processing challenges to this
list. Although the dispute period was scheduled to end in December, the
process continued at year's end.
In 2007, following several failed political accords, President
Gbagbo and FN rebel leader Guillaume Soro signed the OPA, which
established a transitional government with Soro as prime minister and
called for presidential elections in 2008.
The 2000 election in which President Laurent Gbagbo came to power
followed several postponements and a controversial Supreme Court
decision disqualifying 14 of the 19 candidates, including RDR leader
Ouattara and former president Bedie, president of the PDCI. As a result
of the ruling, most international election observers declined to
monitor the election. When preliminary results showed Gbagbo leading by
a significant margin, a National Elections Commission official
announced the commission's dissolution and declared General Guei the
victor with 56 percent of the vote. Mass demonstrations by Gbagbo
supporters erupted, resulting in numerous deaths and injuries. The next
day national radio and television reported that General Guei had
stepped down and that Laurent Gbagbo had assumed the presidency.
The 2000 national assembly election was marred by violence,
irregularities, and a very low participation rate. In addition, the
election could not take place in 26 electoral districts in the north
because RDR activists disrupted polling places, burned ballots, and
threatened the security of election officials. Following legislative
by-elections in 2001, 223 of the 225 seats of the national assembly
were filled.
Women held 19 of 225 seats in the last elected national assembly,
whose mandate expired at the end of 2005. The first vice president of
the national assembly was a woman. Women held four of the 33
ministerial positions in Prime Minister Soro's cabinet. Of the 41
Supreme Court justices, four were women. Henriette Dagri Diabate served
as secretary general of the RDR, the party's second-ranking position.
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 issues, and accountability of the security
forces (see also section 1.e.).
The 23 cocoa and coffee industry officials arrested in June 2008
for allegedly embezzling 100 billion CFA ($200 million), remained in
MACA at year's end awaiting trial. In September four of the officials
filed a formal complaint against the government with the Economic
Community of West African States Court of Justice in Nigeria, claiming
infringement of their right to a fair trial and violation of their
civil liberties. Their case continued 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. Government officials
were somewhat cooperative and responsive to their views. The government
occasionally met with some of these groups.
During the year UNOCI, LIDHO, MIDH, Action for the Defense of Human
Rights (APDH), and other 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.
FESCI continued to threaten and harass human rights groups. The
government took no action against the student group for the destruction
of LIDHO and APDH headquarters in 2007. 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. For example,
since 2007 the Court of Abidjan had received an average of 16 cases of
child rape per month.
Women's advocacy groups continued to protest the indifference of
authorities to female victims of violence, 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. During the year 12 persons were officially convicted and
sentenced for rape.
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 12, a group of unidentified individuals armed with
Kalashnikovs attacked passengers traveling on the Duekoue-Bangola road.
They raped two women and injured a cyclist before fleeing.
On June 3, three alleged former members of a militia group broke
into a residence, raped three women, and injured one man with a machete
before stealing 140,000 CFA ($280) and some personal belongings. An
investigation continued at year's end.
The law does not specifically outlaw domestic violence, which
continued to be a serious and widespread problem throughout the
country. However, 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 on the family.
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).
Prostitution is legal between consenting adults in private, and the
practice was reported to be increasing due to worsening economic
conditions. Soliciting and pandering are illegal. There were credible
reports that police demanded bribes or sexual favors for allowing
prostitution.
The law prohibits sexual harassment and prescribes penalties of
between one and three years' imprisonment and a fine ranging between
360,000 and one million CFA ($720 to $2,000). 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. 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, 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. Transportation and
costs of services were significant barriers for some women to have
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
published in March 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.
The law prohibits discrimination on the basis of gender; however,
women experienced economic discrimination in access to employment,
credit, and owning or managing businesses. Women occupied a subordinate
role in society. Government policy encouraged full participation by
women in social and economic life; however, there was considerable
resistance among employers in the formal sector to hiring women, who
were considered less dependable because of their potential for becoming
pregnant. Some women also encountered difficulty in obtaining loans, as
they could not meet the lending criteria established by banks, such as
a title to a house and production of a profitable cash crop.
NGOs supervised efforts to create economic cooperatives to provide
poor women access to small loans from the government or private
microfinance banks. Women in the formal sector usually were paid at the
same rate as men; however, because the tax code did not recognize women
as heads of households, female workers were required to pay income tax
at a higher rate than their male counterparts. Women's organizations
continued to campaign for tax reform to enable single mothers, whose
children have been recognized by their fathers, to receive deductions
for their children. Inheritance law also discriminated against women.
Women's advocacy organizations continued to sponsor campaigns
against forced marriage, marriage of minors, patterns of inheritance
that excluded women, and other practices considered harmful to women
and girls. 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 CFA (approximately $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 CFA ($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.
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 CFA ($720 to $4,000). Double
penalties apply to medical practitioners. An estimated 60 percent of
women had been subjected to the procedure. FGM was practiced most
frequently among rural populations in the north and west and to a
lesser extent in the center and south. FGM usually was performed on
girls before or at puberty as a rite of passage. Local NGOs continued
public awareness programs to prevent FGM and worked to persuade FGM
practitioners to stop the practice. No arrests related to FGM were made
during the year.
The law prohibits the marriage of men under the age of 20, women
under the age of 18, and persons under the age of 21 without the
consent of their parents. 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 CFA ($66 to $660). Statutory rape of
a minor carries a punishment of one to three years in prison and a fine
of 360,000 to 1,000,000 CFA ($790 to $2,200).
There were no reports during the year that progovernment militias
or rebel forces recruited and used children as soldiers on either a
voluntary or a forced basis. In 2007 the UN secretary-general's special
representative on children in armed conflict removed the names of four
progovernment militias and the FN from the annexes of the secretary
general's Report on Children in Armed Conflict.
There were thousands of children living on the streets. NGOs
dedicated to helping street children found it difficult to estimate the
extent of the problem and determine whether these children had access
to government services.
Trafficking in Persons.--The constitution and law do not prohibit
trafficking in persons, and, despite governmental antitrafficking
efforts, trafficking in persons remained a problem. No nationwide study
had been conducted on the phenomenon, and the extent of the problem was
unknown. There was no reliable estimate on the number of children
intercepted or repatriated during the year.
The country was a source and destination country for trafficking in
women and children, and internal trafficking was also a serious
problem. Women and children were trafficked from Nigeria, Niger, Mali,
Burkina Faso, Ghana, Togo, Benin, Guinea-Bissau, and Mauritania for the
purposes of sexual exploitation and forced commercial, agricultural,
and domestic servitude. Women and children were also trafficked from
the country to other African, European, and Middle Eastern countries
for sexual exploitation and agricultural and domestic labor.
The informal labor sectors were not regulated under existing labor
laws; as a result, domestics, most nonindustrial farm laborers, and
those who worked in the country's broad range of street shops and
restaurants remained outside formal government protection. Internal
trafficking of girls nine to 15 years old to work as domestic servants
in Abidjan and elsewhere in the more prosperous south remained a
problem. Traffickers of local children often were relatives or friends
of the victim's parents. Traffickers sometimes falsely promised parents
that the children would learn a trade, but they often ended on the
streets as vendors or working as domestic servants.
Due to the economic crisis, many parents allowed their children to
be exploited to minimize the financial burden on the family. Because
security forces were trained to search buses for trafficked children,
traffickers continued to adapt their methods, including transporting a
small number of children at a time by bicycle, train, or on foot,
rather than attempting to move large groups of children into the
country by bus.
Organized trafficking rings promised Nigerian women and girls that
they would have jobs in restaurants and beauty salons in Abidjan;
however, many of these victims were forced to work in brothels.
Children were trafficked into the country from neighboring
countries to work in the informal sector in exchange for finder's fees.
They were also trafficked to or within the country to work full or part
time in the agricultural sector.
Traffickers can be prosecuted under laws prohibiting kidnapping,
forced labor, and mistreatment; however, there was minimal law
enforcement in government-held territories, and traffickers rarely were
prosecuted.
The government cooperated with international investigations of
trafficking.
The National Committee for the Fight Against Trafficking and Child
Exploitation, which includes representatives from numerous government
ministries and several national and international organizations and
NGOs, is responsible for coordinating the government's implementation
of the multilateral cooperative agreement; however, the committee did
not meet during the year. The government continued to conducting
awareness campaigns to educate local government officials, community
leaders, and members of the 38 antitrafficking village committees
established in 2007 and 2008 as part of the child trafficking
monitoring system.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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. As promised in
2008, the government created 300 civil service jobs for persons with
disabilities; however, persons with disabilities who were eligible for
these jobs demonstrated in June after some government employers refused
to employ them.
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, 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.
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.
For example, on February 15, in the village of Tongbakro, Baoule
farmers and Peulh cattle breeders clashed over the destruction of
Baoule crops by Peulh-owned cattle. One cattle breeder died from
gunshot wounds he received during the incident.
On March 12 and 13, youth groups in the western villages of Keibly
and Diboke attacked returning former IDPs of Baoule ethnic origin to
oppose their resettlement in the area. The UNOCI Human Rights Office
reported that 18 persons were injured in the incident. One person was
reported missing.
There were no further developments in the September 2008 land
dispute violence between villagers from Abouabou and Gonzagueville,
which resulted in seven deaths and numerous injuries.
There were no developments in the 2007 killing of businessman
Sangare Adama.
In July 2008 the government adopted a new law on xenophobia,
racism, and tribalism, making these forms of intolerance punishable by
five to ten years' imprisonment.
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 have been 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.
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 without excessive requirements, and workers exercised
these rights in practice.
Only a small percentage of the workforce was organized, and most
laborers worked in the informal sector, which included small farms,
small roadside and street shops, and urban workshops. However, large
industrial farms and some trades were organized, and there was an
agricultural workers union. Of the 15 percent of workers in the formal
sector, approximately 60 percent were unionized.
The law allows unions in the formal sector, which comprised
approximately 1.5 million workers or 15 percent of the workforce, to
conduct their activities without interference, and the government
protected this right in practice.
The law provides for the right to strike, and workers generally
exercised this right. However, the law requires a protracted series of
negotiations and a six-day notification period before a strike may take
place, making legal strikes difficult to organize and maintain.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining and grants all citizens, except
members of the police and military services, the right to bargain
collectively. Collective bargaining agreements were in effect in many
major business enterprises and sectors of the civil service.
The law does not prohibit antiunion discrimination by employers or
others against union members or organizers; however, the Ministry of
Labor (MOL) did not report any complaints of antiunion discrimination
and employer interference in union functions during the year. There
were also no reports of workers fired for union activities who were not
reinstated. Under the labor law, workers could not be fired for union
activities, and this law was enforced.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and the government
made efforts to enforce the law during the year. However, such
practices occurred.
Instances of forced labor occurred in the informal labor sectors,
which were not regulated under existing labor laws. Thus, domestics,
most nonindustrial farm laborers, and those who worked in street shops
and restaurants remained outside formal government protection. Forced
adult labor occurred in small-scale and commercial production of
agricultural products. There were reports of forced adult labor
practices in rubber production, primarily in the form of long hours and
low-paid work for workers who lived in conditions of effective
indenture.
Forced child labor occurred (see section 7.d.).
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.
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 are not allowed to work between
7:00 p.m. and 6:00 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 during the year found that
24.1 percent of children between the ages of 5 and 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.
In July the government launched a new program addressing child
labor in cocoa-growing areas. The program focuses 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. By year's end the
government had begun implementing the program in 10 cocoa villages and
selected 21 additional villages for participation in the program.
The MOL is responsible for enforcing child labor laws and made
progress during the year to address the worst forms of child labor.
While enforcement of child labor laws continued to be hindered by
financial constraints and other factors, there were indications that
government efforts, along with those of its international partners, had
a positive effect towards decreasing the worst forms of child labor.
The MOL 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.
e. Acceptable Conditions of Work.--Minimum wages varied according
to occupation, with the lowest set at 36,607 CFA ($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 have the right
to remove themselves from dangerous work without jeopardy to continued
employment by utilizing the MOL's inspection system to document
dangerous working conditions. However, workers in both the formal and
informal sectors could not absent themselves from such labor without
risking the loss of their employment.
Several million foreign workers, mostly from neighboring countries,
typically worked in the informal labor sector, where labor laws were
not enforced. Neither foreign migrant workers nor citizen workers
working in the informal labor sector were covered under current labor
laws.
__________
DJIBOUTI
Djibouti is a republic with a strong elected president and a weak
legislature. It has an estimated population of 660,000. In February
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. Following a June 2008 border clash, Eritrean troops continued to
occupy Djiboutian territory, despite condemnations by the United
Nations, the Arab League, and the AU. Civilian authorities generally
maintained effective control of the security forces.
The government's human rights record remained poor, although there
were improvements in several areas, including prison conditions,
reduced incidents of prolonged detention without charge, decreased
perceptions of judicial corruption, and expanded services for women who
were victims of violence. Serious problems included corruption;
official impunity; arbitrary arrest and detention; prolonged pretrial
detention; interference with privacy rights; restrictions on freedom of
the press, assembly, and association; and restrictions on unions.
Female genital mutilation (FGM) also remained a serious problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and the law prohibit such practices;
however, there continued to be occasional allegations that police and
gendarmes beat detainees.
Prison and Detention Center Conditions.--Prison conditions remained
difficult but continued to improve.
The Gabode Prison usually held an estimated 500 prisoners,
including approximately two dozen female prisoners. There were normally
fewer than half a dozen juvenile prisoners, although their numbers
occasionally spiked dramatically after incidents of youth violence in
Djibouti City. More than half of the prisoners generally were citizens.
Several prison nurses and a doctor who visited four times a week
provided medical care, while prisoners with serious health problems
were treated at the main Djibouti City public hospital. Seriously sick
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 document serious health conditions, and
prison medical staff regularly suggested that prisoners who appeared
unwell receive testing for serious illnesses. Due to an acute lack of
mental health resources, prisoners with serious mental illness did not
receive adequate care.
In 2008 the new specialized prison guard force replaced the
previous national police guards. Most applicants for the new guard
force were required to have at least a high school degree and received
some initial specialized training, although continuing training was
inadequate. Under the administration of the new prison guard force,
incidents of collaboration between guards and prisoners to subvert
prison rules reportedly declined significantly, and the prison
atmosphere was noticeably calmer and more orderly.
Men and women were held separately. Juveniles were generally held
separately from adult prisoners, and small children were allowed to
stay with their mothers. Although prison officials attempted 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.
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. The ICRC provided prisoners with soap, bleach, and
cleaning powder monthly.
A small group of Eritrean prisoners of war captured during a June
2008 border skirmish with Eritrea received regular visits from ICRC
staff.
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 new,
dedicated prison guard force. 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 with three meals a day, with meat served on alternate days.
Prisoners' families were allowed to bring food to the prison.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, the government did not uniformly respect
these prohibitions.
Role of the Police and Security Apparatus.--Security forces include
the National Police 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 where wages were
low. Official impunity was a problem. There was a Human Rights Office
within the police, and human rights education was integrated into the
police academy curriculum.
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. Detentions exceeding the
allowed time limit reportedly became less common during the year,
although no statistics were available. There remained a a need for more
training of the police to ensure uniform compliance with the law.
All persons, including those accused of political or national
security offenses, must be tried within eight months of arraignment.
The law also provides for bail and expeditious trial; however, police
occasionally disregarded these rights. Detainees have the right to
prompt access to an attorney of their choice; in criminal cases the
state provides attorneys for detainees without legal representation.
The law provides that detainees be promptly notified of the charges
against them, although in practice there were occasional delays.
Detainees generally were allowed access to family members and to legal
counsel. Although judicial delays were becoming less severe, lengthy
pretrial detentions due to inefficiency and staff shortages within the
judicial system 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. The judiciary was
inefficient; however, there was a growing perception that corruption
was less common. Although more training was still needed, magistrates
were increasingly better educated. Women represented over half of
magistrates, and there was a widespread public perception that female
judges were less susceptible to corruption. In 2007 a government audit
of the judiciary resulted in the dismissal of two magistrates for
corruption.
The judiciary is based on the French Napoleonic Code and is
composed of a lower court, an appeals court, and a supreme court. The
Supreme Court may overrule lower court decisions. Magistrates are
appointed for life terms. The Constitutional Council rules on the
constitutionality of laws, including those related to the protection of
human rights and civil liberties.
The legal system is based on legislation and executive decrees,
French codified law adopted at independence, Islamic law (Shari'a), and
nomadic traditions. Urban crime is dealt with in the regular courts in
accordance with French-inspired law and judicial practice. Civil
actions may be brought in regular or traditional courts. The family
code governs the majority of cases pertaining to family and personal
matters, including marriage, divorce, child custody, and inheritance.
Issues that fall under the family code are brought to civil family
court.
Trial Procedures.--Trials generally are public. The indigent have a
right to legal counsel in criminal and civil matters, but in practice
defendants sometimes did not have legal representation. The law states
the accused is innocent until proven guilty. A presiding judge and two
associate judges hear court 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 chose lay assessors from the public.
Defendants have the right to be present, confront witnesses, have
access to government-held evidence, and to appeal. Defendants can
present witnesses and evidence on their own behalf.
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.
In general the law provides for equal application to all citizens.
In accordance with Shari'a, male children inherited larger percentages
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 civil court deals with
all matters related to the civil code. Citizens have access to the
courts in cases of civil rights violations. There is arbitration of
civil disputes if the parties agree. In rural areas traditional courts
resolve many civil disputes. There is an administrative law chamber
which mediates disputes between citizens and government authorities.
Court decisions were not always enforced.
In case 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
with other 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. According to government opponents,
the government monitored their communications.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and the law
provide for freedom of speech and of the press; however, the government
did not respect these rights in practice. While individuals often
expressed themselves freely in society, opposition leaders continued to
accuse the government of attempting to impede public criticism.
There were few media outlets, and due to media and slander laws,
journalists practiced self-censorship. A 2007 law sets out the rights
and obligations of journalists and protects the right to organize and
strike. There were two local journalists' associations. The East
African Journalists Association, a group dedicated to fostering press
freedom, protecting journalists' safety, and promoting regional
conflict resolution, had its headquarters in the country. In 2008 the
association held a series of capacity building workshops for local
journalists, focusing on organization and planning for journalists'
associations.
The law prohibits dissemination of false information and regulates
the publication of newspapers. The government owns the principal
newspaper, La Nation, which is published four times a week. Each
registered political party is permitted to publish a public journal or
newspaper. Opposition political groups and civil society activists
circulated newsletters and other materials critical of the government.
The 2007 ban on the opposition political party newsletter Le
Renouveau remained in effect at year's end.
The government also owned the radio and television stations. The
official media generally did not criticize government leaders or
policy. Radio-Television Djibouti (RTD), the official government
station, broadcast 24 hours a day in four languages on the radio.
Foreign media also broadcast throughout the country, and cable news and
other programming were available.
Internet Freedom.--There were few government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, the government reportedly continued to block the Web site of
the Association for Respect of Human Rights in Djibouti (ARDHD), which
was often critical of the government. The 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.--Although the constitution and the law provide for freedom of
assembly, the government limited this right in practice. The Ministry
of Interior requires permits for peaceful assembly. Prior to the
February 2008 legislative elections, the government denied the three-
party opposition coalition, which was boycotting the elections,
permission to hold two protest meetings, citing a law that limits
political party gatherings during campaign periods to those parties
contesting the elections.
Police dispersed several unauthorized demonstrations during the
year.
Freedom of Association.--The law provides for freedom of
association provided that certain legal requirements are met; however,
the government restricted this right in practice, particularly for
labor unions.
c. Freedom of Religion.--The constitution, while declaring Islam to
be the state religion, provides for freedom of religion, and the
government generally respected this right in practice. The government
did not punish those who ignored Islamic teachings or practiced other
faiths. More than 99 percent of the population was Sunni Muslim.
There is no legal prohibition against proselytizing, and the
government did not discourage it; however, cultural norms effectively
discouraged public proselytizing by non-Muslims and conversion from
Islam.
Societal Abuses and Discrimination.--There were occasional reports
of societal discrimination based on religious affiliation, belief, or
practice. Some representatives of Christian denominations noted
occasional incidents of societal animosity towards non-Muslims.
There was no known Jewish community, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice.
Due to the continuing border dispute with Eritrea, certain areas in
the north remained under military control.
The government generally cooperated with the Office of the United
Nations 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 law prohibits forced exile, and the government did not use it.
Internally Displaced Persons (IDPs).--In June 2008 the ongoing
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.
Protection of Refugees.--The laws provide 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
African Union Convention Governing the Specific Aspects of the Refugee
Problem in Africa. The government has established a system for
providing protection to refugees under the National Eligibility
Commission, first formed in 1978. In July 2008 the government
reactivated the commission and began interviewing urban refugees who
had been in the country for several years.
The government did not routinely grant refugee or asylum status,
and the government did not accept refugees for resettlement during the
year. In practice the government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened 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 a limited number of individuals who may not qualify for
refugee status under the 1951 Convention or the 1967 Protocol.
The government and UNHCR generally cooperated in providing
assistance to refugees and asylum seekers. During the year the National
Assistance Office for Refugees and Disaster Stricken People (ONARS) and
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.
Refugees reported that although they could not obtain work permits,
many, especially women, worked. Due to the lack of permits, however,
they were unable to challenge poor working conditions or ensure fair
payment for their labor. There were reports that refugees were subject
to arbitrary arrest and detention. To address this problem, the
government and the UNHCR held a workshop in October 2008 to educate 28
immigration and border control officers on refugee rights and the
proper procedures for dealing with refugees. Refugees at the Ali Addeh
camp had access to a local primary school but not to a secondary
school.
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.
A multiparty system exists, and citizens are free to align themselves
with the party of their choice.
Elections and Political Participation.--In February 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 contest. 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 a list of demands
regarding the electoral process was not met. In July 2008 the
government banned the opposition political party Movement for
Democratic Revival (MRD), a member of the UAD, alleging that one of its
leaders had invited Eritrea to invade the country. The MRD filed an
appeal to protest this decision, and the case was pending a hearing by
the administrative law chamber at year's end.
Opposition political parties claimed that the government restricted
and interfered with their operations. For example, on September 29,
authorities arrested Union for Democracy and Justice opposition
political party member Gouhad Hoch Hared and charged him with illegal
distribution of a tract. The court sentenced him to two months in
prison; he appealed the verdict and was released on November 11.
Local governments, elected in the country's first-ever regional
elections in 2006, included both ruling coalition and independent
officials. Following the official transfer of authority from the
central government in 2008, the regional governments had greater
responsibility for several services, including trash collection,
management of markets, and issuance of civil documents such as birth
certificates.
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 45 percent Issas, 40 percent Afars, and 15 percent
representatives of smaller minority groups. Elected as a single list,
the legislature's composition reflected the governing coalition's
intent to ensure balance. 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 that
they were not as well represented at lower 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, despite increased efforts, the government did not implement
such laws effectively, and officials sometimes engaged in corrupt
practices with impunity. According to the most recent World Bank
Worldwide Governance Indicators, government corruption was a serious
problem.
The government continued to take steps to combat corruption. In
2007 two magistrates were dismissed for corruption following
investigations by the government's accounting office. The presence of
more female judges helped fuel a growing public perception that there
was less corruption in the judiciary.
Privatization of port, airport, and customs operations continued to
increase transparency and government revenues substantially in the most
important sectors of the economy. 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. During the year the IG
completed an audit of ministries' inventories of government property,
in collaboration with the Ministry of Finance's inspector general. The
CAFD and IG are mandated to report regularly, although in practice
these reports were not always timely. In September RTD began to
broadcast anticorruption public service announcements developed with
the IG. The public service announcements were aired 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.
On April 4, gendarmes arrested and detained Jean-Paul Abdi Noel,
the leader of the local human rights group Djiboutian League for Human
Rights, on charges of distributing materials which insulted judicial
authority. Authorities released him on April 5 but ordered him to
remain under judicial control. On June 7, a court ordered that the
judicial control be lifted. Abdi Noel asked for his case to be
dismissed and was awaiting a verdict on this motion at year's end.
In 2007 a court tried Abdi Noel for libel and fined and briefly
imprisoned him. He appealed his sentence, and after several
postponements in 2008 and 2009, at year's end he was awaiting a Supreme
Court hearing scheduled for January 17, 2010.
The government routinely allowed visits from international NGOs,
including those dealing with human rights issues, and regularly
received visitors from UN bodies. In February 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 the
country monthly.
In April 2008 the government established a Human Rights Commission
whose members included 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, including of an event centered on discussion of
the commission's new three-year strategic plan to build capacity, and
of a workshop on monitoring and investigating human rights abuses.
There was a government ombudsman who also served as a legislator in
the parliament and 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
language, race, or gender; however, government enforcement of such laws
was ineffective. The government took steps during the year to increase
protection of women, including ongoing campaigns against FGM, but
societal discrimination against women and ethnic minorities persisted.
Women.--The law includes sentences of up to 20 years' imprisonment
for rape. According to police statistics, 12 cases of rape were
reported to the police in 2008, representing a drop from 23 cases in
2007. In addition, eight women reported rape in 2008 to a counseling
center run by the Union of Djiboutian Women, under the patronage of the
first lady. There is no law against spousal rape. Reliable statistics
on the prevalence of rape were not available. Rape cases, which often
were not reported to the police, were commonly settled informally
between the families of the victim and the perpetrator.
Domestic violence against women existed but few cases were
reported. The law prohibits ``torture and barbaric acts'' against a
spouse. Violations are punishable by 20 years' imprisonment. Violence
against women generally was addressed within the family or clan rather
than in the courts. 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. In 2008 the
counseling center assisted 652 women, men, and children. A total of 38
percent of the 640 women assisted reported physical violence, and 13
percent psychological abuse. More than 50 percent sought assistance in
obtaining alimony or child support payments.
Prostitution is illegal but it occurred. In 2008 police reported
201 cases of prostitution. Only 29 percent of these cases involved
citizens; the remainder involved Somali or Ethiopian nationals.
Refugees and girls from poor families were at greater risk of becoming
street prostitutes.
The law does not prohibit sexual harassment, and it was a problem.
The government recognized the right of citizens to decide freely
and responsibly the number, spacing, and timing of their children.
Health clinics are 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; however, according to available data, the estimated
contraceptive coverage rate was only 18 percent. The government
provided childbirth services, and increasing numbers of women delivered
babies in a hospital or health clinic. Men and women received equal
access to diagnosis and treatment for sexually transmitted infections,
including HIV/AIDS.
Women legally possess full civil rights; however, custom and
traditional societal discrimination in education resulted in a
secondary role for women in public life and fewer employment
opportunities in the formal sector. 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 required women to be
represented in at least 20 percent of all high-level public service
positions, although there were no statistics available. The Ffmily Ccde
governs the majority of family and personal matters, but inequities
existed. In accordance with Shari'a, male children inherited larger
percentages of estates than did female offspring. Educated women
increasingly turned to the regular courts to defend their interests.
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.
While the government continued to stress the importance of
children's rights, some problems remained. The government continued to
devote increased resources for education and health care, committing a
quarter of its budget to education, particularly primary education, and
over 15 percent to health care, including increased spending on rural
health care, particularly for mothers and infants. It relied on a few
charitable organizations to support children and encouraged others to
join the effort.
Primary education was compulsory and available to all. However,
enrollment rates, although increasing, were not universal. The
government provided tuition-free public education, but extra expenses
could be prohibitive for poor families. Although the educational system
did not discriminate against girls, societal attitudes sometimes
resulted in differences in the attendance and treatment of girls in
school. The government worked with international donors to improve
significantly girls' school attendance rates, and during the year more
than 46 percent of children enrolled in school were girls. The
government provided a satchel of essential school supplies to children
in poor areas, and authorized a premium for teaching in rural areas.
The government also continued to support parent-teacher associations
throughout the country.
Child abuse existed but was not frequently reported or prosecuted.
FGM was widely performed on young girls. An estimated 93 percent of
females in the country had undergone FGM, although some studies
indicated that recent NGO and government efforts to stop the practice
had begun to reduce significantly the number of young girls subjected
to FGM in Djibouti City.
During the year the government increased efforts to end FGM with
continued high-profile publicity campaigns around the country, ongoing
public support from the first lady and other well-known 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. These actions built on
efforts begun in 2005, when the government ratified the Maputo Protocol
outlawing FGM. The efforts of the Union of Djiboutian Women and other
groups to educate women about the practice were having some effect in
the capital, where reported rates of FGM among young women continued to
decline. However, infibulation, the most extreme form of FGM, continued
to be widely practiced, especially in rural areas. The law states that
genital mutilation is punishable by five years' imprisonment and a fine
of one million DF ($5,650); however, the government had not convicted
anyone under this statute. In July the government adopted an additional
anti-FGM statute that provides for up to one year's imprisonment and a
fine of up to 100,000 DF ($565) for anyone convicted of failing to
report a completed or planned FGM to the proper authorities. The new
law also allows NGOs to file charges on behalf of FGM victims.
In an effort to reduce the demand for commercial sex acts, in April
2008 the government issued international arrest warrants for five
French nationals based on allegations of child sexual abuse. Christian
George, a French national rearrested in 2006 for child abuse after an
attempt to flee the country, finished his sentence and was repatriated
to France.
Child marriage occasionally occurred in rural areas; however, it
was not considered a significant problem. In 2008 six women reported
cases of forced marriage to the Union of Djiboutian Women's counseling
center. The government worked with several NGOs to increase school
enrollment for girls, in part to reduce the likelihood that parents
would force young girls into marriage. The Ministry for the Promotion
of Women, Family, Welfare, and Social Affairs also worked with women's
groups throughout the country to protect the rights of girls, including
the right to decide when and whom to marry.
Despite increased 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. Occasionally child prostitution occurred
with the involvement of a third party, most frequently an older child
or group of older children. Of 201 prostituted persons apprehended by
the police in 2008, 51 were between the ages of 10 and 18.
There was no specific law prohibiting statutory rape, but 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 DF 200,000 ($1,130).
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons, including internal and transnational trafficking, and
provides penalties of up to 30 years' imprisonment for traffickers. The
law prohibits discrimination among trafficking victims based on
ethnicity, gender, or nationality.
Despite the prohibition, during the year there were credible
reports of women and children, mostly Ethiopians and Somalis, and
impoverished local girls trafficked for the purpose of prostitution or
domestic servitude.
During the year the International Organization for Migration (IOM)
established an office in Djibouti at the government's invitation. The
government worked with the IOM on a publicity campaign to discourage
irregular migration and to warn migrants of the risk of being
trafficked. In 2008 the police arrested 148 persons for trafficking or
smuggling, of whom 130 were convicted and sentenced to prison. Some
smugglers were of Yemeni origin. The government offered limited
services to smuggling and trafficking victims, including health care.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--Persons with disabilities had access to
education and public health facilities, and the labor code prohibits
discrimination in employment against persons with disabilities. NGOs
continued to organize seminars and other events that drew attention to
the need for enhanced legal protections and better workplace conditions
for persons with disabilities. There was societal discrimination
against persons with disabilities. The government did not mandate
accessibility to buildings or government services for persons with
disabilities. No government agency was charged specifically with
protecting the rights of such persons, although the Ministry of Justice
was charged with general responsibilities for human rights.
National/Racial/Ethnic Minorities.--The governing coalition
included all of the country's major clan and ethnic groups, with
minority groups 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. Discrimination based on ethnicity and clan
affiliation declined, but affiliation remained a factor in business,
government, and politics.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There was no known societal
violence or discrimination based on sexual 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 restricted
these rights in practice. Reliable statistics on the percentage of
total workforce that belonged to a trade union were not available. The
law confers upon the president broad powers to requisition public
servants who are considered indispensable to the operation of essential
public services. Under the labor code, a union must have the approval
of the Ministries of Labor and Interior as well as the Labor
Inspectorate and the public prosecutor. Some union leaders continued to
allege that the government suppressed independent representative unions
by tacitly discouraging labor meetings and accused the government of
allowing what they called government-sponsored ``shadow union''
representatives to attend the 2009 International Labor Conference as
the country's labor representatives. Some members of the Djiboutian
Work Union (UDT) also accused the government of breaking up a union
meeting on October 13 and of preventing the UDT from holding a planned
union congress on October 14-15.
The law provides for the right to strike and requires
representatives of employees who plan to strike to provide 15 days'
advance notification to the Labor Inspectorate, which uses this time
period to attempt to mediate an alternate resolution of the dispute. In
practice unions occasionally disregarded this requirement for advance
notification. Workers exercised the right to strike in practice, and
the Labor Inspectorate recorded half a dozen strikes during the
reporting period.
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 that collective bargaining
was underway, although progress in reaching agreements was slow. All
parties agreed that workers needed better technical assistance, for
example, 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
Duty Free Zone workers.
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 or commercial sexual exploitation after reaching Djibouti
City or the Ethiopia-Djibouti trucking corridor (see section 6).
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all labor by children under the age of 16, but the
government did not always enforce this prohibition effectively, and
child labor existed. Children were involved in the sale of the mild
narcotic khat, legal under local law, and engaged in prostitution.
Family-owned businesses such as restaurants and small shops employed
children at all hours. Children were involved in a range of activities
such as shining shoes, washing and guarding cars, selling items,
working as domestic servants, working in agriculture and with
livestock, and other activities in the informal sector.
The Ministry of Labor is responsible for monitoring work places and
preventing child labor, but a shortage of labor inspectors and a lack
of 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 program undertaken by the government to
enforce the work of inspectors.
e. Acceptable Conditions of Work.--Only a small minority of the
population was employed formally and earned a wage salary. The 2006
labor code canceled minimum wage rates for occupational categories and
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.
By law the 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 Teodoro 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). On
November 29, President Obiang was reelected with 95.37 percent of votes
cast. The lopsided results and weak independent monitoring of the
electoral process raised suspicions of systematic vote fraud. Foreign
diplomatic observers noted numerous irregularities and the presence of
military personnel at all voting stations. While civilian authorities
generally maintained effective control of security forces, there were
instances in which elements of the security forces acted independently.
The following human rights problems were reported: limited ability
of citizens to change their government; unlawful killings 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; judicial corruption and lack of due process; restrictions on
the right to privacy; restrictions on freedoms of speech, press,
assembly, association, and movement; government corruption; violence
and discrimination against women; suspected trafficking in persons;
discrimination against ethnic minorities; and restrictions on labor
rights.
Following a February 17 armed attack on the presidential palace,
which was later blamed on a Nigerian rebel group, the government
rounded up, arbitrarily arrested without warrant, and held without
charge numerous persons, one of whom died from beatings during
interrogation and two of whom were tortured.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of government agents committing politically motivated killings;
however, security forces committed arbitrary or unlawful killings
during the year.
On February 17, eight Nigerian fishermen were detained for
questioning regarding an armed assault on the Presidential Palace in
Malabo the same day. Security officials also detained Afiong Etim, the
wife of one of the fisherman, who subsequently died from beatings
administered during interrogation. The eight fishermen were being held
in Black Beach Prison awaiting trial at year's end. Two of 10
Equatoguineans also arrested in connection with the attack were being
held in Black Beach Prison awaiting trial at year's end; the other
eight were out on bail.
On September 15, four off-duty police officers beat to death Akeem
Jimoh, a Nigerian legal resident, who reportedly refused to pay a
bribe. Jimoh, who was on his way home from work, was stopped by three
policemen who requested his identification papers. Jimoh telephoned a
friend to bring the papers and subsequently presented them to the
police, who became verbally abusive and demanded a bribe of 50,000 CFA
francs ($115). After the friend's departure, Jimoh's body was found
near the center of Malabo with a severe contusion to the head.
Government officials claimed no witnesses had come forward to
substantiate the beating but admitted the officers had attempted to
extort money from a legal resident. The four officers, who claimed
Jimoh was found unconscious at another location after running from
police, were suspended from service and awaiting the results of an
investigation at year's end.
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, whose death Amnesty International (AI) claimed
was a result of torture; the May police killing of a Malian citizen;
and the December killing of a Cameroonian fisherman.
No further information was available on the 2007 torture death of
Salvador Ndong Nguema, a member of the opposition Convergence for
Social Democracy (CPDS) party; the two security force members detained
in connection with the killing were released and reassigned.
Disappearance.--There were no reports of politically motivated
disappearances during the year.
Former army colonel Cipriano Nguema Mba, who was abducted from
Cameroon in October 2008 and secretly transported to Black Beach Prison
in Malabo, remained in prison at year's end (see section 1.e.).
Florencio Ela Bibang, Antimo Edu Nchama, and Felipe Esono Ntutumu,
all of whom were kidnapped in 2005 from foreign countries where they
had refugee status, were confirmed by government sources as being held
at Black Beach Prison at year's end (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. AI reported on
May 28 that ``suspected criminals continued to be tortured or otherwise
ill treated with impunity in police stations.'' In September 2008 a
government official told a foreign diplomat that despite efforts by a
government human rights center to monitor detention facilities,
beatings in jails across the country were a common occurrence due to a
lack of training and political will to address the problem.
Following his November 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 said 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 he stated they had been held in solitary
confinement for up to four years without being allowed the one hour of
exercise per day required by international minimum standards. Political
prisoners generally were held in leg irons for almost the entire
duration of their imprisonment. The UN mission led by Nowak also found
immigrants ran an increased risk of physical abuse in police cells.
Following a February 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
tortured. Eight were later released, but two remained in Black Beach
Prison awaiting trial at year's end.
Foreigners, primarily illegal immigrants from other African
countries, were harassed, intimidated, and arbitrarily arrested and
detained (see section 1.d.). Foreign diplomats, primarily those from
African countries, also complained police harassed, abused, and
assaulted them and their family members, even after victims displayed
their diplomatic documents. In one case a foreign diplomat reported
when he came to the aid of his wife, who was being arrested by police,
he was beaten with the butt of a rifle. The government had not
responded to formal protests against such incidents filed by foreign
diplomats by year's end.
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.
According to government officials and a private foreign firm
working closely with the military on training programs, during the year
a military court convicted at least one member of the security forces
in connection with the torture of Jaime Ndong Edu, a CPDS member, by
deputy police commissioner Donato Abogo Menden in 2007.
During the year the 12 police officers suspended as a result of
their role in assaulting and looting Cameroonian immigrants following a
2007 bank robbery in Bata were dismissed. In 2007 security forces and
citizens assaulted and looted the possessions of up to 8,000
Cameroonian immigrants, hundreds of whom sought refuge in the
Cameroonian Embassy in Malabo and the consulate in Bata. The
Cameroonian Government was forced to airlift several of their nationals
out of the country. The government had not responded to requests for
financial compensation filed by Cameroonian nationals impacted by the
looting by year's end.
Prison and Detention Center Conditions.--Prisons did not meet
international standards, although there were some improvements during
the year. Following his November 2008 mission to the country 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.
With the exception of the newly renovated jails in Bata and Malabo,
conditions in police station jails and other 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. Diseases, including malaria and HIV/AIDS, were
serious problems. Food was usually provided by detainees' families or
fellow detainees, and access to potable water was severely restricted.
Most detainees had no access to toilets and resorted to plastic bottles
or plastic bags instead.
Detained illegal immigrants pending deportation were held in police
cells without food or water for lengthy periods since most had no
relatives nearby. In February 2008 the UN Working Group on Arbitrary
Detention, which visited the country in 2007, expressed concern over
the lengthy arbitrary detentions of illegal immigrants and recommended
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
illegal detainees remained the same during the year.
Unlike in the previous year, female prisoners were generally
separated from male prisoners, and juveniles were generally separated
from adults; however, there were exceptions. For example, in April a
foreign woman detained in the Bata jail claimed she was held with male,
female, and juvenile inmates. Pretrial detainees were held together
with convicted prisoners.
Neither the judicial system nor the police had an adequate,
effective system to register cases or track prisoners.
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. However, authorities regularly prevented
monitoring of certain parts of prisons and other detention facilities,
particularly military detention facilities.
Government officials confirmed two ICRC officials were allowed to
visit Malabo's Black Beach Prison on June 18 and 19; the ICRC closed
its Bata office and suspended such visits in March 2008 after the
government refused to grant access to some prisoners.
In November 2008 government authorities denied the team of the UN
Special Rapporteur on Torture access to military detention facilities
at the Cogo and Ela military camps, effectively preventing
investigation into allegations of torture and secret detentions;
follow-up access to the central police stations in Malabo and Bata was
also denied. According to Nowak, during the UN monitoring mission,
security force members threatened and intimidated UN monitoring
officials, pointing guns at them as they tried to gain access to
detention facilities. In a January 22 letter in response to the Nowak
accusations, the government said it regretted the lack of cooperation
it had shown to Nowak during his visit.
During the year the government made efforts to improve prison
conditions. As a result of renovations completed in July, prisoner
cells and the exercise yard at the Malabo city jail--which was singled
out for criticism by Nowak--were larger and better ventilated. The
government also hung antitorture posters at airports and border
crossings. Minister of National Security Obama Schama also met with all
police commissioners to underscore the illegality of mistreating
prisoners.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, security forces frequently arrested or
detained persons arbitrarily and without due legal process. A February
2008 report by the UN Working Group on Arbitrary Detention expressed
concern both police and gendarmes frequently ordered arrests and
detentions without legal authorization. Secret detentions reportedly
occurred.
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 under funded 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
the 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. Unlike in previous years, there
were no reports some persons were taken into custody on the verbal
orders of officials. A detainee has the right to a judicial
determination of the legality of the detention within 72 hours of
arrest, excluding weekends and holidays; however, such detentions were
often longer, occasionally several months. 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 receives
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 incommunicado detention and denial of family
visits were serious problems (see section 1.c.). According to the
February 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 illegal immigrants; however, reliable sources
reported that many legal, as well as illegal, 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.
The government arbitrarily arrested a journalist during the year
(see section 2.a.).
Lengthy pretrial detention remained a problem, and a significant
number of those incarcerated were pretrial detainees; however, the
number of pretrial detainees was unavailable due to poor record
keeping. Inefficient judicial procedures, corruption, lack of
monitoring, and inadequate staffing contributed to the problem.
On November 3, the president pardoned Simon Mann (see section
1.e.).
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the government did not respect
this provision in practice, and the judiciary was not independent,
according to UN officials and local and international human rights
advocates. Judges serve at the pleasure of the president and were
appointed, transferred, and dismissed for political as well as
competency reasons. Judicial corruption was widely reported, and cases
were sometimes decided on political grounds.
The court system is composed of lower provincial courts, two
appeals courts, a military tribunal, and the Supreme Court. The
president appoints the members of the Supreme Court, who reportedly
took instructions from him. The Supreme Council of the Judicial Power
appoints and controls judges. President Obiang is president of the
Supreme Council, and the president of the Supreme Court is the vice
president of the Supreme Council.
The military justice system did not provide defendants with the
same rights as the civil criminal court system. The code of military
justice states 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. Many trials for ordinary crimes are
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 serious 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.
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.
At the end of 2008, 39 persons 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 alleged 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.
Following the February 17 attack on the Presidential Palace in
Malabo, 10 members of the UP party were arrested and detained. Eight of
the 10 were released on bail, but UP members Marcelino Nguema and
Santiago Asumu remained in Black Beach Prison awaiting trial at year's
end.
Former army colonel Cipriano Nguema Mba, who in October 2008 was
abducted from Cameroon where he was recognized as a refugee and
secretly transported to Black Beach Prison in Malabo, remained in
prison at year's end. 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. In addition 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 February
2008 the adoption by the government of necessary measures to put an
immediate end to secret detentions. In addition to Juan Ondo Abaga, who
was released from Black Beach Prison in June 2008, the group cited the
continuing 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, Ntumu, and Nchama were believed
to remain in Black Beach Prison, where they were denied access to
lawyers or their families.
In July 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. Police arbitrarily
arrested the five individuals in March 2008, along with another former
PPGE member, Bonifacio Nguema Ndong, who the court absolved after the
discovery of weapons in the trunk of a car being imported to the
country from Spain. According to AI, authorities arrested the five
without warrant, forced them to sign statements they had not made, beat
at least two of the men, held them incommunicado without access to a
lawyer until five days before the trial, and failed to produce evidence
they had been in possession of the weapons.
The five men were found guilty in the same trial as Simon Mann,
although the charges against them were unrelated to the events for
which Mann was tried. Mann, a British citizen who pled guilty to
plotting a coup in 2004, was pardoned by the president on November 2
and released.
In February 2008 the UN Working Group on Arbitrary Detention
recommended 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; extend human rights training to judges, law officers of all
grades, security force members, and the Office of the Attorney General;
guarantee lawyers free access to police stations and prisons; and
guarantee the resources for the effective functioning of the judiciary,
prison, and police detention system. The government stated it lacked
the internal capacity to institute such changes.
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 violated homes and arrested suspected dissidents,
criminals, foreign nationals, and others--often without judicial
orders, which are not required for certain officials to enter and
search homes--and confiscated their property with impunity.
Government informers reportedly monitored opposition members,
nongovernmental organizations (NGOs), and journalists. Most residents
and journalists believed the government monitored telephone calls.
The law provides for restitution or compensation for the taking of
private property; however, the government seldom provided equitable
compensation or alternate housing when it forced persons from their
homes or land. 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. During the year regeneration
of the main cities continued to result in forced evictions. Scores of
families were forcibly evicted from their homes to make room for roads
and luxury 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 press; however, the Law on the Press,
Publishing, and Audiovisual Media grants extensive powers to
authorities to restrict the activities of the media, and the government
continued to limit these rights in practice.
While criticism of government policies was allowed, individuals
could not criticize the president, his family, other high-ranking
officials, or the security forces without fear of reprisal, and the
government reportedly attempted to impede criticism by continuing to
monitor the activities of the political opposition, journalists, and
others. Since 2007 some journalists have covered topics previously
considered to be off limits, including mild criticism of institutions
for lack of progress on economic development issues and government
inefficiency, but the country's media remained weak and under
government influence or control, and journalists practiced self-
censorship.
Government publications included Ebano, a biweekly newspaper
published by the Ministry of Information, Tourism and Culture, and the
monthly La Gaceta de Guinea Ecuatorial newspaper. Independent
publications included the bimonthly newspaper El Correo, opposition
newspapers La Opinion and El Tiempo, and privately owned publications
El Sol, La Nacion, Hola, Ceiba, El Ape, La Verdad, and La Voz Del
Pueblo.
Starting a new periodical requires a complicated process governed
by an ambiguous law and was often inhibited by government bureaucracy.
In addition accreditation is cumbersome for both local and foreign
journalists, who must register with the Ministry of Information.
Only one international news agency had a regular stringer present
in the country, and government agents reportedly followed and
surveilled stringers for foreign media. Some international media were
not able to operate freely in the country during the year, and the
government refused to issue visas to Spanish journalists from major
media organizations prior to the November 29 presidential election (see
section 3). International newspapers or news magazines were generally
not available in rural markets due, at least in part, to their high
price and the low rate of literacy in rural areas; however,
international magazines and newspapers were increasingly being sold in
a number of grocery stores in Malabo and Bata.
On July 17, police arrested Rodrigo Angue Nguema, the Malabo
correspondent of Agence France-Presse and Radio France Internationale,
for defamation and reporting false information. Nguema had written an
article accusing Mamadou Jaye, the executive head of the national
airline Ceiba, of embezzling 3.5 billion CFA francs ($7.64 million) and
fleeing the country, a story he subsequently retracted after learning
that his source had provided false information. Despite publishing a
retraction, Nguema was tried on September 1 for defamation; on October
15, he was released after serving nearly four months in prison. Jaye,
the airline executive who brought the case, sued Nguema for 5 million
euros ($7.06 million), the amount he was alleged to have embezzled in
Nguema's retracted report. Reporters without Borders (RSF) called the
detention ``disproportionate punishment'' for defamation and called for
authorities to amend legislation to prevent sentences of such severity.
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. For example there
continued to be a lack of adequate government investment in
infrastructure necessary for the development of strong independent
media, including printing presses and newspaper retailers, and there
was little evidence the government encouraged--on a nondiscriminatory
basis--public advertising in locally printed media. During 2008 one
journalist, a member of the National Press Association, equated this
lack of investment by the government to ``economic censorship'' and
expressed deep concern over the lack of training opportunities for
local journalists, despite the country's recent exceptional economic
growth.
The government owned a national radio and television broadcast
system, RTVGE. The president's eldest son owned the only private
broadcast media. Satellite broadcasts increasingly were available.
In the absence of any independent radio or television, coverage of
the presidential campaign for the November 29 election was largely one-
sided. Noting the low level of of attention state media paid to
opposition activities, RSF said the president was ``expected to get
close to 100 percent of the vote, which is about the same as the share
of media coverage he received.'' The state radio and TV broadcaster
RTVGE organized no debate and covered only a few opposition activities
or meetings.
On January 12, Deputy Information Minister Purita Opo Berila
announced the dismissal of journalists David Ndong, Miguel Eson Ona,
Cirilo Nsue, and Casiano Ndong, who were employed by RTVGE, for
``insubordination'' and ``lack of enthusiasm.'' Citing local sources,
RSF claimed the dismissals were due to the four journalists failing to
praise the government's ``merits.'' The organization noted state media
employees were expected to relay government propaganda, were regarded
as state employees, and had no legal protection or union representation
to defend their actions or represent them in a disagreement with the
government.
The Catholic Church applied to establish a radio station in 2007,
but the government had not granted authorization by year's end.
Foreign channels were not censored, were broadcast throughout the
country, and included Radio France International, BBC, and Radio
Exterior, the international short-wave 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. 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 had replaced broadcast media as the primary way
opposition views were expressed and disseminated. Exiled citizens'
sites were not blocked. According to International Telecommunication
Union statistics for 2008, approximately 1.8 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 qualified 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.
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.
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. To date only one labor
organization had been registered. The law prohibits the formation of
political parties along ethnic lines, and several political parties
remained banned (see section 3). The registration process for NGOs was
costly, burdensome, opaque, and sometimes took years to complete (see
section 4). During the year foreign donors continued to urge the
government to review and reform the legal regime governing the
establishment of NGOs. Many associations, including several women's
groups focused on economic development, were unable to gain
authorization or registered status from the government.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right.
There were no reports government officials monitored religious
services.
The law gives official preference to the Catholic Church and the
Reform Church of Equatorial Guinea because of their traditional roots
and historical influence in social and cultural life. A Roman Catholic
Mass was normally part of any major ceremonial function or holiday.
Long-established Catholic schools received the same benefits from the
state as public schools.
A religious organization must be formally registered with the
Ministry of Justice, Religion, and Penal Institutions to operate.
Approval could take several years, due primarily to bureaucratic
slowness rather than policy; however, the lack of clearly defined
registration procedures remained an issue.
Religious study was optional in public schools but required in
parochial schools and was usually, but not exclusively, Catholic.
Societal Abuses and Discrimination.--The Jewish community was
extremely small; there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation. However, the government 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. Observers attributed the decline to
increased training and to the hiring of younger, better educated
officers. Frequent roundups of illegal immigrants also occurred at
roadblocks. The government claimed roadblocks impeded illegal
immigration, mercenary activities, and attempted coups; however,
roadblocks also restricted travel.
The law prohibits forced internal or external exile; however, the
government did not respect this in practice. Following the granting of
pardons to political prisoners in June 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.
Protection of Refugees.--The country is a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol, as
well as to the 1969 African Union Convention Governing the Specific
Aspects of the Refugee Problem in Africa; however, the government has
not established a system for providing protection to refugees.
In practice the government provided some protection against the
expulsion or return of persons to countries where their lives or
freedom would be threatened. However, in October 2008 Cameroonian
police officers reportedly illegally arrested former Equatoguinean army
colonel Cipriano Nguema Mba in Cameroon, where he was recognized as a
refugee, and handed him over to the country's embassy in Cameroon, from
where he was secretly transported to Black Beach Prison (see section
1.e.).
The government provided temporary humanitarian protection to
individuals who may not qualify as refugees under the 1951 convention
and its 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; however, despite continued improvements in the
electoral process during the year, this right continued to be extremely
limited, partly as a result of the dominance of the ruling PDGE party.
Elections and Political Participation.--On November 29, 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 on 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 voters were
allowed to vote for family members, unregistered voters were allowed to
vote, and ballot boxes were unsealed. Soldiers were deployed to all
polling stations.
On October 16, President Obiang announced the election would be on
November 29, with campaigning to begin officially on November 5;
according to the constitution, a presidential election should be called
at least 45 days before the end of the president's term of 30 days
thereafter. 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 post-election 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 CPSD party claimed
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 the previous year, no opposition members were arbitrarily
arrested, detained, or tortured; however, opposition candidates were
harassed and intimidated during the presidential campaign.
For example, on November 14, a parish priest in the town of Ayene
stopped CPDS candidate Placido Mico from holding a rally in the town
square in front of the church because, according to the priest, the
square was owned by the church. The local chief of police interceded on
the priest's behalf and ordered the candidate and his supporters out of
the square. The police chief also reportedly ordered local youths to
strip campaign posters from the party's own vehicle and brandished a
gun while threatening Mico and his supporters. CPDS officials claimed
PDGE members assaulted CPDS members.
On November 19, in the town of Aconibe, in President Obiang's home
province of Wele-Nzas, security forces, PDGE members, and villagers
assaulted supporters of the opposition UP party and its presidential
candidate Archivaldo Montero Biribe. Police officials reportedly told
UP supporters they were not welcome to rally in the town because all of
its inhabitants supported President Obiang. UP party president Daniel
Martinez, who sought the intervention of Interior Minister Clemente
Nguema, reported he was told ``this is Africa, what else do you expect
and what do you expect me to do about it?'' After receiving the same
treatment in the adjacent town of Nsork, UP leaders stopped campaigning
in the province. CPDS leaders and the Popular Action Party reported
similar treatment in the province, where they also ceased campaigning.
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.
During the year the government reportedly warned the spouse of an
opposition party leader to join the PDGE (presumably to embarrass the
opposition leader) or lose her position. The spouse refused to join the
PDGE and was fired.
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.''
During the year the CPDS stated it had no plans to restart a radio
station, but it reserved the right to do so in the future. In August
2008, after informing the government in writing of its intention to set
up a radio station, the opposition CPDS party began testing its
equipment. The government subsequently ordered the CPDS to cease
transmitting, raided the station, and seized materials.
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.
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. No corruption cases were
prosecuted during the year.
The president and members of his inner circle continued to amass
huge personal profits from the oil windfall. According to Human Rights
Watch, Teodorin Obiang, the president's son, spent more on luxury goods
during 2004-2007 than the government's 2005 budget for education;
purchases included a $35 million mansion, a $37 million jet, and luxury
cars worth at least $2.6 million. President Obiang claimed information
on oil revenues was a ``state secret'' and resisted calls for
transparency and accountability. According to international NGO Global
Witness, the government has not disclosed the location of more than two
billion dollars in public funds.
In December 2008 anticorruption activist groups, including the
French chapter of AI, filed a lawsuit in Paris against President Obiang
and two other African heads of state, accusing them of acquiring luxury
homes in France with embezzled public funds. The plaintiffs stated
there was ``no doubt that these assets could not have been acquired
solely with the salaries and benefits of these heads of state.''
Also in December 2008, a Spanish human rights group filed a formal
complaint with anticorruption public prosecutors in Spain, claiming
members of President Obiang's family and high-ranking political
officials close to the president had illegally embezzled 12.7 billion
CFA francs ($27.73 million) from a state petrol company to buy homes in
Spain and had laundered these public funds between 2000 and 2003 in
foreign banks. According to media reports, Spain's anticorruption
prosecutor had begun investigating allegations against these
individuals 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. For
example, the minister of justice had his own private law firm, and the
minister of transport and communications was director of the board and
owned shares in the parastatal airline and the national telephone
company.
The presidency and Prime Minister's Office were the lead agencies
for anticorruption efforts. A number of ministers were reportedly
replaced following the May 2008 elections as a result of corrupt
practices.
During the year the government made additional progress toward
meeting objectives required to join the Extractive Industries
Transparency Initiative (EITI), a multinational civil society
initiative to encourage transparency and accountability in extractive
industries, developing an approved work plan and achieving candidate
status. However, there remained significant challenges in meeting EITI
requirements concerning the development of civil society, and there
continued to be lack of transparency in the extractive industries.
In October 2008 the government began disbursing funds for social
projects under the social development fund (SDF), a mechanism developed
jointly with a foreign donor designed to enhance the transparency of
social spending in line with international development norms.
Irregularities in handling the funds occurred during the year. For
example, funds for selected projects were deposited in the purported
bank accounts of various ministries; however, critics charged the
accounts actually belonged to the ministers who headed those
ministries, thus placing the funds under their direct personal control.
One minister reportedly ignored the bids of companies responding to an
open solicitation and selected a company he owned, although his company
had not submitted a bid; the minister claimed his company was eligible
to accept SDF money from the account he controlled.
The law did not provide for public access to government
information, and citizens and noncitizens, including foreign media,
were generally unable to access government information. A lack of
organized record keeping, archiving, and public libraries also limited
access.
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. In 2008 the government met with domestic NGO
representatives to enhance cooperation on efforts to adhere to the
transparency principles of EITI. Despite this increased cooperation,
the government's attitude toward domestic and international NGOs
working in or reporting on the country generally remained ``not
friendly,'' 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 rights, not 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. The ICRC
had suspended prison visits in March 2008 after the government refused
to grant access to some prisoners (see section 1.c.).
During the year the government categorically rejected the 2008
report on detention facilities by UN Special Rapporteur on Torture
Manfred Novak. Novak reported torture appeared to reflect a state-
endorsed method of obtaining evidence and confessions, and a culture of
total impunity allowed torture to continue unabated (see section 1.c.).
Nowak noted not one conviction for torture could be found in court
records and officers known for resorting to torture were able to
establish successful careers in the security forces. He also cited
``the non-functioning of the administration of justice and, therefore,
the absence of the rule of law.'' Nowak recommended the government
undertake ``profound reform'' of its laws, penal system, and judicial
and law enforcement institutions. He also recommended the government
establish effective monitoring and accountability mechanisms to combat
torture and foreign diplomats in Malabo conduct regular monitoring
visits to detention facilities. UN officials also recommended the
international community, including transnational corporations, ensure
they were not complicit in human rights abuses in their business
practices and development activities.
The primary organization with some responsibility for human rights,
the National Commission for Human Rights (CNDH), was dependent on and
heavily influenced by the government and suffered serious funding,
staff, and institutional limitations. It did not investigate human
rights complaints or keep statistics on them. The president appointed
the members of the CNDH.
The 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.
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, but spousal rape is not specified in the
law. The government did not enforce the law effectively. Reporting rape
was considered shameful to families involved. Several prosecutions came
before the courts during the year, but the exact number was not known.
Domestic violence was a problem. Violence against women, including
spousal abuse, is illegal, but the government did not enforce the law
effectively. The police and 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.
Prostitution is illegal, and the government continued to enforce
the law against businesses and pimps; however, prostitution occurred,
particularly in the two major cities of Malabo and Bata. Acting on
orders of the ministries of interior and national security, police
raided places of prostitution during the year.
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. 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, 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.
In rural areas, women 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.
During the year the government provided courses, seminars,
conferences, and media programs to sensitize the population and
government agencies to the needs and rights of women. For example, on
February 15, the Ministry of Social Affairs and Promotion of Women
conducted a seminar for members of the judiciary on cultural practices
that violate the rights of women, including physical abuse, forced
marriage, levirate marriage, and the use of dowry. On May 15, the
ministry conducted a similar conference for members of parliament, and
in November the ministry held a women's rights seminar for the 68
members of the executive branch.
A foreign development fund, as part of its program to support civil
society, dedicated one of its forums to the rights of women. The
dominant topics were polygyny and traditional attitudes discriminatory
against women.
Children.--Citizenship is derived from one's parents. Registration
of births is the responsibility of the parents, and failure to do 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 continued to 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.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, some trafficking through and to the country was suspected.
There were no reliable figures on the number of trafficking victims.
The country has been primarily a destination for children trafficked
for the purposes of forced labor and possibly for the purpose of sexual
exploitation. Children were believed to be trafficked from nearby
countries, primarily Nigeria, Benin, Cameroon, and Gabon for domestic
servitude, market labor, ambulant vending, and other forms of forced
labor, such as carrying water and washing laundry. Most victims were
believed to be trafficked to Malabo and Bata, where a burgeoning oil
industry created demand for labor and commercial exploitation. Women
may also have been trafficked to the country from Cameroon, Benin,
other neighboring countries, and China for labor or sexual
exploitation. In the last year there was a report women of
Equatoguinean extraction were also trafficked to Iceland for commercial
sexual exploitation.
In the past traffickers generally crossed the border with false
documents and children they falsely claimed were their own. However,
removal of economic incentives for such activity apparently reduced
trafficking to a small number of cases.
The penalties for trafficking in persons for sexual exploitation or
other exploitation are imprisonment for 10 to 15 years and a fine of
not less than approximately 50 million CFA francs ($109,000).
When pressed by embassies of identified trafficking victims, the
government cooperated with other governments, international
organizations, and NGOs to aid victims and assist in their
repatriation. However, foreign diplomatic missions confirmed many of
their citizens were shipped out of the country before the embassies
became aware of a problem.
The Ministry of Justice is responsible for combating trafficking in
persons, and the minister of justice was president of the
interinstitutional commission on illegal trafficking of migrants and
trafficking of persons. The Ministry of Social Affairs and Promotion of
Women is responsible for addressing issues related to protection of
trafficking victims.
The government provided limited protection or assistance to victims
or witnesses. During a February 2-6 visit to the country, a consultant
from the International Organization of Migration noted there were no
shelters to house victims of trafficking or other vulnerable
populations for a temporary period. The government generally asked the
embassies of victims' countries of origin, if present, to assume care
of victims until they could be repatriated. However, the government had
no procedure in place to even notify embassies if one of their
nationals had been identified as a trafficking victim. There were few
NGOs in the country to assist victims.
The government, through the National Action Plan to Fight Against
Trafficking in Persons and Child Labor, continued to fund a program to
educate the public against trafficking, assist victims, and punish
offenders.
During the year the government continued to provide antitrafficking
training to security forces; more than 800 security officials have
received such training since 2007.
State Department's annual Trafficking in Persons Report can be
found at http://www.state.gov/j/tip.
Persons With Disabilities.--The law does not provide protection for
persons with disabilities from discrimination in employment, education,
or the provision of other state services, nor does it mandate access to
buildings for persons with disabilities.
Educational services for the mentally or physically handicapped
were limited. The local Red Cross, with financial support from the
government, managed the country's school for deaf children. The
government and Catholic Church worked together to provide care for the
mentally handicapped in the Virgin Madre Maria Africa facility.
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. Illegal 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.
Foreign workers from West Africa and elsewhere were attracted to the
country by its growing oil-based economy.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Societal stigmatization and
discrimination against homosexual persons 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, without
previous authorization or excessive requirements; however, the
government placed practical obstacles before groups wishing to
organize. Most often, those seeking to organize were co-opted into
existing party structures by means of pressure and incentives. The
Union Organization of Small Farmers continued to be the only legal
operational labor union. According to the International Trade Union
Confederation, authorities continued to refuse to register the
Equatorial Guinea Trade Union. The law stipulates a union must have at
least 50 members from a specific workplace to register; this rule
effectively blocked union formation. Authorities refused to legalize
the Independent Syndicated Services, a public sector union, despite its
having met the requirements of the law.
Workers rarely exercised their right to strike, in part because
they feared losing their jobs and possible harm to themselves or their
families. On rare occasions workers engaged in temporary protests or
``go slows'' (work slowdowns and planned absences).
Unlike in the previous year, there were no reports 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 and slavery, including by children; however,
children were trafficked for forced labor and sexual exploitation (see
section 6).
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 from approximately 50,000 to 250,000 CFA francs
($109 to $545); however, child labor occurred. The law prohibits
children from working as street vendors or car washers; however,
children performed such activities. Children also worked in local
markets 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 were forced to close down their stalls, were
heavily fined, or deported; however, no vendors were prosecuted during
the year. The government provided no social services to children found
to be working in markets.
The Ministry of Labor is responsible for enforcing child labor
laws.
e. Acceptable Conditions of Work.--Enforcement of labor laws and
ratified international labor agreements was not effective, resulting in
poor working conditions. While the government paid more attention to
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.
On April 25, the government issued Public Decree 60/2009, which
establishes a monthly minimum wage of 95,400 CFA (approximately $205)
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 effectively enforced.
The law provides for protection for workers from occupational
hazards, but the government did not effectively enforce this provision.
During the year 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.
__________
ERITREA
Eritrea,\1\ with a population of an estimated 5.5 million, is a
one-party state that became independent in 1993 when 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, and the government continued to postpone presidential and
legislative elections; the latter have never been held. The border
dispute with Ethiopia continued, despite international efforts at
demarcation. The situation was used by the government to justify severe
restrictions on civil liberties. 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.
---------------------------------------------------------------------------
\1\ United States personnel were not permitted to travel outside of
the capital of Eritrea, 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.
---------------------------------------------------------------------------
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, some
of whom reportedly died from their injuries while in detention; harsh
and life-threatening prison conditions; arbitrary arrest and detention,
including of national service evaders and their family members;
executive interference in the judiciary and the use of a special court
system to limit due process; and infringement on privacy rights,
including roundups of young men and women for national service, and the
arrest and detention of the family members of service evaders. The
government severely restricted freedoms of speech, press, assembly,
association, and religion. The government also limited freedom of
movement and travel for citizens in the national service, foreign
residents, employees of diplomatic missions, the UN, and humanitarian
and development agencies. Restrictions continued on the activities of
nongovernmental organizations (NGOs) and the International Committee of
the Red Cross (ICRC). Female genital mutilation (FGM) was widespread,
and societal abuse and discrimination against women, members of the
Kunama ethnic group, homosexuals, and persons with HIV/AIDS were
problems. There were limitations on worker rights, including forced
labor.
The government acted as a principal source and conduit for arms to
antigovernment, extremist, and insurgent groups in Somalia, according
to a June report issued by the UN Munitions Monitoring Group.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--In August opposition
Web sites released a report claiming that in 2002 the government
executed Berhane Gebregzabhier, one of the 11 members of the PFDJ
National Assembly who had been held in solitary confinement since 2001
for opposing the president. The execution was carried out based on the
recommendations of Naizghi Kiflu, a former presidential advisor
believed to currently reside in London. An additional eight persons
died in prison from natural causes, according to the report released by
opposition Web sites (see section 1.d.). The nine deceased were part of
what was known as the G-15, a group of high-ranking political activists
who regularly pushed the president for democratic reform during the
country's formative years. The government arrested 11 members of the G-
15 in September 2001; one member recanted his statements, and three
were out of the country.
The government continued to authorize the use of lethal force
against individuals resisting or attempting to flee during military
searches for deserters and draft evaders, and the practice reportedly
resulted in deaths during the year. Several persons detained for
evading national service died after harsh treatment by security forces.
There were reports that individuals were severely beaten and killed
during roundups of young men and women for national service.
It was unknown if the government continued the practice of summary
executions and of shooting individuals on sight near the Djibouti
border, allegedly for attempting to flee military service, as was the
case in 2008. In June 2008 the international media reported that the
Eritrean military shot at their own defecting soldiers who broke rank
along the Djibouti border, instigating the Djibouti-Eritrea border
conflict. Soldiers who broke rank claimed that the government issued a
``shoot to kill'' proclamation for deserters and escapees.
There were no reports of deaths from mistreatment/hazing of
conscripts or other soldiers. There were numerous reports that persons
detained because of their religious affiliation died from security
force abuse. The government did not investigate or prosecute any report
of security force abuse.
According to the government Commission for Coordination with the UN
Peacekeeping Mission, an estimated three million land mines and
unexploded ordnance remained from the 30-year war and the 1998-2000
conflict with Ethiopia. Unlike in previous years, there were no reports
that opposition groups laid new mines. The Eritrean Demining Authority
halted demining activities in the Temporary Security Zone between
Eritrea and Ethiopia in 2008 after the UN Mine Action Committee
departed from Eritrea. Currently, the UN Development Programme supports
explosive ordnance disposal and the UN Children's Fund (UNICEF) funds
mine risk education for school children and families in mine-impacted
communities.
b. Disappearance.--Eritrean refugees and asylum seekers repatriated
from other countries during the year reportedly disappeared. In January
the government of Egypt repatriated several hundred Eritrean refugees
and asylum seekers, all of whom were returned to their families,
according to the government. Nevertheless, there were numerous reports
from family members of missing individuals, mostly young men and women
who had not completed national service.
In June 2008, 1,200 Eritreans were repatriated from Egypt, many of
whom remained missing at year's end. In May 2008 German immigration
authorities returned two Eritrean nationals, neither of whom had been
seen since their arrival in Asmara.
The whereabouts of at least 15 journalists and several employees of
diplomatic missions arrested by the government in 2001 remained
unknown.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law and the ratified but unimplemented constitution
prohibit torture; however, there were numerous reports that security
forces resorted to torture and beatings of prisoners, particularly
during interrogations. There were credible reports that several
military conscripts died following such treatment. Security forces
severely mistreated and beat army deserters, draft evaders, persons
attempting to flee the country without travel documents and exit
permits, and members of certain religious groups. Security forces
subjected deserters and draft evaders to such disciplinary actions as
prolonged sun exposure in temperatures of up to 120 degrees Fahrenheit;
the binding of hands, elbows, and feet for extended periods; and
suspension from trees for extended periods. No known action was taken
during the year to punish perpetrators of torture and abuse.
There were numerous reports, corroborated by prison escapees, that
torture was widely used in detention facilities. For example,
authorities suspended prisoners from trees with their arms tied behind
their backs, a technique known as ``almaz'' (diamond). Authorities also
placed prisoners face down with their hands tied to their feet, a
technique known as the ``helicopter.''
According to Human Rights Watch, refugees from the country reported
that female conscripts in national service were often raped by their
supervisors. 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. 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 some
prisoners passed out from the extreme heat.
During the year Wi'a Military Camp closed its prison. Religious
prisoners were relocated to the desert prison Metier while others were
taken to a prison just outside of Dekemhare.
While statistics were unavailable, there were some deaths in prison
due to illness and poor health care.
There were several 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. Allegations from various sources
suggested there may have been 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 constantly
open and close the door of the cell, as if the prisoner was going to be
taken for interrogation. 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, and denial of medical care. For example,
numerous deaths occurred at the Wi'a Military Camp prison due to
widespread disease and lack of medical care. In August a meningitis
outbreak at a prison in Massawa reportedly resulted in the deaths of
dozens of inmates.
The government did not release the total number of prisoners and
detainees.
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 government did not permit the ICRC or any local
human rights organizations to monitor prison conditions. Since the
shutdown of the repatriation program during the year, the government
also denied the ICRC access to Ethiopian prisoners of war detained in
the country.
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 were tried as adults. Pretrial detainees were
not always separated from convicted prisoners.
Authorities generally permitted convicted criminals in prisons
three visits per week by family members; however, persons detained,
arrested, or convicted for reasons of national security or for evading
national service were denied family visits.
d. Arbitrary Arrest or Detention.--The law and unimplemented
constitution prohibit arbitrary arrest and detention; however,
arbitrary arrest and detention remained chronic problems.
Role of the Police and Security Apparatus.--Police were officially
responsible for maintaining internal security, and the army was
responsible for external security; however, the government could call
on the armed forces, the reserves, and demobilized soldiers 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 military had the authority to arrest and detain
civilians. Generally police did not have a role in cases involving
national security, but they were heavily involved in rounding up
individuals evading national service.
Police, who often were conscripted, were poorly paid, and
corruption was a problem. During the year there were reports of police
and other security forces committing crimes to supplement their income,
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
out of the country. There were no mechanisms to address allegations of
official abuse, and impunity was a problem.
During the year the police, military, and internal security
arrested and detained persons without due process and often used
violence. Police forcibly arrested individuals on the street who were
unable to present identification documents. Those in 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 often detained suspects
for much longer periods. The law stipulates that unless there is a
``crime in progress,'' police must conduct an investigation and obtain
a warrant prior to making an arrest. In cases involving national
security, this process may be waived. In practice very few individuals
were arrested with a warrant. Authorities did not promptly inform
detainees of charges against them and often changed the charges during
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 generally had access to legal
representation and family members. Authorities provided indigent
detainees with counsel on an irregular basis. There was a functioning
bail system, except for persons charged with national security crimes
or crimes that could carry the death penalty.
Security force personnel detained individuals for evading national
service and on other unspecified national security charges. Numerous
detainees were arrested even if they had valid papers showing that they
had completed, or were exempt from, national service. 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.).
Unlike in previous years, there were very few 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. Many citizens believed that this was
because the government had already thoroughly scoured the major cities
numerous times and caught most deserters.
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 numerous members of the
Eritrean Liberation Front, an armed opposition group that fought
against Ethiopia during the struggle for independence.
Opposition Web sites reported during the year that nine of the 11
PFDJ National Assembly members who were detained in 2001 and 2002 were
reported to have died while in prison. Eight of the prisoners died from
lack of medical treatment for diabetes, bladder and kidney infections,
asthma, and other physical ailments. One prisoner, Berhane
Gebregzabhier, was reportedly executed by the government per the
recommendation of Naizghi Kiflu, a former presidential advisor.
At least four Eritrean diplomats arrested in previous years,
including former ambassador to China Ermias Debassai Papayo, remained
in detention, as did Aster Yohannes, wife of former foreign minister
Petros Solomon. Two citizens who worked for a foreign embassy have
remained in detention without charge since 2001. Several citizens
employed with international and local NGOs remained in detention
without charge as a result of a massive round-up in August 2008.
The government held numerous other detainees, including an unknown
number of the NGO employees detained in an August 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. The
government continued to detain the deposed Orthodox patriarch (see
section 2.c.). There were widespread reports 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, the
judiciary was weak and subject to executive control. Judicial
corruption remained a problem. The judicial process was influenced by
patronage of former fighters who in many cases were judges themselves.
Executive control of the judiciary continued; the Office of the
President served as a clearinghouse for citizens' petitions to the
courts or acted for the courts as arbitrators or facilitators in civil
matters. The judiciary suffered from a lack of trained personnel,
inadequate funding, and poor infrastructure that limited the
government's ability to grant accused persons a speedy and fair trial.
Public trials were held, but no cases involving individuals detained
for national security or political reasons were brought to trial. The
drafting into national service of many civilian court administrators,
defendants, judges, lawyers, and others involved in the legal system
continued to have a significant negative impact on the judiciary. The
government had not issued licenses to lawyers seeking to enter private
practice for 10 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 had not been implemented by
year's end.
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
Shari'a (Islamic law) benches. The Shari'a bench adjudicates family law
for followers of Islam 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 Shari'a 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 did not hand down
capital punishment sentences during the year. The attorney general
allowed special courts to retry civilian court cases, including those
decided by the High Court, thereby subjecting defendants to double
jeopardy. In rare instances appeals made to the Office of the President
reportedly resulted in special courts rehearing certain cases.
Most citizens' only contact with the legal system was with the
traditional community courts. In these courts judges heard civil cases,
while magistrates versed in criminal law heard criminal cases.
Customary tribunals were sometimes used to adjudicate local civil and
criminal cases. The Ministry of Justice offered training in alternative
dispute resolution to handle some civil and criminal cases.
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 nearly 200,000 enlisted in the
armed forces, the military courts have a significant and unregulated
importance in the country.
Shari'a for family and succession cases may be applied when both
litigants in civil cases are Muslims. In these cases the sentences
imposed may not involve physical punishment.
Trial Procedures.--The law and unimplemented constitution provide
specific rights to defendants in the regular court system. Defendants
have the right to be present and to consult with an attorney; however,
many defendants lacked the resources to retain a lawyer, and government
legal aid was limited to defendants accused of serious crimes
punishable by more than 10 years in prison. Only in the High Court did
defendants have the right to confront and question witnesses, present
evidence, gain access to government-held evidence, appeal a decision,
and enjoy the presumption of innocence; these rights were upheld in
practice.
Rural courts followed customary law rather than constitutional law
and were headed by rural elders or elected officials. Smaller cases in
rural areas were encouraged to be reconciled outside the court system,
while more substantial cases were reserved for the courts. These
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.--There were no confirmed reports
of political prisoners; however, several hundred individuals were
detained beginning in 2001 for political reasons. Many were perceived
to have ties to political dissidents or were believed to have spoken
against government actions. Most of these detainees had not been tried
and did not have access to legal counsel. The ICRC was not authorized
to visit these detainees, and no information was available on their
condition or circumstances of detention.
Civil Judicial Procedures and Remedies.--There are no civil
judicial procedures for individuals claiming human rights violations by
the government. For the majority of citizens there were few remedies
available for enforcing domestic court orders; however, persons
affiliated with the executive branch, former fighters, and persons with
wealth could use their influence with the court to secure civil
remedies before the law.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law and unimplemented constitution prohibit such
actions; however, the government did not respect these rights in
practice.
The government deployed military and police throughout the country,
using roadblocks, street sweeps, and house-to-house searches to find
deserters and draft evaders. Security forces continued to detain and
arrest parents of individuals who evaded national service duties or
fled the country, along with their family members; there were reports
that such parents were either fined 50,000 nakfa ($3,333) or forced to
turn their children in to the government. Government officials entered
households and confiscated the property and livestock of draft evaders.
Some security officials accepted bribes to aid draft evaders in
crossing the border.
There were reports of security forces arresting persons whose
expatriate family members did not pay their extraterritorial income
tax.
There were reports that security forces targeted gatherings of
unregistered religious groups, regularly searched their homes, and
detained their members. There were also reports that the government
sometimes seized the property of registered 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 use of SIM cards, necessary for
operating and storing information in mobile phones. The government
allowed only one SIM card per person, although many citizens generally
had more. 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.
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.
In 2008 the government demanded that departing NGOs hand over
financial and reporting documents to government officials. While
membership in the PFDJ, the government's only sanctioned political
party, was not mandatory for all citizens, the government coerced
membership for certain categories of individuals, particularly those
occupying government positions or assigned through national service to
serve in government institutions. All citizens were forced to attend
PFDJ indoctrination meetings irrespective of membership, and there were
reports of threats to withhold the ration cards of those who did not
attend. There were reports that similar meetings were mandatory for
Eritrean communities abroad, with names of those not in attendance
being reported to government officials. Citizens who did not attend
reportedly were harassed. Officials also collected biographical and
contact information on Eritrean residents living abroad.
Eritrean officials reportedly monitored refugee camps in
neighboring countries, such as Kenya and Sudan, and discouraged
refugees from engaging in political activity.
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 fled the country, which effectively prevented any public and media
criticism of the government. All journalists practiced self-censorship
due to fear of government reprisal.
The government attempted to impede criticism and took reprisals
against persons who criticized government officials or policies. During
the year persons were arrested for publicly complaining about poverty.
The government monitored meetings within the country and abroad. The
government also continued to forbid free speech. In an October
interview with Reuters, the president stated that he would not allow
independent media to operate in Eritrea.
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, individuals were permitted to purchase satellite
dishes and subscribe to international media. The government had to
approve publications distributed by religious or international
organizations before their release, and the government continued to
restrict the right of religious media to comment on politics or
government policies. The press law forbids reprinting of articles from
banned publications. The government also required diplomatic missions
to submit all press releases for approval before their publication in
the government media.
Unlike in 2008, the government permitted only one reporter
representing a foreign news organization, Reuters, to operate in the
country; however, the government did not grant permission for the
reporter to travel outside the capital. In February 2008 the government
created administrative obstacles for the Agence-France Presse (AFP)
international journalist resulting in his forced departure. AFP had not
been allowed to return to the country since. The president occasionally
conducted interviews with foreign news agencies invited specifically
for the interview.
The Swedish reporter who was held by the government for nearly four
years, released for medical treatment in 2005, and detained again a few
days later, remained in detention without charge at year's end. 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.
Journalists were often subject to arrest, harassment, intimidation,
and violence. For example, in January the government conducted a raid
on Radio Bana, one of three government-owned radio stations, and
arrested all employees present, including one foreign journalist who
was later released. It was unclear how many employees of Radio Bana
remained in detention at year's end.
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. In both its report to the UN during its
Universal Periodic Review and in interviews, the government repeatedly
implied that national security concerns were at the root of suppressing
free speech and criticism.
According to Reporters Without Borders, at least 30 journalists and
two media workers remained in detention at year's end, including Eri-TV
journalists Ahmed ``Bahja'' Idris, Johnny Hisabu, Senait Tesfay, Fathia
Khaled, and Amir Ibrahim; Radio Dimtsi Hafash employees Daniel Mussie
and Temesghen Abay; and Yemane Haile of the Eritrean News Agency. All
those detained, except Hisabu, who was held in a detention center in
Barentu, were reportedly held in a police-run complex in Asmara known
as Agip. Included among the 30 were at least 15 local journalists who
were arrested in 2001 for political reasons.
Some of the nine Ministry of Information journalists arrested in
2006 were released in 2007, and others remained in detention at year's
end.
Radio stations opposed to the government were founded by former
journalists who fled the country during the 2001 crackdown. For
example, Radio Assenna, created during the year, was founded in Europe
by two former Eri-TV broadcasters.
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, either directly or through high-ranking PFDJ party members, by
the government.
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.
According to International Telecommunication Union statistics for
2008, approximately 1.8 percent of the country's inhabitants used the
Internet.
Academic Freedom and Cultural Events.--The government restricted
academic freedom, including restricting or censoring course content or
curriculum, censuring or sanctioning academic personnel for their
teachings, writing, or research, restricting academic travel or contact
with other academics at home and abroad, intimidating academics into
practicing self-censorship, and influencing academic appointments based
on political affiliation.
In 2002 the government reorganized the University of Asmara, which
effectively shut down the university's undergraduate programs. As a
result, prospective students were not allowed to enroll in the
university and instead were directed by the government to attend the
Mai Nafhi Technical Institute. Students finishing high school were not
permitted to choose their next course of study and were assigned to
specific vocational programs based on their performance on the
matriculation exam, but only those students completing military
training at Sawa or receiving a medical waiver were allowed to take the
exam. A few graduate-level programs remained at the university;
however, the law school was effectively closed, as new students were
not permitted to enroll.
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.
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.
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 gatherings of more than three persons, the
government required those assembling to obtain a permit, although this
requirement was enforced sporadically.
There were no demonstrations during the year; the populace remained
intimidated by the government.
During the year security forces disrupted public meetings 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.--The law and unimplemented constitution
provide for freedom of religion; however, the government restricted
this right in practice. Only the four religious groups whose
registrations had been approved by the government (Orthodox Christian,
Muslim, Catholic, and Lutheran) were allowed to meet legally during the
year. Security forces continued to abuse, arrest, detain, and torture
members of nonregistered churches; at times such abuse resulted in
death.
During the year there continued to be reports that security forces
used extreme physical abuse such as bondage, heat exposure, and
beatings to punish those detained for their religious beliefs. Numerous
detainees were reportedly required to sign statements repudiating their
faith or agreeing not to practice it as a condition for release. There
also continued to be reports that relatives were asked to sign for
detainees who refused to sign such documents.
Authorities continued to detain, harass, and abuse hundreds of
followers of various unregistered churches (mostly Protestant) during
the year. Many of those detained were held in military prisons for not
having performed required national military service. Some were held for
refusing to belong to a specific religious group. Several pastors and
dozens of women were among the imprisoned. Several were released after
recanting their faith; however, many refused to recant and continued to
be detained in civilian and military detention facilities across the
country. While some were detained for short periods of time and
released, approximately 3,000 individuals remained in detention at
year's end because of their religious affiliation, according to the NGO
Compass Direct.
The government also continued to harass, detain, and discriminate
against Jehovah's Witnesses because of their refusal, on religious
grounds, to vote in the independence referendum and the refusal of some
to perform military duty. This discrimination persisted even though
Jehovah's Witnesses stated a willingness to perform nonmilitary
national service, such as working in hospitals.
Although members of several religious groups, including Muslims,
reportedly were imprisoned in past years for failure to participate in
national military service, the government singled out Jehovah's
Witnesses for harsher treatment than that received by followers of
other faiths for similar actions. In the past the government dismissed
members of Jehovah's Witnesses from the civil service, and many were
evicted from, or not allowed to occupy, government housing. Members of
Jehovah's Witnesses frequently were denied passports and exit visas,
and some had their identity cards revoked or did not receive them at
all.
During the year the government arrested the wives and daughters of
male members of Jehovah's Witnesses arrested in 2008; the practice
sometimes resulted in the incarceration of entire families. An
estimated 65 members of Jehovah's Witnesses were detained at year's
end.
In January security forces arrested 30 young Muslims in Asmara
believed to be influential in their communities; the 30, who were
charged with ``radicalism,'' were released in July and ordered to shave
their beards.
The government also continued to monitor, harass, threaten, and
arrest members of the four ``compliant'' religious groups (Faith
Mission Church, Seventh-day Adventists, Baha'i Faith, and the Mehrete
Yesus Evangelical Church), whose religious services it had not
approved.
There were no developments in the following 2008 cases: the arrest
of 19 members of Jehovah's Witnesses; the December arrest of more than
17 leaders of ``noncompliant'' religious groups; the November arrests
of more than 100 evangelical Christians; and the October detention of
military trainees who protested the government's confiscation and
burning of Bibles. It was unknown how many continued to be detained. It
was unknown if the practice of burning Bibles from incoming military
trainees continued as in previous years.
In May 2008 the government issued religious officials from the four
recognized religious groups a set number of identity cards and exempted
them from military service requirements. Officials who were not awarded
a card were told to report immediately for military training. No such
exemptions were provided during the year.
In 2008 there were reports of government officials, including the
Eritrean ambassador to Kenya, Saleh Omer, being complicit in the
physical abuse and torture of an Eritrean religious official in
Nairobi. Ambassador Saleh Omer was also reportedly responsible for
threatening church members and seizing church funds. There were
additional reports of the government being responsible for the deposing
of three former Orthodox priests in Nairobi.
The government effectively remained in charge of the Eritrean
Orthodox Church. In 2006 the Holy Synod, under government pressure,
deposed Patriarch Abune Antonios of the Eritrean Orthodox Church on
charges that he had committed heresy and was no longer following church
doctrine. The synod selected a new patriarch, Dioscoros. Deposed
Patriarch Antonios remained under house arrest and at year's end
continued to challenge the selection of Patriarch Dioscoros. The lay
administrator appointed by the government in 2005 remained the de facto
head of the church; the administrator was neither a member of the
clergy nor an appointee of the patriarch, as required by the
constitution of the Eritrean Orthodox Church.
The government continued to take possession of the weekly offerings
given by parishioners to the Orthodox Church. The government-appointed
lay administrator of the Orthodox Church claimed that the government
used the money from the offerings to pay priests and provide alms for
the poor.
The government prohibited political activity by religious groups
and faith-based NGOs. The government's Office of Religious Affairs
monitored compliance with this proscription. The government also
encouraged discrimination against the nonapproved religious groups,
reportedly distributing a memo in October 2008 discouraging
neighborhoods from allowing these groups to use burial plots.
Societal Abuses and Discrimination.--There were negative societal
attitudes toward members of nonregistered religious organizations. Some
citizens approved of the strict official measures levied against
unsanctioned churches, especially Pentecostal groups and Jehovah's
Witnesses.
There was a very small Jewish population; there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection or
Refugees, and Stateless Persons.--The law and unimplemented
constitution provide for freedom of movement, foreign travel,
emigration, and repatriation; however, the government restricted some
of these rights in practice. 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 with the
UNHCR to provide protection and assistance to approximately 4,300
Somali and 100 Sudanese 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 this issue.
While citizens could generally travel freely within the country and
change their places of residence, the government restricted travel to
some areas within the country, particularly along the borders with
Sudan and Ethiopia. The government continually modified its
requirements to obtain passports and exit visas, sometimes suspending
passport or exit visa services without prior warning. 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 roadblocks in Asmara
and on roads between cities to find draft evaders and deserters. Police
also stopped persons on the street and forcibly detained those who were
unable to present identification documents or movement papers showing
they had permission to be in that area.
Citizens and some foreign nationals were required to obtain exit
visas to depart the country. Persons routinely denied exit visas
included men up to the age of 54, regardless of whether they had
completed national service; women under the age of 47; members of
Jehovah's Witnesses; and other persons out of favor with, or seen as
critical of, the government. In 2006 the government began refusing to
issue exit visas to children 11 years and older. The government also
refused to issue exit visas to children, some as young as five years of
age, either on the grounds that they were approaching the age of
eligibility for national service or because their expatriate parents
had not paid the 2 percent income tax required of all citizens residing
abroad. Some citizens were given exit visas only after posting bonds of
approximately 150,000 nakfa ($10,000).
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. 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 cutting off fuel supplies
(see section 5.)
The law has no provisions concerning exile.
The government does not recognize dual citizenship; therefore, all
persons of Eritrean descent are citizens. In general citizens had the
right to return; however, citizens had to show proof that they paid the
2 percent tax on foreign earned income to be eligible for some
government services, including exit visas upon their departure from the
country. Applications to return to the country filed by citizens living
abroad were considered on a case-by-case basis if the applicant had
broken the law, contracted a serious contagious disease, or was
declared ineligible for political asylum by other governments.
In August the government halted its repatriation program with the
ICRC, preventing the repatriation of thousands of Ethiopians. In 2008
the government, in conjunction with the ICRC, repatriated 1,714
Ethiopians; and 52 citizens were repatriated from Ethiopia.
Internally Displaced Persons.--During 2008 almost all of the IDPs
from the conflict with Ethiopia were permanently resettled, although
1,800 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 was not a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol and
was 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. The government
provided temporary protection to approximately 135 persons from Sudan
and 4,300 persons from Somalia 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 reportedly were harassed by
government officials.
The government required noncitizens to pay an annual fee for a
residency card; there was no discrimination regarding nationality. The
fee was 500 nakfa ($34); 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. All
Ethiopians who were rounded up were released approximately one month
after Liberation Day.
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 was 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. During the year
the government continued to call individuals who created or were
involved in such parties traitors, rapists, pedophiles, and
traffickers.
Women held four ministerial positions in the government: justice,
labor and human welfare, tourism, and health. Women also served in
other senior government positions, such as mayors and regional
administrators.
There was no information on whether members of ethnic minorities
were on the 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
The law does not provide criminal penalties for official
corruption; however, the government often arrested many individuals it
unofficially charged with corruption. Those arrested under these
charges were never tried in court. The World Bank's 2008 governance
indicators reflected that corruption was a problem.
There were reports of petty corruption within the executive branch,
largely based on family connections. Judicial corruption was a problem.
There were allegations of corruption among military leaders involving
illicit trade, the appropriation of houses, and the black market
selling of goods such as diesel and cement. Corruption was rife in the
passport office, and individuals requesting exit visas or passports had
to pay bribes.
Public officials were not subject to financial disclosure laws, and
there was no government agency responsible for combating government
corruption.
In the past the government seized successful private companies and
turned them over to the party or to the government. Individuals were
not compensated for these seizures. During the year the government also
seized crops and other foodstuffs from individuals and turned them over
to the ruling party.
Although the law and unimplemented constitution provide for public
access to government information, the government did not provide
information to either citizens or noncitizens.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
No domestic human rights groups and only four international
humanitarian NGOs (Oxfam, Lutheran World Federation, Catholic Relief
Services, and Norwegian Church Aid) operated in the country; the
government interfered with and restricted their work. Catholic Relief
Services began the process of shutting down its office during the year
after receiving notification it was not in compliance with government
regulations.
The government allowed three ruling party-aligned domestic rights
NGOs--Citizens for Peace in Eritrea, Eritrean War Disabled Fighters
Association, and Vision Eritrea, Inc.--to operate. All NGOs were
required to register with the Ministry of Labor and Human Welfare, but
international NGOs were required to maintain 30 million nakfa ($2
million) in a local bank. Many failed to receive government approval
under the registration process and were required to leave the country.
In 2008 the international NGOs CARE and Dutch Interchurch Aid
closed operations and departed the country, citing obstruction and
government harassment. In 2006 the government asked five NGOs--Mercy
Corps, ACCORD, Samaritan's Purse, International Rescue Committee, and
Concern--to close operations and depart the country, which they did.
In previous years the government permitted only the ICRC to operate
effectively, although it limited ICRC operations to repatriation,
providing shelter to approximately 500 families displaced by the
conflict with Ethiopia, visiting prisons and detention centers where
Ethiopians were held, and providing assistance to IDPs. However, during
the year the government severely restricted ICRC operations and
prevented the organization from repatriating Ethiopians to Ethiopia and
from monitoring the conditions of Ethiopian prisoners of war.
Of the dozens of NGO employees rounded up and detained by the
government during August 2008 raids on NGO compounds, at least a half
dozen remained in detention.
In 2008 the government cut off diesel 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, and supplemental feeding
and hospital feeding programs continued under the supervision of the
Ministry of Health. By requiring NGOs and UN organizations to obtain
permission to travel outside the capital, the government effectively
controlled access by relief organizations to the rural areas. The
status of school feeding programs was unknown at year's end. The WFP
maintained an office but did not have any programs operating in
country. UNICEF funded several feeding programs through the Ministry of
Education. However, several UN organizations and NGOs cited
malnutrition as an increasing concern, one 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 prohibits discrimination
against women, persons with disabilities, and discrimination based on
race, language, and social status, and the government generally
enforced these provisions; however, during the year the government
provided privilege to former ``revolutionary fighters'' and granted
them access to business opportunities, trade imports, and expropriated
property from non-fighters.
Women.--Rape is a crime punishable by up to 10 years' imprisonment,
while gang rape or 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. It was unclear whether spousal rape is illegal. No
information was available on the prevalence of rape. Authorities often
responded to reports of rape by encouraging the perpetrator to marry
the victim.
Violence against women was pervasive. Domestic violence is a crime;
however, domestic violence cases were rarely brought to trial, and
there were no legal penalties enshrined into law. Women seldom openly
discussed domestic violence because of societal pressures. Such
incidents were more commonly addressed, if at all, within families or
by clergy. The authorities' response to domestic violence was hindered
by a lack of trained personnel, inadequate funding, and unsupportive
societal attitudes.
Prostitution is illegal but was a serious problem. Security forces
occasionally followed women engaged in prostitution and arrested those
who had spent the night with a foreigner.
Sexual harassment is illegal; however, cultural norms prevented
women from reporting these types of incidents, and no one was charged
or prosecuted for sexual harassment.
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.
The government provided access to contraception and equal access to
treatment and diagnosis for sexually transmitted diseases, including
HIV/AIDS.
Women have a legal right to equal educational opportunities, equal
pay for equal work, and equal property rights; however, in practice men
retained privileged access to education, employment, and control of
economic resources, particularly in rural areas. Women generally did
not enjoy a social status equal to men.
The law requires that women from 18 to 47 years of age participate
in national service. During the year the government continued efforts
to detain female draft evaders and deserters. According to reports,
some women drafted for national service were subjected to sexual
harassment and abuse.
The National Union of Eritrean Women (NUEW), Ministry of Labor and
Human Welfare, and Ministry of Health were the primary government
offices responsible for ensuring legal rights of women. Economic
discrimination against women was not a problem, despite the social
discrepancies.
Children.--Citizenship was derived from one's parents and from
obtaining a national identity card. It was possible to be born abroad
to Eritrean parents without being a citizen simply by not applying for
a national identity card. There were no known instances of someone
being born to Eritrean parents in country and not having obtained
citizenship.
Education through grade seven is compulsory and tuition free;
however, students were responsible for uniforms, supplies, and
transportation, which was prohibitively expensive for many families.
Education above grade seven 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 school at a location adjacent to the Sawa
military training facility in the western section of the country.
Students who did not attend this final year did not graduate and could
not take examinations that determined eligibility for advanced
education. The remote location of this boarding school, security
concerns, and societal attitudes reportedly resulted in many female
students not enrolling for their final year; however, women could earn
an alternative secondary school certificate by attending night school
after completing national service. Many students elected to repeat
grades or dropped out of high school after the 11th grade to avoid
forced conscription into the Sawa military education.
Boys and girls had equal access to state provided medical care.
There are no laws against child abuse and no government programs to
combat the problem. Physical punishment was widespread and socially
accepted.
An estimated 94 percent of girls had undergone FGM. Almost all
ethnic and religious groups in the country practiced FGM, despite
extensive government efforts to curb the practice. In the lowlands,
infibulation--the most severe form of FGM--was practiced. In 2007 the
government issued a proclamation declaring FGM a crime and prohibited
its practice. The government and other organizations, including the
NUEW and the National Union of Eritrean Youth and Students, sponsored a
variety of education programs during the year that discouraged the
practice.
The legal minimum age for marriage for both men and women is 18,
although religious entities may bless marriages at younger ages. UNICEF
reported that 46 percent girls were married before 18 years of age.
There were no known instances of children engaged in prostitution
for survival with or without third party involvement. The law
criminalizes child prostitution, pornography, and sexual exploitation;
however, there were reports that it occurred.
All students spend their final year of high school at the military
training 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 or older, although a fair percentage were as young as 16.
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, children under the age of 18 have
been conscripted in rare instances. 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 was larger than the impact of programs provided by UNICEF.
Trafficking in Persons.--The law and unimplemented constitution
prohibit trafficking in persons, and there were no reports that persons
were trafficked to, from, or within the country by outside groups or
individuals. However, the government's mandatory national service
program required citizens to work for indefinite periods of time
without promotion or freedom of movement and with inadequate pay (see
section 7.c.). Thousands of citizens fled during the year to avoid
national service.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law and unimplemented constitution
prohibit discrimination against persons with disabilities in
employment, education, or in the provision of other state services, and
there were no reports of discrimination in practice. The government
dedicated substantial resources to support and train the thousands of
men and women with physical disabilities that resulted from the war for
independence and the conflict with Ethiopia. There are no laws
mandating access for persons with disabilities to public thoroughfares
or public or private buildings, but many newly constructed buildings
provided such access. The Ministry of Labor and Human Welfare was
responsible for the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--There were reports of
government and societal discrimination against the Kunama, one of nine
ethnic groups residing primarily in the west. Societal abuse of
Ethiopians occurred, but there were fewer reports of such abuse than in
the previous year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexuality is illegal, and
homosexual persons faced severe societal discrimination. The government
accused foreign governments of promoting the practice to undermine the
government. There were no known official discriminatory practices
against civilians, although there were uncorroborated reports that
known homosexual persons in the military were subjected to severe
abuse. There were no known lesbian, gay, bisexual, or transgender
organizations in country.
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, military, 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. The government did not encourage the formation of
independent unions by employees of private businesses. Union leaders
were typically government employees, and union activities were
generally government sanctioned. The Ministry of Labor and Human
Welfare must grant special approval for groups of 20 or more persons
seeking to form a union. There were no reports that the government
opposed the formation of labor associations during the year; however,
the government did not approve the formation of any unions.
The law allows strikes; however, all unions were closely aligned
with the government and thus did not exercise or promote the right to
strike.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and collective
bargaining is allowed. In practice all unions were subservient to the
government, which set wages for union workers, employees of PFDJ-owned
enterprises, and government employees. 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, particularly in national service program.
The government required all men between the ages of 18 and 54 and
women between the ages of 18 and 47 to participate in the national
service program, 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 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 the undemarcated border with Ethiopia.
Some national service members were assigned to return to their civilian
jobs while nominally kept in the military because their skills were
deemed critical to the functioning of the government or the economy.
These individuals continued to receive only their national service
salary; the government required them to forfeit to the government any
money they earned above and beyond that salary. Government employees
generally were unable to leave their jobs or take new employment. Draft
evaders often were used as laborers on government development projects.
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. 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, fetching firewood and water, and herding
livestock, among other activities. In urban areas children could be
seen in auto mechanic outfits working in car repair shops. Some
children worked as street vendors of cigarettes, newspapers, or chewing
gum to supplement household income or at the behest of older children.
There were no known instances of forced child labor.
There were no known reports of children engaged in the worst forms
of child labor; however, in urban areas children were engaged in auto
and bicycle repair or transport of grain/goods via donkey carts. In
rural areas children assisted with farming corn, wheat, sorghum, and
other grains.
Labor inspectors from the Ministry of Labor and Human Welfare 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
included government preschool services in rural and urban areas and
academic and vocational training.
e. Acceptable Conditions of Work.--The minimum wage in the civil
service sector of 360 nakfa ($24) per month did not provide a decent
standard of living for a worker and family. Most persons in national
service and the service industry made less than the minimum wage. For
instance, police officers earn between 50 and 400 nakfa per month
(between $3.33 and $26.67). The government did not enforce the minimum
wage law.
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 no known discrimination against foreign
or migrant workers, although Ethiopians stated it was difficult to find
work and believed they faced discrimination.
__________
ETHIOPIA
Ethiopia is a federal republic led by Prime Minister Meles Zenawi
and the Ethiopian People's Revolutionary Democratic Front (EPRDF)
coalition. The population is estimated at 77 million. In the 2005
parliamentary elections, the EPRDF won a majority of seats to remain
the ruling party for a third consecutive five-year term. In local and
by-elections held in April 2008, the EPRDF and allied parties took
virtually all of the more than three million open seats contested
nationwide. Prior to the vote, ruling coalition agents and supporters
used coercive tactics and manipulation of the electoral process,
including intimidation of opposition candidates and supporters.
Political parties were predominantly ethnically based, and opposition
parties remained splintered. During the year fighting between
government forces, including local militias, and the Ogaden National
Liberation Front (ONLF), an ethnically based, nationalist, insurgent
movement operating in the Somali Region, resulted in continued
allegations of human rights abuses, particularly diversion of food aid
from intended beneficiaries suffering from a severe drought. While
civilian authorities generally maintained effective control of the
security forces, there were numerous instances in which elements within
those forces acted independently of government authority.
Human rights abuses reported during the year included unlawful
killings, torture, beating, abuse and mistreatment of detainees and
opposition supporters by security forces, often acting with evident
impunity; poor prison conditions; arbitrary arrest and detention,
particularly of suspected sympathizers or members of opposition or
insurgent groups; police, administrative and judicial corruption;
detention without charge and lengthy pretrial detention; infringement
on citizens' privacy rights, including illegal searches; use of
excessive force by security services in an internal conflict and
counterinsurgency operations; restrictions on freedom of the press;
arrest, detention, and harassment of journalists; restrictions on
freedom of assembly and association; violence and societal
discrimination against women and abuse of children; female genital
mutilation (FGM); exploitation of children for economic and sexual
purposes; trafficking in persons; societal discrimination against
persons with disabilities and religious and ethnic minorities; and
government interference in union activities, including harassment of
union leaders.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces
committed arbitrary and politically motivated killings during the year.
Government forces, including militias, and armed elements of the
ONLF were responsible for targeted killings in the Somali region during
the year (see section 1.g.).
On January 7, local police shot and killed Debasu Yengusie Mengesha
and teacher Gobeze Wudu, residents of Yetnora kebele (neighborhood) in
the Amhara Region while they were leaving a bar. The perpetrators were
detained and remained under investigation at year's end.
On February 25, students at Gedo Secondary School (West Shoa Zone,
Oromiya region) found a flier containing hateful remarks about Oromos.
When the school principal delayed in investigating the case, Oromo
students refused to attend classes and demonstrated inside the school
compound. The principal called local police, who ordered students to
disperse. When they refused, police shot and killed Wendimu Damena, a
19-year-old student. Another student, 20-year-old Belay Motuma, was
shot in the chest and remained hospitalized at year's end. Two
students, Berecha Folesa and Tamari Melaku Weyesa, were arrested during
the demonstration and were released on bail on March 9. On March 17,
six school administration employees and one agricultural bureau
employee, all of whom were opposition Oromo People's Congress (OPC)
candidates in the 2008 local elections, were arrested and charged with
inciting violence. The case remained pending at year's end.
In October 2008 local police and militia in Zeba kebele (Dejen
woreda, East Gojam zone, Amhara Region) shot and killed three
brothers--Yayeh Yirad Assefa, Negusu Assefa, and Temesgen Assefa. The
brothers were reportedly suspected of killing a militiaman from Najima
kebele on the same date. There was no official investigation into the
incident.
There were no developments in the July 2008 killing of opposition
political party All Ethiopia Unity Party (AEUP) supporter Aschalew
Taye.
In 2007 Welelaw Muche, a supporter of the former opposition party
Coalition for Unity and Democracy (CUD) in Enamrit town (West Gojjam
zone, Mecha woreda, Amhara region) was shot and killed, reportedly by a
government militiaman. On May 6, a government newspaper acknowledged
the death but said that the killer remained unknown.
According to a May government report, Tamene Tadesse, Gue town
security chief, was charged with use of excessive force and was
sentenced to 15 years in prison for the 2007 fatal shootings of two
students in Gue town (Oromiya region).
There were no developments in any cases of other 2007 killings.
Addis Ababa and other areas experienced bombings that killed
civilians during the year. Although no one claimed responsibility, the
government charged the bombings were the work of insurgent groups or
agents of Eritrea. On April 14, a land mine exploded in the Danakil
Depression area of the Afar Region, killing two persons and wounding
two. The government claimed the South Red Sea Rebel Liberation Front
was responsible, although this remained unconfirmed.
There were no developments in the following 2008 bombing cases: the
Humera public bus bombing; the Humera school explosion; the Addis Ababa
gas station bombing; the minibus bombing allegedly committed by the
Oromo Liberation Front (OLF); the bombing of two hotels in Negele
Borena, Oromiya region; the Merkato bombing; and the Jijiga hotel
bombing.
On December 15, two hand grenades thrown into a crowded cafe in
Kebri Dehar town, Somali region, killed one woman and wounded nine. The
government claimed the perpetrators were four Eritreans supporting the
rebel Ogaden National Liberation Front. Perpetrators are in police
custody pending investigation.
Clashes between ethnic clans during the year resulted in hundreds
of deaths (see section 6).
b. Disappearance.--There were reports of politically motivated
disappearances.
In February 2008, Alexander Gebre Meskel, a 40-year-old resident of
Kirkos subcity, Addis Ababa, disappeared. He previously reported to his
family that he was being followed by security forces. His whereabouts
remained unknown at year's end.
There were no developments in the 2008 disappearances of Ethiopian
Teacher's Association members Tilahun Ayalew and Anteneh Getnet.
There were no developments in the following reported 2007
disappearances: Yohannes Woldu Girma Tesfaye Ayana, Befekadu Bulti
Merri, Mulatu Gebremichel, Ismail Blatta, Daniel Worku, and Amha Yirga.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit the use of
torture and mistreatment, there were numerous credible reports that
security officials tortured, beat, and mistreated detainees. Opposition
political party leaders reported frequent and systematic abuse and
intimidation of their supporters by police and regional militias.
Numerous reliable sources confirmed that in Maekelawi, the central
police investigation headquarters in Addis Ababa, police investigators
often used physical abuse to extract confessions. Several political
prisoners who were held at Maekelawi and other nontraditional detention
facilities independently alleged in 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.
Abuses reportedly include being blindfolded and hung by the wrists for
several hours, bound by chains and beaten, held in solitary confinement
for several days to weeks or months, subjected to mental torture such
as harassment and humiliation, forced to stand for more than 16 hours,
and having heavy objects hung from the genitalia. The government
generally denied reports of torture in detention centers and did not
respond to specific reports of abuse.
Several of the defendants in the Ginbot Seven trial, who were
arrested on April 24 and charged with attempting to engage in terrorist
activities, reported harsh physical abuse and torture during pretrial
interrogations. On November 13, defendants reported to the court that
they were tortured by prison guards. A government spokesman denied the
allegations. In December the Federal High Court convicted 40
defendants, pronouncing death sentences on Berhanu Nega, Muluneh Eyoel,
Andargachew Tsige), Mesfin Aman (all charged in absentia), and Melaku
Teferra.
The court pronounced life sentences on 33 convicted defendants:
Alehubel Amare (charged in abstentia); Yaregal Yimam (charged in
abstentia); Dan (full name not available; charged in abstentia); Aweke
Afewerk (charged in abstentia); Dereje Habtewold (charged in
abstentia); Daniel Assefa (charged in abstentia); Chekol Getahun
(charged in abstentia); Efrem Madebo (charged in abstentia); Fasil
Yenealem (charged in abstentia) Brigadier General Teferra Mamo; Asamnew
Tsige; Tsige Habtemaryam; Mengistu Abebe; Lt. Col. Solomon Ashagre; Lt.
Col. Alemu Getenet; Major Mesekere Kassa; Lt. Col. Getachew Berele;
Captain Temesgen Bayleyegn; Getu Worku; Lt. Col. Fantahun Muhaba; Lt.
Col. Abere Asefa; Major Misganaw Tessema; Yeshiwas Mengesha; Emawayish
Alemu; Lt. Col. Demsew Anteneh; Yeshiwas Mitiku; Gobena Belay; Amerar
Bayabil; Goshirad Tsegaw; Wudneh Temesgen; Yibeltal Birhanu; Major
Mekonen Worku; Kifle Sinshaw.
The court sentenced two convicted defendants--Major Adugna
Alemayehu and Major Adefris Asaminew--who had pled guilty to 10 years
in a maximum security prison and deprivation of civil rights for four
years.
There were no developments in the February 2008 beating of Gelaye
Tadele while in local police custody in Arba Minch town of the Southern
Nations region.
There were no developments in the 2007 case of Ayena Cheri, who was
arrested on suspicion of being a member of the OLF and who has alleged
repeated severe beatings while in detention.
Nine of the 37 CUD members arrested and tortured in 2006 remained
in prison at year's end.
Prison and Detention Center Conditions.--The country has three
federal and 117 regional prisons. There are several unofficial
detention centers operating throughout the country, including in
Dedessa, Bir Sheleko, Tolay, Hormat, Blate, Tatek, Jijiga, Holeta, and
Senkele. Most are located at military camps and were allegedly used as
overflow detention centers following mass arrests.
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 ($0.60) 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.
While statistics were unavailable, there were some deaths in prison
due to illness and poor health care. Prison officials were not
forthcoming about reports of such deaths. Several pardoned political
prisoners had serious health problems in detention but received little
treatment. In Shashamene Correctional Facility, four inmates died
during an epidemic in 2008 due to lack of medical attention, according
to a report by the Ethiopian Human Rights Commission (EHRC).
In December 2008 the EHRC reported there were 80,974 persons in
prison, of whom 2,123 were women and 487 were children detained with
their mothers. Juveniles were often incarcerated with adults, sometimes
with adults who were awaiting execution. Men and women prisoners were
generally, but not always, separated. Authorities generally permitted
visitors but sometimes arbitrarily denied visit requests. In some cases
family visits to political prisoners were restricted to a few per year.
Pretrial detainees were often held together with convicted prisoners.
During the year the International Committee of the Red Cross (ICRC)
visited regional prisons only but remained barred from visiting any
sites in the Somali region. The government continued to prevent ICRC
representatives from visiting police stations and federal prisons
throughout the country including those where opposition, civil society,
and media leaders were held. Regional authorities allowed the ICRC to
meet regularly with prisoners without third parties being present. The
ICRC also continued to visit civilian Eritrean nationals and local
citizens of Eritrean origin detained on alleged national security
grounds.
The local nongovernmental (NGO) Prison Fellowship Ethiopia (JFA-
PFE) was granted access to various prison and detention facilities,
including federal prisons. JFA-PFE operated a ``model'' prison in Adama
with significantly better conditions compared with other prisons. JFA-
PFE reported that the government was supportive of their efforts. The
government also periodically granted diplomatic missions access to
regional prisons and prison officials, subject to advance notification.
During the year the government established regional ``Justice
Forums'' throughout the country to improve coordination among the
Ministry of Justice (MOJ), Regional Security, and the Prison
Administration. The government increased the budget allocated for
constructing new prisons to alleviate overcrowding.
d. Arbitrary Arrest or Detention.--Although the constitution and
law prohibit arbitrary arrest and detention, the government frequently
did not observe these provisions in practice.
Role of the Police and Security Apparatus.--The Federal Police
Commission reports to the Ministry of Federal Affairs, which is
subordinate to the parliament; however, this subordination is loose in
practice. Local militias also operated as local security forces largely
independent of the police and military. Corruption remained a problem,
particularly among traffic police who routinely solicited bribes.
Impunity also 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 detentions and beatings of civilians. The federal police
acknowledged that many of its members as well as regional police lacked
professionalism. In July the Addis Ababa Police Commission fired 444
staff members, including high-ranking officials, for involvement in
serious crimes including armed robbery, rape, and theft. There were no
prosecutions of those dismissed.
The government continued efforts to train police and army recruits
in human rights. During the year the government continued to seek
assistance from the ICRC, JFA-PFE, and EHRC to improve and
professionalize its human-rights training and curriculum by including
more material on the constitution and international human rights
treaties and conventions. JFA-PFE conducted human rights training for
police commissioners and members of the militia.
Arrest 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 law requires detainees to be brought to court and charged within 48
hours, this generally was not respected in practice. While there was a
functioning bail system, it was not available in murder, treason, and
corruption cases. In most cases authorities set bail between 500 and
10,000 birr ($40 and $800), which was too costly for most citizens.
Police officials did not always respect court orders to release
suspects on bail. With court approval, persons suspected of serious
offenses can be detained for 14 days and for additional 14-day periods
if an investigation continues. The law prohibits detention in any
facilities other than an official detention center; however, there were
dozens of unofficial local detention centers used by local government
militia and other formal and informal law enforcement entities. The
government provided public defenders for detainees unable to afford
private legal counsel, but only when their cases went to court. While
in pretrial detention, authorities allowed such detainees little or no
contact with legal counsel. Police continued to enter private
residences and arrest individuals without warrants (see section 1.f.).
Opposition party members consistently and credibly reported that in
small towns, authorities detained persons in police stations for long
periods without charge or access to a judge, and that sometimes these
persons' whereabouts were unknown for several months. Opposition
parties registered many complaints during the year that government
militias beat and detained their supporters.
On April 24, security officials detained 32 persons allegedly
affiliated with Ginbot Seven, an external opposition group, for their
suspected involvement in a terrorist assassination plot. Those charged
included several current and retired army officers, including two
generals, along with senior opposition political figures. Those
detained were held for more than a month without charges while police
gathered evidence, during which time family members were not informed
of their whereabouts. The detainees were denied pretrial access to
legal counsel, and several alleged mistreatment while in detention. On
August 6, the Federal High Court found 13 other defendants guilty in
absentia, one not guilty in absentia, and the 32 who were detained were
ordered to present their defense cases. Of the 32, the court acquitted
five defendants on November 19. On December 22, the court sentenced 40
Ginbot Seven defendants: five to death, 33 to life terms, and two to 10
years' imprisonment.
On May 27, customs authorites detained Ethiopian Human Rights
Council (EHRCO) chairman and prominent human rights lawyer Abebe Worke
and Voice Of America (VOA) reporter Meleskachew Amha for allegedly
attempting to illegally sell imported duty-free publishing equipment
that belonged to Addis Broadcasting Company (ABC), 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 for fear of
persecution. 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 ($112,000).
ABC General Manager Amelework Tadesse and three others were
arrested on the same date. Amelework was charged with attempting to
illegally sell duty-free equipment to a third party. The other cases
were dropped due to lack of evidence. Amelework's case was pending at
year's end.
On June 1, Werebabo woreda, Bistima, town officials (South Wollo
zone, Amhara region) arrested EHRCO investigator Mulugeta Fentaw.
Mulugeta was returning home after investigating alleged cases of
harassment of opposition political party Unity for Democracy and
Justice (UDJ) members in Bistima town. While waiting at a bus stop,
Werebabo woreda Security Chief Makonnen Hussein confiscated Mulugeta's
notebook, which contained sensitive summaries of his interviews.
Immediately thereafter, police accused Mulugeta of stealing 2,000 birr
($160) and arrested him. At the police station he was searched, and
when police found only 200 birr ($16) in his possession, they modified
the charge to claim that he stole only 200 birr ($16). Mulugeta was
arrested and jailed for three days. He was brought to the woreda court
on June 3, where he was 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.
One of Mulugeta's defense witnesses, Alemu Abaineh, was arrested a
couple of days after testifying in court. He was accused of stealing
and carrying 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.
According to government reports, of those opposition AEUP members
arrested at a Chendiba wedding in 2008, Wagnew Tadesse, Demissie
Yehualla, Kolagie Jegne, Teffera Akemu, and Setegne Tadege were
released, while Mekuanent Seneshaw, Alehegne Mekuanent, Kifle Tadege,
and Endale Tadege remained in prison at year's end, charged with
holding an illegal political gathering in the form of a wedding.
There were no developments in the 2007 case in which Kenyan
authorities turned over to the Ethiopian National Defense Forces (ENDF)
150 suspected fighters in Somalia, at least 10 of whom remained in ENDF
custody.
In October 2008 officials arrested at least 53 ethnic Oromos
(possibly as many as 200) for alleged support of the banned OLF. Of the
53 persons arrested, 38 were released, and the cases of the remaining
15 were pending at year's end.
In 2007 security forces arrested approximately 450 individuals,
many of whom were opposition party members, suspected of supporting the
OLF or carrying out terrorist activity. Of the 148 who remained in jail
at the end of 2008, 35 were sentenced during the year to four to 14
years' imprisonment, while the remaining 113 were released.
Following a 2008 investigation on prison conditions, the EHRC
reported that the overwhelming majority of detainees in prisons were
held on pending charges. For example, only 10 percent of prisoners in
Gambella prison had been convicted and 46 percent of those in Addis
Ababa. Some prisoners reported being detained for several years without
being charged and without trial. A lack of modern record-keeping
systems resulted in prisoners sometimes not benefiting from parole and
not receiving credit for time served.
In May the director general of the Federal Police reported that 65
percent of the 45,000 criminal cases filed at the federal first
instance court in 2008 were eventually dropped due to lack of evidence
or witnesses.
Amnesty.--On September 10, regional authorities in the Amhara and
Oromiya regions granted amnesty to 9,612 prisoners.
On October 5, the government granted amnesty to 384 prisoners based
on a recommendation from the National Pardon Board.
On December 15, the government granted amnesty to 10 leaders and
members of the former Coalition for Unity and Democracy based on a
recommendation from the National Pardon Board.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary. Although the civil courts operated with
independence, the criminal courts remained weak, overburdened, and
subject to significant political intervention and influence.
Constitutional interpretation remains solely the responsibility of the
upper house of parliament, consisting exclusively of ruling party
members, which also handles judicial appointments and reviews judicial
conduct. In practice courts have discretion to convict defendants on
charges not raised by the prosecution.
The government continued to decentralize and restructure the
judiciary along federal lines with the establishment of courts at the
district, zonal, and regional levels. The Federal High Court and the
Federal Supreme Court heard and adjudicated original and appeal cases
involving federal law, transregional matters, and national security.
The regional judiciary was increasingly autonomous.
Regional offices of the federal MOJ monitored local judicial
developments. Some regional courts had jurisdiction over both local and
federal matters, as the federal courts in those jurisdictions had not
begun operation; overall, the federal judicial presence in the regions
was limited. Because of this, many citizens residing in rural areas did
not have reasonable access to the federal judicial system at any level
and were effectively forced to rely on traditional conflict-resolution
mechanisms such as the Elders' Councils. Several women complained of
lack of access to free and fair hearings in the traditional justice
system because they were excluded from participation in the Elders'
Councils and because there was strong gender discrimination in rural
areas.
Some local officials believed they were not accountable to a higher
authority.
The judicial system severely lacked experienced staff, sometimes
making the application of the law unpredictable. The government
continued to train lower court judges and prosecutors and made
effective judicial administration the primary focus of the training. To
address overcrowding, in October the government allocated 147 million
birr ($11.76 million ) to construct five new courthouses in Addis Ababa
and Dire Dawa.
In the country's judicial system, there are federal and regional
criminal courts. There are federal first instance courts, high courts,
and the Supreme Court. There are also regional first instance courts
and high courts. The Supreme Court maintains appellate authority over
all courts.
The law provides legal standing to some preexisting religious and
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. Shari'a (Islamic) courts may hear religious and family cases
involving Muslims. In addition other traditional systems of justice,
such as Councils of Elders, continued to function. These customary
courts resolved disputes for the majority of citizens who lived in
rural areas and generally had little access to formal judicial systems.
The federal first instance court's seventh criminal branch, headed
by three judges, handled cases involving juvenile offenses and cases of
sexual abuse of women and children. There was a large backlog of
juvenile cases, and accused children often remained in detention with
adults until officials heard their cases. There were also credible
reports that domestic violence and rape cases were often significantly
delayed and given low priority.
On July 7, 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.
Criminal matters related to the military are handled by military
tribunals. Military tribunals may not try civilians except in cases of
national security. The military justice system lacked adequately
trained staff to handle a growing caseload.
On November 10, the Federal Supreme Court sentenced Judge Girma
Tiku, former president of the First Instance Court for Urban Affairs of
Lideta subcity, Addis Ababa, to seven years' imprisonment and a fine of
1,000 birr ($80) on corruption charges.
There were no developments in the 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. However, in
contrast with previous years and in limited cases, closed proceedings
took place, and at times authorities allowed detainees little or no
contact with legal counsel The court system does not practice trial by
juries. In principle those charged have a presumption of innocence
until proven guilty.
Judicial inefficiency, lengthy trial delays, and lack of qualified
staff often resulted in serious delays in trial proceedings. The
Federal High Court remained open for a month and a half during its
regular recess period in August and September to try to reduce the
backlog of cases. The Public Defender's Office provides legal counsel
to indigent defendants, although its scope and quality of service
remained limited due to the shortage of attorneys. 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. 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, who was in exile in
Zimbabwe. According to a May government report, religious leaders
requested that the government reduce the sentences of former Derg
officials. The government had not responded at year's end.
Political Prisoners and Detainees.--Domestic and international NGOs
estimated there were several hundred political prisoners and detainees.
There were numerous credible reports of unlawful detention of
opposition candidates and their supporters.
In September several opposition party leaders reported an
intensification of arrests of opposition supporters, especially in the
Oromiya and Amhara regions. Opposition parties published lists of
members and supporters arrested in the past three months, including
more than 360 in the Oromiya region and 230 in the Amhara region.
On July 4, Nimona Tuffa, a student at Hayume Medical College in
Ambo and an opposition OPC member, was picked up by Oromiya Regional
Security officials dressed in civilian clothes in Guder town. Nimona
reported that security officials, including Head of Security of West
Shoa Zone Tesfaye Sime, beat him, first in a nearby forest and later at
the Ambo Oromo People's Democratic Organization (part of the EPRDF
coalition) office, 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. The case was raised with the
government, but no action had been taken at year's end.
In November 2008 Lema Merga, Secretary General of OPC in Southwest
Shoa zone (Oromiya Region, central Ethiopia), reported he was picked up
by local security officials from Wolisso town without a warrant and
transported 54 miles) to Sebeta town, where he was detained. He was
released on November 21 without ever appearing in court.
In mid-October 2008 approximately 20 persons, including prominent
Oromo Federalist Democratic Movement (OFDM) member Makonnin Dheressa,
were arrested and placed under the custody of the Federal Army at the
Army Camp in Dembe Dollo. All were released before year's end.
In late October/early November 2008, 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, one of the defendants was found
not guilty, and the remaining 15 were ordered to present their
defenses. Their cases remained pending at year's end. For example, OFDM
secretary general Bekele Jirata was charged with recruiting and
organizing OLF members, promoting OLF terrorist activities, and
financially supporting the OLF. Bekele Jirata was released on bail on
February 4, but his case was pending at the end of the year.
There was no development in the March 2008 arrest of opposition CUD
supporter Chaka Robi. He remained in police custody at year's end. No
charges were known to have been filed.
Popular singer Tewodros Kassahun (known as Teddy Afro) appealed his
2006 manslaughter conviction, and the court reduced his sentence from
six to two years. He was released from prison on August 13. Some of
Tewodros' songs were critical of the government.
Opposition UDJ party president Birtukan Mideksa, whose pardon was
revoked and life sentence reinstated in December 2008, remained in
prison throughout the year. She was held in solitary confinement until
June, despite a court ruling that indicated it was a violation of her
constitutional rights. She was also denied access to visitors except
for a few close family members, despite a court order granting visitor
access without restrictions. There were credible reports that
Birtukan's mental health deteriorated significantly during the year.
At year's end several hundred other political detainees, including
CUD, ONLF, and OLF members, remained in prison.
In 2007 the government pardoned 71 individuals arrested following
demonstrations in 2005. The pardons permitted the defendants' future
political participation, but in practice the government continued to
limit that right.
Of the 52 individuals arrested in 2006-07 for alleged membership in
the insurgent Ethiopian Patriotic Front, 48 were sentenced during the
year to one to 15 years' imprisonment, three died while in prison
awaiting trial, and one was acquitted.
Civil Judicial Procedures and Remedies.--Civil courts, which
provided judicial remedy for alleged wrongs, were generally viewed as
independent and impartial. The law provides citizens the right to
appeal human rights violations in civil court; however, no such cases
were filed during the year.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law requires authorities to obtain judicial
warrants to search private property; however, in practice, particularly
outside Addis Ababa, police often ignored this law. Opposition party
representatives claimed that police sometimes used fraudulent search
warrants to enter homes and commit criminal acts, including extorting
money. There were reports that members of local militias robbed persons
during the year in locations throughout Oromiya.
There continued to be reports of police forcibly entering civilian
homes throughout the year.
For example, on April 16, Tirch kebele (Dejen woreda, Amahara
region) and woreda officials searched the house of Waltenegus Abate,
vice chairman of the AEUP in that woreda, without a warrant. Although
officials accused him of hiding armaments, none were found. Before
leaving, local police reportedly beat his seven- and 12-year-old
daughters while inquiring about his whereabouts and fired shots into
the air. Waltenegus has been in hiding since May. This incident marked
the second attack against Waltengus' family. In November 2008 kebele
officials and woreda police reportedly abducted Waltenegus and tied his
hands while he was herding cattle, searched his house without a
warrant, found an AEUP card, beat him with rifle butts, and threatened
to kill him if he did not stop accusing woreda police of torturing
persons.
In July 2008 at 6 p.m., reliable reports established that, police,
Bahir Dar City Administration, and kebele officials unlawfully searched
the house of Yeshi Tekle-Giorgis, resident of kebele 13 of Bahir Dar
town, following a disagreement with her landlord. The officials tried
to force her to vacate the house, but she told them she could not
vacate the house so late in the day. One of the police officers grabbed
her and allegedly tried to strangle her with the scarf she was wearing.
He then pushed her, and she fell down and fractured her arm. She
reported the case, but no action was taken against the police officer
who attacked her.
In November 2008, police and local militia reportedly searched the
house of Tiringo Mengist without a warrant, a resident of Tirch kebele
(Dejen wereda, Amhara region), and accused her of aiding and abetting
bandits. She denied the accusation, and one of the police officers
allegedly hit Tiringo with his rifle butt on her side while another
police officer repeatedly hit her with a club. She reported the abuse
to a local human rights organization. No action was taken against the
police officers.
All but three electronic communications facilities are state owned.
Political party leaders reported incidents of telephone tapping and
other electronic eavesdropping. In May a former employee of ETC, the
state-run monopoly telecom 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.
Security forces continued to detain family members of persons
sought for questioning by the government. Kebele officials have been
reported to go from house to house demanding that residents attend
ruling coalition meetings. Residents are not arrested or harassed if
they do not attend party meetings; however, those persons who do not
attend party meetings reportedly have difficulty obtaining basic public
services from their kebeles. Reliable reports establish that unemployed
youth who are not affiliated with the ruling coalition have trouble
receiving ``support letters'' from their kebeles necessary to get jobs,
and that unaffiliated poor residents have trouble receiving subsidized
wheat or other materials.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year fighting continued between government forces, including
government-backed and -affiliated militia, and the ONLF, an ethnically
based, nationalist, insurgent movement operating in the Ogaden area of
the Somali region, triggering widespread allegations of human rights
abuses by all parties to the conflict. Credible reports of human rights
abuses continued, including extrajudicial killings, torture, rape,
abductions, and arbitrary arrest by government soldiers. 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 low-
intensity armed conflict with the government. The regional conflict in
Somalia that began in late 2006 spread to the Somali region and,
allegedly fueled by support from the Eritrean government, resulted in
greatly increased armed activity by the ONLF, whose members share
ethnic ties with Somalis. During the year another insurgent group, the
United Western Somali Liberation Front (UWSLF), had a limited presence
in the region.
Since the military began significant counterinsurgency operations
in the Ogaden region in response to the April 2007 slaying of Chinese
and domestic oil exploration workers, the government has continued to
limit the access of diplomats, NGOs, and journalists to the Somali
region, citing serious security concerns. Human rights groups and
others asserted that the government denied access to the region to
prevent potential critics and observers from monitoring ENDF
operations. The government allowed some humanitarian access but
restricted the ability to investigate human rights abuses. Reports of
human rights violations largely have come from interviews with second-
hand sources or alleged victims who have fled the Somali region. NGO
personnel have been compelled by ENDF and regular police officials to
report ONLF activity and faced beatings and death threats from these
entities if they did not comply. Some villagers reported that local
authorities threatened to retaliate against anyone who reports ENDF
abuses.
Reliable sources reported increasingly violent ONLF attacks on
police and military elements during the year. Civilians, international
NGOs, and other aid organizations operating in the region reported that
both the ENDF and the ONLF were responsible for abuses and harsh
techniques used to intimidate the civilian population. Development
workers reported being frequently stopped for questioning by the ONLF.
However, ONLF fighters were reported to be generally supportive of
development efforts and encouraged development workers to continue
their work. The UWSLF, in contrast, had a more hostile attitude towards
development workers.
Killings.--There were several instances of killings in internal
conflicts.
In February government and rebel spokesmen reported that at least
45 persons were killed in a clash between the ONLF and the ENDF near
the towns of Fik and Degehebur.
Credible sources indicated that the Special Police Forces were
responsible for extrajudicial killings. In early July Special Police
Forces and ONLF fighters clashed between Degehabur and Kabsidakas, and
between 40 and 65 Special Police members were killed. The Special
Police reportedly killed two suspected ONLF members at Degehabur town
market.
In early June ONLF fighters attacked an Ethiopian Roads Authority
team, burning five vehicles and kidnapping 18 workers, of whom 13 were
later released; there was no information available on the remaining
five. In a clash on November 10, the ONLF reported that 985 government
soldiers were killed. The government denied the reports.
There were no developments in the March 2008 arrests of eight men
suspected of involvement in the 2007 ONLF attack on a Chinese-run oil
facility in the Somali region that killed 65 civilians and nine Chinese
nationals.
In November 2008 police forces attempted to force villagers from
Laare and Puldeng villages (Gambella region) 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 conflict resolution approaches facilitated by
elders were used to resolve the conflict. At year's end the government
had not responded to ONLF accusations that the ENDF killed 48 civilians
in Mooyaha village and six civilians in Galashe in the Ogaden region in
December 2008.
Abductions.--In September 2008 an unknown armed group kidnapped two
foreign staff members of the French NGO Medecins du Monde near Shilabo
town in the Somali region. On August 1, the two staff members were
released unharmed in Mogadishu.
Physical Abuse, Punishment, and Torture.--International rights
groups and NGOs reported that alleged unlawful killings, torture, rape,
abductions, and arbitrary arrests continued in the conflict zone in the
Ogaden. While there were numerous reports of human rights violations in
the conflict-affected areas, there were no successful attempts at
substantiating the reports due to lack of access to the region.
There were continued reports of violence against women. For
example, one ethnic Somali woman reported that she was gang-raped by
five Ethiopian soldiers in January near the town of Fik and that
Ethiopian troops routinely raped young women in her village.
Child Soldiers.--During the year the Somali Regional Security and
Administration Office increased recruitment of Special Police Forces
and local militias in conflict zones. Both government forces and
insurgent groups in Degehabur and Fik zones reportedly recruited
children as young as 14.
Other Conflict-Related Abuses.--During the year the government
loosened restrictions on the delivery of food aid from donor
organizations into the five zones of the Somali region in which
military activity was the most intense. Approximately 83 percent of
food aid reached beneficiaries, a significant improvement from the
previous year. Starting in January a group of international NGOs and
donors attempted to work with the Somali Regional Government to
establish standard operating procedures to ensure access to the region,
but no agreement had been reached by year's end. NGOs operating in the
region depended on permission from local militia and the ENDF to
deliver humanitarian assistance. Commercial traffic into these zones
somewhat increased.
The government restricted access of NGO workers and journalists to
affected areas. International journalists who entered the Somali region
without permission of the government were arrested or obliged to leave
the country. The government continued to ban the ICRC from the region,
alleging it cooperated with the ONLF. During the year, some
humanitarian groups reported roadblocks manned by insurgent groups who
occasionally briefly detained them. These same humanitarian groups
reportedly were interrogated by the ENDF on their encounters at the
roadblocks with the insurgents.
In January 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-CH property
and vehicle keys in Kebri Dehar, limiting its staff members' movement
to the town for three weeks. There was no judicial process or charges
filed in the cases. MSF-NL had partial access to the Ogaden region
during the year.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--While the constitution and law
provide for freedom of speech and press, the government did not respect
these rights in practice. The government continued to arrest, harass,
and prosecute journalists, publishers, and editors. The government
continued to control all broadcast media except three private FM radio
stations. Private sector and government journalists routinely practiced
self-censorship.
Government-controlled media mostly reflected the views of the
government and the ruling EPRDF coalition. However, live radio and
television broadcasts occasionally included televised parliamentary
debates and broadcast the views of opposition parliamentarians, as did
government newspapers.
Although some new, small-circulation newspapers were published
during the year, the number of private newspapers remained low.
Approximately 20 private Amharic-language and English-language
newspapers with political and business focuses were published, with a
combined weekly circulation of more than 150,000.
The government operated the sole television station and tightly
controlled news broadcasts. The broadcasting law prohibits political
and religious organizations or foreigners from owning broadcast
stations.
Foreign journalists and local stringers working for foreign
publications at times published articles critical of the government but
were subjected to government pressure to self-censor. During the year
some reporters for foreign media were subjected to intimidation and
harassment or threatened with expulsion from the country for publishing
articles critical of the government.
During the year the government convicted and sentenced journalists
for articles and reports in their publications. Journalists were
intimidated, harassed, arrested, and detained on charges of defamation
and threatening public order.
On April 16, 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 never disclosed.
On July 9, unidentified individuals beat Addis Neger journalist
Abraham Begizew, who was attempting to report on a disagreement within
the leadership of the Ethiopian Orthodox Church (EOC).
On August 24, Asrat Wedajo, former editor of the now-defunct weekly
Seife Nebelbal, was convicted in connection with a 2004 story alleging
human rights violations against ethnic Oromos. The Federal High Court
sentenced him to one year's imprisonment based on provisions of the
Press Proclamation of 1992, notwithstanding that a new media law had
superceded it in December 2008.
In February 2008 police arrested Al-Quds publisher Maria Kadi
Abafita, Al-Quds editor in chief Ezeddin Mohammed, and Salafia
publisher and editor in chief Sheikh Ibrahim Mohammed Ali following
their publication of articles critical of a Ministry of Education
directive on religious worship in schools. On July 27, the Federal High
Court acquitted Maria Kadi Abafita, fined Ezeddin Mohammed 10,000 birr
($800), and sentenced Ibrahim Mohammed to one year's imprisonment.
There were no developments in the March 2008 case of Dawit Kebede,
editor in chief of the weekly Awramba Times, who was accused by the
National Electoral Board (NEB) of violating the electoral regulations
by posting an advertisement for his newspaper on a poster promoting
EPRDF candidates for local elections.
There were no developments in the May 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 was also charged with threatening public
order. The magazine continued operating during the year.
In July the Federal High Court acquitted Addis Neger editor in
chief Mesfin Negash of the defamation charges against him. In July 2008
the EOC had sued Mesfin for defamation in connection with the
newspaper's reporting on an ongoing EOC embezzlement case. There were
no developments in the August 2008 cases of Dawit Kebede and Wosseneged
Gebrekidan, charged with inciting the public through false rumors for
publishing articles about the Ginbot Seven, an opposition political
group advocating change in the government by any means. Both were
released on bail.
In August 2008 two police officers, one from Addis Ababa and the
other from Gondar, arrested Amare Aregawi, editor in chief of the
Amharic- and English-language newspaper The Reporter, at his office.
The arrest was in connection with a private libel suit brought by the
Gondar-based, ruling-party-owned Dashen Brewery in response to a July
20 Reporter story on a labor dispute at the brewery. Amare appeared in
court on September 1 but learned there were no charges against him, and
the bail money was returned to him. The article's author, Teshome Niku,
appeared in court on July 30 and was released on bail of 300 birr ($29)
on August 1. Following his release, Teshome reportedly received
anonymous, threatening telephone calls and was beaten and intimidated
by unidentified persons in September 2008. In January a private
newspaper reported that Teshome fled to Kenya. The Dashen Brewery
manager filed defamation charges against Amare on August 13. The
Federal High Court 10th Criminal Bench ordered Amare to defend his
case. The case continued at year's end.
In October 2008 Amare Aregawi was attacked by civilian assailants
in front of his son's school. Three individuals who admitted attacking
Amare appeared at the Federal High Court and testified that they were
hired to attack him. Amare reported he suspected he was attacked by
agents of the government or those acting with government support who
were threatened by his paper's reporting on corruption. The trial
continued at year's end.
Several journalists remained in self-imposed exile, including
journalists detained following the 2005 elections but released in 2007.
On September 29, Ethiopian-citizen Washington Post reporter (based
in Addis Ababa) Kassahun Addis fled the country due to a credible fear
of persecution.
In July 2008 the parliament passed the Mass Media and Freedom of
Information Proclamation, published in the official Negarit Gazette in
December 2008. 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 crossmedia ownership,
grants the government unlimited rights to prosecute the media,
criminalizes defamation of public officials, increases defamation fines
to 100,000 birr ($8,000), 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 (formerly Ministry of Information--MOI) absolute
authority to regulate the media.
The MOI was dissolved in October 2008. The new Communication
Affairs Office reports directly to the prime minister. The Ethiopian
Broadcasting Authority (EBA) took over responsibility for press
registration and oversight from the dissolved MOI. All existing
newspapers and magazines were required to reregister with the EBA
during the year.
In February 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 positions of editor or deputy editor in the
respective media houses.
In June 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.
Regional governments censored the media during the year by
prohibiting NGOs and health centers from providing information to, or
allowing photography by, foreigners or journalists about malnutrition
caused by the drought.
The government used its licensing authority to indirectly censor
the media. On June 8, 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 High Court found that granting licenses to these
individuals would be tantamount to circumventing the 2005 High Court
ruling ordering the dissolution of the former companies.
On February 6, the Federal High Court dropped the monetary fines
levied against the same three publishers in July 2008 for a combined
amount of 300,000 birr ($24,000) in connection with their papers'
coverage of the 2005 elections. They appeared in court in December 2008
and delivered a written petition citing pardon law 395/2004, article
231/2, which stipulates that pardons granted to persons automatically
pertain to monetary penalties against them.
The government owned the only newspaper printing press and used its
monopoly position, inter alia, to regularly increase costs to
publishers.
In June 2008 Ayele Chamisso, chairman of the Coalition for Unity
and Democracy Party, filed charges against three private newspapers:
Addis Neger, Awramba Times, and the now-defunct Soressa. Ayele claimed
that the papers used his party's name for other groups. The editor of
Awramba Times, Dawit Kebede, appeared in court in November 2008 on
defamation charges and was released on bail of 2,000 birr ($160). He
appeared in court again in December 2008. In December Ayele Chamisso
asked the court to drop the charges against Awramba Times. The cases
against the other two newspapers were pending at year's end.
In December Addis Neger, an Addis Ababa-based weekly often critical
of government policies, ceased publishing following months of
government harassment. Three staff members of Addis Neger--Abiy Tekle
Mariam, Mesfin Negash, and Tamirat Negera--fled the country for fear of
arrest.
Internet Freedom.--The government restricted access to the Internet
and blocked opposition Web sites, including the sites of the OLF, ONLF,
Ginbot Seven, and several news blogs and sites run by opposition
diaspora groups, such as Nazret, Ethiopian Review, CyberEthiopia,
Quatero Amharic Magazine, Tensae Ethiopia, and the Ethiopian Media
Forum.
In early March the government lifted an Internet blockade on all
Ethiopian news Web sites and opposition Web sites. However, some Web
sites, including nazret.com, reported being blocked again soon after.
In August 2008 a release by the NGO Committee to Protect
Journalists (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 the CPJ was investigating the detention of The
Reporter editor Amare Aregawi. The Reporter also alleged blocking of
its Web site for four days during this time. CPJ's Web site was also
inaccessible at other times during the year.
As of March the ETC reported 42,707 Internet subscribers. Citizens
in urban areas had ready access to Internet cafes; however, rural
access remained extremely limited. Acccording to International
Telecommunication Union statistics for 2008, approximately 0.45 percent
of the country's inhabitants used the Internet. Mobile telephone text
messaging, which restarted in September 2007, remained available. The
number of mobile telephone subscribers reached 3.3 million.
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
discouraged political activity and association of any kind on
university campuses. Frequent reports continued of uniformed and
plainclothes police officers on and around university and high school
campuses. College students were reportedly pressured to pledge
allegiance to the EPRDF to secure enrollment in universities or
postgraduation government jobs. Non-EPRDF members were also reportedly
denied teachers' benefits, transferred to undesirable posts, and
restricted in 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 elementary and high school teachers from various parts of
the country complained that the government favored teachers who were
members of the EPRDF in job assignment, promotion, and professional
development opportunities. Teachers who were members of, or perceived
to support, opposition parties--particularly in Oromiya, Tigray,
Amhara, and the Southern region--reported being harassed and threatened
by local officials with losing their jobs if they continued such
support.
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. The government sometimes issued permits
to political parties to assemble in halls, but there were several
complaints that the government threatened hall owners not to rent out
halls to opposition political parties, effectively preventing them from
doing so.
Opposition political parties frequently reported during the year
that their supporters were targets of frequent and systematic
harassment and violence by government security forces. Regional
governments, including the Addis Ababa regional administration, were
reluctant to grant permits or provide security for large meetings.
On August 16, 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
several shouting participants who, according to the UDJ, were an
organized group of EPRDF supporters. Security guards did not attempt to
stop the disruption. The meeting was adjourned 15 minutes after it
began. The minister of communications announced that it was an illegal
act, and the government would launch an investigation; however, no one
was held accountable by year's end.
On August 30, the UDJ successfully held a town hall meeting in
Awasa, although the local administration forbade the UDJ to publicize
the event in advance.
Street demonstrations have been barred since 2005, but on April 16,
the UDJ held a peaceful public demonstration in Addis Ababa to protest
the rejailing of its chairperson, Birtukan Mideksa. Municipal
authorities authorized the demonstration, and local and federal police
coordinated security.
There were few attacks by police and militia against demonstrators,
since not many public assembly permits were issued and illegal
demonstrations were infrequent.
There were no developments in the 2008 beatings of Dejen town
residents who were protesting local officials' stalling of the
residents' application for use of nearby farmland.
There were no developments in the 2007 police shooting of two
demonstrators in Damot Weyde District.
Freedom of Association.--Although the law provides for freedom of
association and the right to engage in unrestricted peaceful political
activity, the government in practice limited this right. Opposition
parties received no government subsidies for their political activities
despite laws providing for them.
In accordance with the Charities and Societies Proclamation (CSO
law), adopted on February 13, civil society organizations (CSOs) are
required to reregister by February 2010 with the recently established
Charities and Societies Agency (CSA), under the authority of the MOJ.
Most observers questioned the newly established CSA's capacity to
register more than 3,000 CSOs by February 2010.
The Ministry of Foreign Affairs (MFA) screens applications for
international NGOs and submits a recommendation to the MOJ whether to
approve or deny registration.
The Ethiopian Teachers Association (ETA) has operated since 1967,
but in 1993 after the EPRDF took power, an alternate, pro-EPRDF ETA was
established. In 1993 the original ETA and the government-supported ETA
began 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 August 2008 the original ETA applied to the MOJ
for registration as the National Teachers Association, but was denied
registration.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice; however, local authorities and members of society
occasionally infringed on this right. The EOC and Sufi Islam are the
dominant religions; 80 percent of the population adhered to one or the
other faith. Religious organizations, like NGOs, must renew their
registration with the MOJ every three years. The EOC and the Ethiopian
Islamic Affairs Supreme Council (EIASC) did not reregister and did not
face government sanctions, prompting some religious groups to complain
of a double standard.
In accordance with the CSO law, religious organizations that
undertake development activities must register their development wings
separately as NGOs and follow the strict new guidelines of the CSO law.
Various religious groups seek the return of real property
confiscated from them by the government between 1977 and 1991. In Addis
Ababa and Oromiya, buildings that had been registered under federal
statutes have been returned; however, structures registered under
regional statutes were not returned.
Unlike previous years there were no reports of minority religious
groups reporting discrimination in the allocation of government land
for religious sites. Authorities continued to ban Waka-Feta, a
traditional animist Oromo religious group, because it suspected that
the group's leaders had close links to the OLF. Protestant groups
occasionally accused local officials of discriminating against them
when they sought land for churches and cemeteries. Evangelical leaders
charged that because authorities perceived them as ``newcomers,'' they
were at a disadvantage compared with the EOC and the EIASC in the
allocation of land.
On June 30, police in Dessie town (northeast Ethiopia) shot and
killed Mesfin Worku, Dawit Defaru, and Bizuye Hussein, who were among a
crowd demonstrating after being forced to stop unlawful construction of
a church at a site that Muslims claimed was their burial ground.
Several were injured in the ensuing violence. On July 7, the head of
the Dessie EOC Diocese Aba Gebreselassie was arrested on charges of
inciting violence. He was released on bail after seven days, and no
future court appointment had been scheduled. No one was charged in
connection with the three deaths. Orthodox and Muslim leaders in Dessie
blamed the government for its nonresponsiveness in resolving the land
dispute and for conveying conflicting messages to each side.
In December 2008 police opened fire at a public gathering near a
church in the southern city of Arba-Minch, wounding three individuals.
Police were reportedly attempting to disperse a crowd following a
disagreement between Orthodox priests. No arrests were made by year's
end.
Societal Abuses and Discrimination.--In most regions Orthodox
Christians and Muslims generally respected each other's religious
observances, and there was tolerance for intermarriage and conversion
in certain areas. However, there were some highly publicized religious
conflicts that heightened tensions and precipitated government
intervention. Some victims in these and other instances of religious
conflict sought protection from local authorities.
On January 8-10, a series of localized religious clashes in Dire
Dawa in the eastern part of the country left one dead and 20 injured.
In one neighborhood Muslim youth, reportedly angry about Israeli
attacks on Gaza, threw stones at Christian youth who were singing
religious songs in the street during the EOC Christmas holiday.
Christian youth retaliated by throwing stones at Muslims until police
intervened. These violent clashes spread from one neighborhood to
another.
The EIASC continued to express concern over the allegedly
increasing influence of Saudi-funded entities within the Muslim
community, which the EIASC blamed for exacerbating tensions between
Christians and Muslims.
On February 16-17 and April 23-24, the MFA held forums in each
regional state, which included representatives from local government,
security bureaus, and police commissioners, to build interreligious
understanding and resolve sectarian conflicts.
The Jewish community numbered approximately 2,000, and there were
no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the law provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, the government restricted some of these rights in
practice.
Throughout the year the government severely restricted the movement
of persons into and within the Ogaden area of the Somali region,
arguing that its counterinsurgency operation against the ONLF posed a
security threat (see section 1.g.).
The law prohibits forced exile, and the government did not employ
it. A steadily increasing number of citizens sought political asylum or
remained abroad in self-imposed exile, including prominent human rights
advocates.
In contrast to the previous year, the ICRC did not assist in the
repatriation of any Ethiopians from Eritrea or Eritreans from Ethiopia
because the government of Ethiopia canceled the only repatriation
operation scheduled during the year. In principle, most Eritreans
living in Ethiopia and Ethiopians of Eritrean origin who registered
with the government in 2009 received identity cards and six-month
renewable residence permits that allowed them to gain access to
hospitals and other public services.
Internally Displaced Persons (IDPs).--The conflict between
government and insurgent forces in the Ogaden area of the Somali region
resulted in the displacement of thousands of persons (see section
1.g.). During the year violent clashes between different clans, often
reflecting competition for scarce resources or disputes over
territorial boundaries, caused these displacements and resulted in an
estimated 248,700 IDPs, according to the UN High Commission for
Refugees (UNHCR), including an estimated 24,000 from the Gambella
region, 83,000 from Oromiya, and 107,000 from the Somali region. In
February more than 160,000 persons were displaced by conflict over land
between the Garre of the Somali region and the Boran of the Oromiya
region.
According to a Gambella Regional Government report, the 24,000 IDPs
in the Gambella region were from Lare, Itang, and Jor woredas. Reasons
for displacement included an attack by Murle people from across the
southern Sudanese border and infighting among the Nuer tribe.
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 is no coordination
mechanism and no government policy dedicated particularly to IDPs and
issues related to them. The DRMFSS mandate includes only assistance and
not protection, return, resettlement, or finding durable solutions, and
IDP issues are dealt with mostly on an ad hoc basis.
In July Menit Goldia and Menit Shasha 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 Institution 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 year's end 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 Southern Nations, Nationalities, and
People's (SNNP) region.
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 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 Ethiopia.
In April the government, in cooperation with the UNHCR, opened a
new refugee camp, Bokolmayo, northwest of the town of Dolo Odo near the
border with Kenya and Somalia, to accommodate new Somali refugees. The
capacity of this camp was 20,000 refugees, and it held more than 18,000
at year's end. Registration of new arrivals in Bokolmayo camp averaged
1,700 per month. The UNHCR and the government's Administration for
Refugee/Returnee Affairs also initiated discussions about opening a new
camp for Somali refugees, to be called Melkadidi, located approximately
36 miles from Dolo Odo (and 12 miles from Bokolmayo) and with a
capacity of 20,000 refugees.
As in the previous year, an average of 800 to 1,000 new Eritrean
refugees arrived monthly, while approximately 400 to 600 Eritrean
refugees departed monthly on secondary migration through Egypt and
Sudan to go to Europe and other final destinations. The UNHCR assisted
in the reception and transportation back to My Ayni of more than 150
Eritrean refugees who had been detained in Egypt and deported by the
Egyptian authorities.
The government required all refugees to 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. Such
permission was given primarily to attend higher education institutions,
undergo medical treatment, or avoid security threats at the camps.
During the year the government expanded its policy of providing greater
freedom of movement to some Eritrean refugees with family members
living outside of the camps. More than 600 urban refugees were
registered with the UNHCR and the government, most of them from
Somalia, Eritrea, and the Democratic Republic of Congo.
While some conflict continued between ethnic groups in the Gambella
region, this did not directly interfere with the UNHCR's refugee
protection activities.
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 UNHCR processed 764 refugees who departed for
resettlement abroad. In contrast to last year, interest in Sudanese
repatriation has waned, and the UNHCR and the government assisted the
safe, voluntary return of only 942 Sudanese refugees to their homes
during the year.
As in 2008, there were no allegations of government cooperation
with the government of Sudan in the forcible repatriation of Ethiopian
refugees.
On December 21, police entered Kebrebeya refugee camp and arrested
eight refugees. They turned the refugees over to the military who
transported the individuals to the village of Gilo, more than 18 miles
away from the camp. The military shot three of those arrested,
including one minor. The government told the UNHCR that the individuals
were IDPs, not refugees. When shown proof from the UNHCR database that
the individuals were indeed registered refugees, the authorities then
claimed they were Ethiopians posing as refugees. The UNHCR requested an
investigation into the killings.
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. There were no elections scheduled or conducted
during the reporting period. In practice the ruling EPRDF and its
allies dominated the government. In local and by-elections held in
2008, virtually all of the more than three million seats open at the
federal and local levels were taken unopposed by the ruling EPRDF and
allied parties. Prior to the vote, ruling party agents and supporters
engaged in coercive tactics and manipulation of the electoral process,
including intimidation of opposition candidates and supporters during
the period prior to the vote. Citing these obstacles, two leading
opposition parties withdrew from the elections shortly beforehand.
Elections and Political Participation.--The constitution provides
citizens the right to change their government peacefully and to freely
join a political organization of their choice; however, in practice
these rights were restricted through bureaucratic obstacles and
government and ruling party intimidation and arrests.
The April 2008 local and by-elections were the first nationwide
elections since the historic 2005 national elections, which ended in
heavy postelection violence and large-scale arrests. According to
domestic and international observers, the 2005 elections, in which the
EPRDF coalition won 372 of 547 seats, generally reflected the will of
the people and were an important step forward in the country's
democratization efforts. However, irregularities in 2005 marred polling
in many areas. For instance, observers reported vote count fraud,
improper handling of ballot boxes, and barring of party agents from
polling stations and ballot counts. Observers also reported killings,
disappearances, voter intimidation and harassment, unlawful detentions
of opposition party supporters, and bribery. Opposition parties accused
the NEB of ruling-party bias and of failing to address the complaints
it received. Following an ad hoc complaints resolution process, the NEB
decided to hold new elections in 31 constituencies in 2005; however,
opposition parties boycotted due to perceived flaws in the review
process.
Opposition parties made an unexpectedly strong showing in the 2005
elections, increasing their parliamentary representation from 12 to 172
seats and earning 137 of 138 Addis Ababa City Council seats. Despite
this, some opposition members refused to take their seats and instead
boycotted. Violent antigovernment protests then erupted in November
2005 and led to a government crackdown including arrests of several
dozen opposition leaders, journalists, and civil society group members,
as well as between 30,000 and 50,000 demonstrators. Most prisoners were
released in three months, but many prominent individuals spent almost
two years in prison, with an unknown number of individuals still in
custody at year's end. Military intervention also led to widespread
abuses such as arbitrary detention and killings.
In the 2008 local and by-elections polling went smoothly and
peacefully, and there were no postelection mass arrests or violence,
unlike in 2005. However, the preelection weeks and months were marred
by innumerable and credible reports of harassment, intimidation,
arrests, and killings of opposition party candidates and their
supporters, and incomplete compliance by the NEB with the Electoral
Law, prompting some of the major opposition parties such as the United
Ethiopian Democratic Forces (UEDF) and OFDM to boycott the election.
Ruling party, regional, federal, and NEB officials mostly denied these
incidents and, with few exceptions, neither rigorously investigated
such allegations nor otherwise sought to hold perpetrators responsible.
This climate, along with a dearth of opposition candidates,
contributed to starkly different election results from those in 2005.
Of the 3.6 million local and by-election seats open to be contested,
opposition parties won three: a federal parliament seat, an Addis Ababa
city council seat, and a Gambella town council seat. According to the
NEB, the EPRDF coalition took more than 3.5 million seats with the
remainder going to noncoalition but EPRDF-allied parties. For instance,
the EPRDF took 38 of 39 contested federal parliament seats and 137 of
138 Addis city council seats; this latter result was an exact reversal
of 2005. Prior to the 2008 local elections, the government
significantly increased the number of kebele council members. There can
now be up to 300 council members for urban kebeles and up to 100 for
rural kebeles.
The NEB reported a 93 percent voter turnout in the 2008 elections,
approximately 24.5 million of 26.3 million registered voters. However,
the government refused to allow foreign election observers and offered
no basis for its reported turnout.
Opposition parties fielded very few candidates in some regions.
This was due in part to widespread harassment of opposition candidates
and supporters as well as the delayed reopening of party offices in
2007, following forced closures after the 2005 elections. Together,
opposition parties were able to register only an estimated 16,000
candidates countrywide. For example, in one area of Oromiya where the
opposition won overwhelmingly in 2005, there were 60,955 EPRDF
candidates running against seven opposition candidates. Given a lack of
capacity, some opposition groups chose not to contest town seats and
instead focused on district and zonal seats.
In April 2008 the UEDF, a coalition of opposition parties from SNNP
and Oromiya regions, announced its withdrawal from the elections. This
followed their delivery to the NEB of a list of seven preconditions for
their electoral participation because of incomplete implementation of
the Electoral Law, including proper elections of poll observers, an end
to candidate harassment, and registration of all rejected UEDF
candidates.
The 2007 Electoral Law requires each polling station to have five
nonpartisan observers elected from the community, or approximately
200,000 election observers for the more than 42,000 polling stations.
There were, however, widespread reports that many of these poll
observers were instead appointed directly by the NEB from EPRDF
affiliates. The Electoral Law also allows NGOs to conduct either voter
education or election observation, but not both. While the Electoral
Law stipulates that election observers shall monitor the electoral
process, the NEB finally released its election observation guidelines
in February 2008, three months after voter registration commenced and
weeks after the conclusion of candidate registration. This came too
late for some NGO monitors, and others did not even request permission
to observe, due to a lack of confidence in the process. Still others,
such as EHRCO, simply did not receive an NEB response. In the end, the
NEB approved 11 domestic NGOs as observers.
During the 2008 elections, there were reports of closed voter
registration stations in pro-opposition rural areas and of prospective
voters advised to return the following day after walking two or more
miles. Opposition candidates also reported registration office closures
and fraudulent dropping of opposition names from NEB candidate
registration lists.
The EPRDF, its affiliates, and its supporters controlled 408 seats
in the 547-member House of People's Representatives and all seats in
the 112-member House of Federation, the upper house of parliament,
whose members were appointed by regional governments and by the federal
government.
The government policy of ethnic federalism led to the creation of
individual constituencies to ensure representation of all major ethnic
groups in the House of People's Representatives. Nevertheless, small
ethnic groups lacked representation in the legislature. There were 23
nationality groups in six regional states that did not have a
sufficient population to qualify for constituency seats; however, in
the 2005 elections, individuals from these nationality groups competed
for 23 special seats in the House of People's Representatives.
Additionally, these 23 nationality groups have one seat each in the
unelected, largely ceremonial House of Federation.
During the year the UEDF, 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 and intimidation of
landlords to force them to evict the political groups (see sections
1.d. and 3).
During the year some opposition political leaders, including
federal and regional members of parliament (MPs), were discouraged or
blocked from traveling to their constituencies to meet with supporters,
although others visited constituents without incident.
Credible sources report that on February 17, militiamen and
plainclothes police officers followed and harassed federal MP and OPC
member Major Mekonnen Geleta while he was visiting his constituency in
Guduru woreda. Militiamen reportedly told him that he had no reason to
visit the area and threatened to kill him if he returned. On February
18, Mekonnen left his constituency and took a bus to Shambu town.
Mekonnen reported that two militiamen, Shewle Shibeshi and Bedada
Shibeshi, followed him and rode the same bus. In Shambu town, Mekonnen
was followed by several police and militiamen.
There were 116 women in the House of People's Representatives, two
female judges on the 11-seat Supreme Court, and four women among the 35
state ministers.
Membership in the EPRDF conferred advantages upon its members; the
party directly owns many businesses and was broadly perceived to award
jobs and business contracts to loyal supporters. There were frequent
credible 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 OFDM and
the Oromo National Congress, the Oromiya Regional Government continued
to dismiss opposition party members--particularly teachers--from their
jobs.
There were many credible reports of ruling-party or government
harassment intended to prevent individuals from joining opposition
parties, registering their candidacies for elected office, or renting
property. In October and November, there were several credible reports
that the ruling EPRDF used humanitarian assistance to gain support for
the party by denying opposition political party supporters access to
humanitarian assistance, including relief food, public services, and
microfinance loans.
There were numerous reports of intimidation, harassment, abuse, and
detention of opposition candidates and their supporters. For example,
in March Getachew Teshale Kassa, federal MP and opposition party
member, fled the country after he reported being harassed, beaten, and
tortured by government security officials near the Awi desert, Amhara
region.
In early June UDJ party members Getahun Abdu Bushra, Mekonnen Abdu
Hida, Abdu Seid Amede, Mubarek Seid, and Girma Teshome in South Wello
zone, Amhara region, all alleged being harassed and beaten by local
authorities.
On July 4, Oromiya regional security officials beat university
student and OPC member Nimona Tuffa in a forest near Guder town (see
section 1.e.). The government did not investigate the case.
There were no developments in the 2008 beating of federal MP Gutu
Mulisa and suspected CUD supporter Bilisuma Shuge.
Registered political parties must receive permission from regional
governments to open and occupy local offices. There were, however,
widespread reports of opposition parties closing offices due to
intimidation and coercion by local officials. A common tactic reported
was to intimidate landlords into evicting their political party
tenants. For example, the Oromo National Congress had only one
remaining office, down from more than 100 in 2005, and AEUP had 29
offices, down from 280 in 2005.
Authorities often disrupted or unlawfully banned opposition-party
meetings.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the government did not implement these laws effectively. The
World Bank's 2008 Worldwide Governance Indicators reflected that
corruption remained a serious problem.
The MOJ has primary responsibility for combating corruption,
largely through the Federal Ethics and Anti-Corruption Commission
(Ethics Commission). A combination of social pressure, cultural norms,
and legal restrictions somewhat limited corruption. However, government
officials appeared to manipulate the privatization process, and state-
and party-owned businesses received preferential access to land leases
and credit.
Public officials were not subject to financial disclosure laws.
In February 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 federal MP Belete Etana Disassa published a testimony
alleging 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 ($200
million).
In February 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 ($126
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.
On December 24, the Federal High Court sentenced nine army officers
and Kolfe-Keranyo subcity officials of Addis Ababa from seven to 10
years' imprisonment and fines of 5,000 to 10,000 birr ($400 to $800)
for illegally possessing land worth more than 6.7 million birr
($532,000) for personal gains.
In 2008 the Ethics Commission accused eight high-ranking National
Bank officials of involvement in a gold scandal worth 158 million birr
($12.6 million). The Federal High Court ordered the defendants to
present their cases. The cases were pending at years' end.
The law provides for public access to government information, but
access was largely restricted in practice. The Press Law, passed in
July 2008, included freedom of information provisions, but it will not
take effect for two years.
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 government routinely refused to respond to queries from
the private press.
Government tenders were commonly discontinued after bids were
recieved, 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. Businesses
across the private sector reported allegations of preferential access
to credit, foreign exchange, relief from taxes and duties, and
government contracts for ruling party-owned firms or companies owned by
government loyalists.
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, although with significant government restriction,
investigating and publishing their findings on human rights cases. The
government generally was distrustful and wary of domestic human rights
groups and international observers.
Two of the most prominent domestic human rights organizations were
EHRCO and the Ethiopian Women Lawyers Association (EWLA). The
government routinely discounted EHRCO's reports, labeled it a political
organization, and repeatedly obstructed its activities on the ground.
EWLA's primary function was to provide legal representation for
disadvantaged women. These and numerous other groups mainly engaged in
civic and human rights education, advocacy, legal assistance, and trial
monitoring. However, the government neither shared information on nor
acknowledged the existence of human rights abuses.
On February 13, the government adopted restrictive legislation that
affected numerous civil society organizations. The Charities and
Societies Proclamation prohibits 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,
gender and religion; or conflict resolution or reconciliation. Since
nearly all CSOs that work in these areas relied on foreign funding, it
was likely that many would be unable to continue their activities once
the law was fully implemented in February 2010. Among the CSOs affected
were the two most prominent human rights organizations, EHRCO and EWLA.
While both were able to reregister in December, EHRCO closed six
offices by December and was operating with only its core staff. EWLA
reduced its work force from 60 to 13. In late June the leaders of EHRCO
and EWLA fled the country due to fear of persecution.
The government harassed individuals who worked for domestic human
rights organizations. For example, on June 1, Werebabo woreda officials
in South Wollo zone arrested EHRCO investigator Mulugeta Fentaw in
Bistima town. He was charged with stealing 200 birr ($16) and sentenced
to eight months in prison. On July 17, the zonal high court dismissed
the case (see section 1.d.).
The government generally cooperated with international
organizations such as the UN. During the year, 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.
The government continued to restrict Somali region access to the
ICRC, MSF, and other NGOs (see section 1.g.).
The government denied the ICRC 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 abuse allegations.
From May 3 to 7, state-owned Ethiopian Television broadcast a
three-part documentary claiming to refute cases of human rights abuses
documented by foreign observers. The MFA initiated an ostensible
``investigation'' conducted by the Ethiopian News Agency (ENA--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 EHRC investigates human
rights complaints and produces both annual and thematic reports. EHRC
released a report on prison conditions in December 2008.
The Office of the Ombudsman has the authority to receive and
investigate complaints with respect to misadministration by executive
branch offices. The office received hundreds of complaints this year,
mainly focused on delays or denials in services, improper institutional
decisions, promotions or demotions, and pension issues. The majority of
the complaints were from the Oromiya region. It is not known which
complaints were investigated or acted upon.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution (article 25) provides all persons equal protection
without discrimination based on race, nation, nationality, or other
social origin, color, gender, language, religion, political or other
opinion, property, birth, or status; however, in practice the
government did not fully promote and protect these rights.
Women.--The constitution (article 35) provides women the same
rights and protections as men. Harmful Traditional Practices (HTPs)
such as FGM, abduction, and rape are explicitly criminalized; however,
enforcement of these laws lagged. 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 shame, fear, or a victim's ignorance of legal
protections. The National Committee for Traditional Practices in
Ethiopia identified 120 HTPs. The 2005 Ethiopian Demographic and Health
Survey found that more than 74 percent of women and girls were
subjected to FGM, although the percentage was declining. 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 for which it 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 out of 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 of both years was
unknown.
Domestic violence, including spousal abuse, was a pervasive social
problem. The 2005 Demographic and Health Survey 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, 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 per the new
criminal code. Depending on the severity of damage inflicted,
punishment varies from small fines to imprisonment 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 temporarily suspended 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. Prior to 2008 the government established a deputy
commissioner of women's and children's rights in the EFRC.
Prostitution was legal for persons over age 18 and was commonly
practiced around the country; however, the law prohibits pimping and
benefiting from the prostitution of others. Persons engaging in
prostitution routinely reported that poverty was the principal reason.
Article 634 of the penal code (revised May 2005) stipulates ``whoever
for gain makes a profession of or lives by procuring or on the
prostitution or immorality of another, or maintains, as a landlord or
keeper, a brothel, is punishable with simple imprisonment and fine.''
Sexual harassment was widespread. The penal code prescribes 18 to
24 months' imprisonment; however, harassment-related laws were not
enforced.
The law sets the legal marriage age for girls and boys at 18;
however, this law was not enforced. For example, a 2006 Pathfinder
International study found that in the Amhara region, 48 percent of
women were married before the age of 15, the highest early marriage
rate in the country.
Limited access to family planning services, high fertility, low
reproductive health and emergency obstetric services, and poor
nutritional status and infections all contributed to high maternal
mortality ratio (673/100,000 mothers), according to the 2005
Demographic and Health Survey. Maternal health care services did not
reach the majority of women, and skilled birth attendants aided only 10
percent of births. The national average for prenatal care was 28
percent.
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 Tigrai and SNNP regions, 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 Beni Shangul-Gumuz regions had not passed
regional land laws.
In urban areas women had fewer employment opportunities than men,
and the jobs available did not provide equal pay for equal work.
Women's access to gainful employment, credit, and owning and/or
managing a business was further limited by their low level of education
and training, traditional attitudes, and limited access to information.
The Ministry of Education reported that female participation in
postgraduate programs increased from 20,418 in 2003 to 63,317 in 2007
due to the expansion of higher-learning institutions, awareness
trainings, and the establishment of gender offices in universities.
Children.--The constitution (article 36) 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.
According to the NGO Save The Children's 2008 annual report, in the
country there were approximately 11.3 million children without basic
health care, and 84 percent of children under five did not receive
basic health care.
Child abuse was widespread. Members of an NGO staffed 10 child
protection units in Addis Ababa's police stations to protect the rights
of juvenile delinquents and juvenile victims of crime. Some police
officers received training during the year on procedures for handling
cases of child abuse.
A study conducted by the African Child Policy Forum during the year
revealed that prosecuting offenders of 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 his 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 restrospective survey
indicated that 68.5 percent of girls surveyed had been sexually abused
and 84 percent had been physically abused.
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. Regional governments in
Amhara and Tigray ran programs to educate young women on issues
assocated with early marriage.
The majority of girls and women in the country had undergone some
form of FGM. Girls typically experienced clitorectomies seven days
after birth (consisting of an excision of the clitoris, often with
partial labial excision) and faced infibulations (the most extreme and
dangerous form of FGM) at the onset of puberty. The 2005 Health Survey
by the Central Statistical Agency reported that the number of girls and
women who had undergone FGM had decreased from 2000 to 2005 from 80 to
74 percent, while support for the practice among women had dropped from
60 to 29 percent. Additionally, a February 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 practioners of clitorectomy, with
imprisonment of at least three months or a fine of at least 500 birr
($40). 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.
Although illegal, the abduction of women and girls as a form of
marriage continued to be widespread in several regions, including the
Amhara, Oromiya, and SNNP regions, despite the government's attempts to
combat the practice. Forced sexual relationships accompanied most
marriages by abduction, and women often experienced physical abuse
during the abduction. Abductions led to conflicts among families,
communities, and ethnic groups. In cases of marriage by abduction, the
perpetrator did not face punishment if the victim agreed to marry the
perpetrator.
Child marriage was also a problem, particularly in the Amhara and
Tigray regions, where girls were routinely married as early as age
seven, despite the legal minimum age of 18 for marriage. There were
some signs of growing public awareness in communities of the problem of
abuse of women and girls, including early marriage.
The UN Children's Fund (UNICEF) estimated there were between
150,000 and 200,000 street children nationally, with a further one
million vulnerable or at risk of ending up on the streets. UNICEF
stated the problem was exacerbated because of families' inability to
support children due to parental illness and decreased household
income. These children begged, sometimes as part of a gang, or worked
in the informal sector. Government and privately run orphanages were
unable to handle the number of street children, and older children
often abused younger ones. ``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 4.6 million orphans in the country,
according to UNICEF. 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.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were reports that persons were trafficked from and
within the country. The law prescribes five to 20 years' imprisonment
for such crimes. The Ministry of Labor and Social Affairs (MOLSA), in
collaboration with the police, is responsible for monitoring
trafficking in persons, while the MOJ is responsible for enforcing laws
related to trafficking.
The country is a source country for men, women, and children
trafficked primarily for the purpose of forced labor and, to a lesser
extent, for commercial sexual exploitation. High unemployment, extreme
poverty, and the hope for better opportunities abroad drove migration.
Local NGOs estimated 30,000 to 35,000 persons were trafficked
internationally between March 2007 and March 2008. More women than men
were trafficked. Young women, particularly those ages 16 to 30, were
the most commonly trafficked group, while a small number of children
were also reportedly trafficked internationally.
Rural children and adults were trafficked to urban areas for
domestic servitude and, less frequently, commercial sexual exploitation
and other forced labor, such as street vending, begging, traditional
weaving, or agriculture; situations of debt bondage were reported.
Women were trafficked transnationally for domestic servitude, primarily
to Saudi Arabia and the United Arab Emirates, but also to Bahrain,
Djibouti, Kuwait, Lebanon, Sudan, Syria, and Yemen. Some of these women
were forced into the sex trade after arriving at their destinations.
Small numbers of men were trafficked to Saudi Arabia and the Gulf
States for low-skilled forced labor.
The government suspended travel for young women to Lebanon and
Syria after several women were tortured and killed. The government also
suspended the travel of young women to Qatar after diplomatic ties were
cut in April 2008.
On December 4, the government reported that 86 Ethiopian domestic
workers were repatriated from Lebanon with the support of the Ethiopian
consulate in Beirut and the government of Lebanon. Some of the
repatriated domestic workers were residing in Lebanon illegally after
their work permit expired, and the rest entered Lebanon illegally.
Addis Ababa's police Child Protection Unit (CPU) reported that
trafficking broker networks grew increasingly sophisticated and
collaborative. Traffickers began approaching vulnerable individuals at
bus terminals seven to nine miles outside of Addis Ababa to avoid
police presence. Traffickers sometimes used agents and brokers to lure
victims with false offers of jobs, food, guidance, or shelter. Cross-
country bus and truck drivers were involved in trafficking of children,
while brokers, pimps, and brothel owners finalize deals at the
receiving end.
Local brokers operated and recruited at the community level, and
many knew the victim or victim's family. To avoid police detection and
identification, local brokers did not advertise, often worked from
rented houses, cafes, or hotel rooms, and they changed places often.
Some brokers used commission-based facilitators who were trusted by a
potential victim's family to recruit victims.
The government's efforts to prevent international trafficking
increased, while measures to heighten awareness of internal trafficking
remained limited. It employed two predeparture counselors to brief
persons intending to work overseas, worked with NGOs and the
International Organization for Migration (IOM) to monitor immigration
and emigration patterns for evidence of trafficking, and supervised and
trained international labor migration firms.
In October Mebrat Beyene, head of diaspora affairs at the MFA,
reported that the government was working with the IOM and authorities
in Tripoli to secure the release of 200 Ethiopian nationals who had
been detained for two years in Libya. The detainees, some of whom were
trafficked, said that they were arrested in Libya en route to other
nations where they would seek work. At year's end the detainees had not
been released.
The government and its embassies and consulates provided little
assistance to victims of trafficking: limited legal advice, infrequent
temporary shelter, and no repatriation loans. Returning victims relied
on psychological services provided by NGOs and government hospitals.
The government accorded no special protections or restitution, and
it had very limited shelter provisions or other special services
benefits for victim returnees. In 2008 there were no reports of
trafficking victims being detained, jailed, or prosecuted for
violations of laws, such as those governing prostitution or
immigration.
While the government sustained its efforts to prosecute and punish
international trafficking offenders and initiated investigations of
internal child trafficking during the reporting period, no cases of
internal trafficking were prosecuted. In addition, law enforcement
entities lacked the institutional capacity to separate data on
trafficking cases from broader fraud cases. In 2008, the CPU at the
central bus terminal reported 899 cases of child trafficking to the
police, an increase over the previous year.
In June 2008 the Federal High Court sentenced a man to 15 years'
imprisonment and fined him 17,000 birr ($1,360) for illegally sending a
woman to Lebanon, where she was forced to work as a domestic servant
and was later thrown from a building by her employer. A second
defendant was sentenced to five years' imprisonment and a 5,650 birr
($452) fine for facilitating the same woman's trafficking.
A small number of local police and border control agents were
believed to accept bribes to overlook trafficking.
Persons With Disabilities.--The constitution does not mandate equal
rights for persons with disabilities. However, two recently passed 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
(no. 568), gazetted in March 2008, prohibits employment discrimination
on the basis on disability. It also states that employers are
responsible for providing appropriate working or training conditions
and materials to disabled persons. 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 (no. 624), gazetted in May,
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 adopted in February prohibits organizations receiving
more than 10 percent of their funding from foreign sources from
promoting the rights of the disabled. Several domestic associations,
such as the Ethiopian National Association of the Blind, the Ethiopian
National Association of the Deaf, and the 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, was the
largest. Although many groups influenced political and cultural life,
Amharas and Tigrayans from the northern highlands played a dominant
role. The federal system drew boundaries roughly along major ethnic
group lines, and regional states had much greater control over their
affairs than previously. Most political parties remained primarily
ethnically based.
The military remained an ethnically diverse organization at lower
levels; however, Tigrayans increasingly dominated the senior officer
corps both through preferential promotions and heightened attrition
among, and purges of, non-Tigrayans. There were occasional reports that
officials terminated the employment of teachers and other government
workers if they were not of the dominant ethnic group in the region.
Government, ONLF, and UWSLF forces were responsible for widespread
human rights abuses in the Somali region (see section 1.g.).
Several minority ethnic groups in the SNNP region (composed of more
than 50 minority ethnic groups) complained that the government took
measures to silence indigenous voices who protested the exploitation of
natural resources. On June 26, the regional State Justice Bureau of the
SNNP Region revoked the licenses and suspended the activities of 42
community-based organizations (CBOs) for engaging in activities outside
of 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 offend 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.
Ethnic conflict in the western, southern, and eastern areas
resulted in the death of hundreds and displacement of tens of thousands
of persons. For example, from November 7 to 11, 2008, a conflict over
cattle grazing land between residents of Derashe Special woreda and
Konso Special woreda (SNNP Region) resulted in the death of Dayat
Bongo. His body was mutililated by Konso residents. Nine others were
injured, and a large amount of property was damaged.
Following the incident, residents from Holte and Anota kebele
(Derashe woreda) accused residents of Keyama kebele (Derashe woreda) of
siding with the Konso residents. Anota kebele residents attacked Keyama
kebele residents from January 2 to 4; 18 persons were killed and 26
injured.
In February a conflict between the Borena (ethnic Oromos) and Gheri
(ethnic Somalis) tribes resulted in at least 600 deaths and the
displacement of more than 160,000 persons. The conflict initially began
as a dispute over the drilling of a borehole along the border between
the regions. Another conflict between the same two groups erupted in
early September, resulting in at least six deaths and 29 injured. The
conflict was caused by the construction of a school and veterinary
clinic on a contested piece of land.
On May 20, clashes between Oromo, Afar, and Argoba ethnic groups
left 14 dead and 18 severely injured.
There was no development in the February 2008 death from stabbing
of Zewdu Abate, allegedly due to ethnic tension.
In connection with a May 2008 conflict over land rights between the
Oromo and Gumuz ethnic groups in the Sasiga, Diga, Bumto Gida, and Limu
districts in the Oromiya region, federal and local police arrested a
reported 103 suspects, including the Benishangul-Gumuz regional vice
president. On August 24, the Federal High Court found 101 of the
defendants guilty of ethnic cleansing and acquitted two. A few days
later the same court sentenced six of the defendants to death and the
remaining 95 to prison terms ranging from six years to life.
In August zonal government representatives from the Benishangul-
Gumuz region complained to the House of Federation that federal
authorities were not doing enough to help contain conflicts in the
region.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexuality is illegal and
punishable by imprisonment. Instances of homosexual activity involving
coercion or involving a minor (age 13 to 16) are punishable by three
months' to five years' imprisonment. Where children under 13 years of
age are involved, the law provides for imprisonment of five to 25
years. 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 December 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. No action was taken on the resolution by year's end.
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 allowed this in
practice. However, the law specifically excludes managerial employees,
teachers, and civil servants (including judges, prosecutors, and
security service workers) from organizing unions. There was government
interference in trade union activities during the year. Under a
regulation passed in August 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 the Council of Ministers' regulation No. 157/2008, passed
in December 2008, the government sued the Workers' Association of the
National Bank of Ethiopia in the Federal High Court, claiming that the
bank was a nonprofit government agency and the labor union should be
dissolved. On February 19, 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.
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 350,000
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.
In 2008 the Supreme Court ruled that the independent Ethiopian
Teachers Association 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, and the
case remained pending at year's end.
In July 2008 employees of Shell Ethiopia demonstrated at the gate
of their head office, expressing disappointment with Shell's decision
to sell its interests in the country to Oil-Libya and demanding better
treatment. In November 2007 Shell Ethiopia's labor union filed a
lawsuit in the Federal First Instance Court alleging that Shell
Ethiopia illegally changed its retirement and severance packages to
save money on unemployment payments prior to a possible closure of
operations. The Confederation of Ethiopian Trade Unions intervened in
the dispute between the labor union and Shell Ethiopia and reached an
agreement that workers' full retirement and severance packages would be
transferred to the successor, Oil-Libya.
In 2008 top management of the state-owned Bole Printing Enterprise
disagreed with its trade union on worker compensation and terms of
termination of nine fired employees. In late December an ad hoc labor
advisory board composed of state ministers, representatives of the
employees, the Confederation of Ethiopian Trade Unions, and the
management of the enterprise found that both sides were at fault and
decided to reinstate the fired employees.
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 if 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 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 the case has not already been referred to a court or labor
relations board, workers retained the right to strike without resorting
to either of these options, provided they give at least 10 days' notice
to the other party and to the MOLSA 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.
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.--While the law
prohibits forced or compulsory labor, including by children, such
practices occurred (see sections 6 and 7.d.).
Courts could order forced labor as a punitive measure. Both adults
and children were forced to engage in street vending, begging,
traditional weaving, or agriculture work. Situations of debt bondage
also occurred in traditional weaving, pottery, cattle herding, and
other agricultural activities, mostly in rural areas. Forced child
labor occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws against child labor; however, the government did not
effectively implement these laws in practice, and child labor remained
a serious problem, both in urban and rural areas. Under the law, the
minimum age for wage or salary employment is 14 years; however, the
minimum age for employment was not effectively enforced. Special
provisions cover children between the ages of 14 and 18, including the
prohibition of hazardous or night work. By law children between the
ages of 14 and 18 are not permitted to work more than seven hours per
day, between the hours of 10 p.m. and 6 a.m., on public holidays or
rest days, or overtime. 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 Authority 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 the Amhara, Oromiya, SNNP, and Tigray regions
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.
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 out 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, engaged in activities such as
cattle herding, petty trading, plowing, harvesting, and weeding, while
other children, mostly girls, colleced firewood and fetch water. In
urban areas many children, including orphans, worked in domestic
services, often working long hours which may prevent them from
attending school regularly. Children in urban areas also worked in
construction, manufacturing, shining shoes, making clothes, portering,
directing customers to taxis, petty trading, and herding animals. Many
children believed they were unable to quit their jobs and feared
physical, verbal, and sexual abuse from their employers while
performing their work. 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.
Estimates of the population of street children varied, with
government estimates of approximately 100,000 and the UNICEF estimate
of 600,000. In Addis Ababa alone, there were an estimated 50,000 to
60,000 street children, according to the government, and 100,000
according to UNICEF. Some of these children worked in the informal
sector to survive.
The commercial sexual exploitation of children continued during the
year, particularly in urban areas. Girls as young as 11 reportedly were
recruited to work in brothels, often sought by customers who believed
them to be free of sexually transmitted diseases. Girls were also
exploited as prostitutes in hotels, bars, resort towns, and rural truck
stops. Reports indicated that some young girls were forced into
prostitution by their family members. 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 the
Oromiya and the SNNP regions to other regions of the country for forced
or bonded labor in domestic service.
Child labor issues are currently covered by the MOLSA, with limited
support from the Ministry of Women's Affairs and the Ministry of Youth
and Sports. Cooperation, information sharing, and coordination between
and among the ministries were poor. Courts are responsible for
enforcing 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 of child rights violation cases
was minimal.
To prevent child trafficking, a joint police-NGO child victim
identification and referral mechanism operates in the capital. The CPUs
in each Addis Ababa police station rescued and collected information on
trafficked children that facilitated their return to their families;
the CPUs referred 240 trafficked children to IOM and local NGOs for
care in 2006. The CPUs also collected data on rescued children to
facilitate their reunification with their families.
Internationally funded centers in Addis Ababa provided shelter,
medical care, counseling, and reintegration assistance to girls
victimized by trafficking. Other international NGOs provided assistance
to 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
($25); employees in the banking and insurance sector had a minimum
monthly wage of 336 birr ($27). According to the Office for the Study
of Wages and Other Remuneration, these wages did not provide a decent
standard of living for a worker and family. Consequently, most families
in the wage sector required at least two wage earners to survive, which
forced many children to leave school early. Only a small percentage of
the population was involved in wage labor employment, which is
concentrated in urban areas. Many young girls, often victims of
traffickers, migrated illegally to the Gulf States in search of
housekeeping work in order to assist families back home. Many of these
girls were subjected to inhumane living and working conditions, and
some have lost their lives. In an effort to prevent these situations,
the MOLSA continued to encourage illegal employment agencies to
register as legal organizations.
The Ethiopian labor law provides for a 48-hour maximum legal
workweek with a 24-hour rest period, premium pay for overtime, and
prohibition of excessive compulsory overtime. Although the government
did little to enforce the law, in practice most employees in the formal
sector worked a 40-hour workweek. However, many foreign, migrant, and
informal sector workers worked more than 48 hours per week.
The government, industries, and unions negotiated occupational
health and safety standards; however, the MOLSA inspection department
did not effectively enforce these standards, due to lack of resources.
Lack of detailed, sector-specific health and safety guidelines also
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 is a republic dominated by a strong presidency and the
Democratic Party of Gabon (PDG), which has held power since 1968. The
population is approximately 1.4 million. Former president Omar Bongo
Ondimba, who ruled the country for 41 years, died on June 8. His son,
PDG leader Ali Bongo Ondimba, was elected to a seven-year term on
August 30 and inaugurated on October 16. Irregularities marred the
election process. The PDG dominated the political arena and controlled
two-thirds of the seats in the National Assembly. Security forces
including the military answer to civilian authorities and, with few
exceptions, civilian oversight of the security forces was effective.
The country's human rights record remained poor. The following
human rights problems were reported: arbitrary killings by security
forces and ritualistic killings; use of excessive force, including
torture of prisoners and detainees; harsh prison conditions; arbitrary
arrest and detention; an inefficient judiciary susceptible to
government influence; restrictions on the right to privacy;
restrictions on freedom of speech, press, association, and movement;
harassment of refugees; widespread government corruption; violence and
societal discrimination against women, persons with HIV/AIDS, and
noncitizen Africans; 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.--There were
unconfirmed reports the government and its forces committed unlawful
killings. Most of these reports came in the weeks following the
presidential election. The government claimed three persons died in
Port Gentil during postelection riots. The newspaper l'Union stated
that at least six persons died. Opposition reports claimed much higher
numbers killed by government security forces suppressing the unrest.
Ritualistic killings occurred and generally went unpunished. For
example, in June a six-year-old girl was found mutilated in the
neighborhood of Petit Paris in Libreville. Two mutilated bodies were
found on the beach of Libreville: a 10-year-old girl who was found in
March whose clitoris and breasts had been removed, and a 37-year-old
man who was found mutilated in October. Authorities condemned the
killings but arrested no one for the crimes.
The Association to Fight Ritual Crimes (ALCR), a local
nongovernmental organization (NGO) dedicated to combating ritual
crimes, reported 11 persons positively identified as victims of ritual
crimes, including the examples noted above. Another eight cases were
likely but unconfirmed. The ALCR estimated at least double that figure
of ritual crimes occurred in the country but were not reported or were
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 of security forces beating prisoners and
detainees to extract confessions.
Unconfirmed reports from the African immigrant community asserted
that police and soldiers occasionally beat noncitizen Africans during
operations to identify and deport illegal immigrants. Refugees
continued to complain of harassment and extortion by security forces.
There were isolated reports that practitioners of certain
indigenous religions inflicted bodily harm and sometimes killed other
persons.
Prison and Detention Center Conditions.--Prisons were overcrowded,
and conditions were harsh. Food, sanitation, and ventilation were poor,
but basic medical care was provided. NGOs and private citizens
occasionally made contributions to augment prisoners' poor food
rations. During the year juveniles were held in their own facilities,
and pretrial detainees were held with convicted prisoners.
There were no known visits by human rights monitors to prisons;
however, there also were no reports that the government impeded such
visits.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but the government did not
always observe these prohibitions.
In Port Gentil, in the days following the presidential election,
there were numerous reports of extrajudicial incarcerations and
detentions.
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 law enforcement and public security;
the gendarmerie was also responsible for operating checkpoints.
Elements of the armed forces and the Republican Guard, an elite unit
that protects the president, sometimes performed internal security
functions. The police were inefficient, and corruption was a serious
problem. Security forces often sought bribes at checkpoints to
supplement their salaries. The Inspector General's Office was
responsible for investigating police abuse; however, impunity was a
problem.
Arrest 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 to initially
detain a suspect up to 48 hours without charge, but police often failed
to respect this time limit. Detainees usually were promptly informed of
charges against them; however, authorities often did not file charges
expeditiously and they detained persons arbitrarily, sometimes for long
periods. There is a functioning bail system, and conditional release
was possible after charges had been announced if further investigation
was required. Detainees were allowed prompt access to family members
and to their lawyer or, if indigent, to one provided by the state.
Members of the security forces continued to detain individuals at
roadblocks under the guise of checking vehicle registration and
identity papers. Security forces frequently used such operations to
extort money.
Pretrial detention, limited to six months for a misdemeanor and one
year for a felony charge, may be extended for six months by the
examining magistrate. Pretrial detainees have the right of free access
to their attorneys, and this right was generally respected. Detainees
have the right to an expeditious trial, but overburdened dockets
resulted in prolonged pretrial detention.
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 judicial system includes regular courts, a military tribunal,
and a civilian High Court of Justice. The regular court system includes
trial courts, appellate courts, and the Supreme Court. The
Constitutional Court is a separate body charged with examining
constitutional questions, including the certification of elections. The
Constitutional Court upheld and reaffirmed that the process for
succession following president Omar Bongo's death was constitutional.
In addition the court determined the succession of the interim
president and the extension of the 45-day period to select a new
president were constitutional, and it considered and ruled on formal
complaints regarding the conduct of the election.
The High Court of Justice is a nonpermanent special body composed
of professional magistrates. It is constituted by the government as
required to consider matters of security.
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 their decisions.
Trial Procedures.--The constitution provides the right to a public
trial and to legal counsel, and the government generally respected
these rights. Defendants are presumed innocent. Nevertheless, a judge
may deliver an immediate verdict of guilty at the initial hearing in a
state security trial, if the government presents sufficient evidence.
Defendants have the right to be present, have access to a lawyer--if
indigent, to one provided by the state--confront witnesses against
them, present witnesses or evidence on their own behalf, have access to
government-held evidence against them through their lawyer, and to
appeal. The government generally respected these rights. These rights
extend to all citizens.
A criminal tribunal is composed of one judge, two deputy judges,
and two jurors.
Political Prisoners and Detainees.--Politically motivated arrests
were usually rare; however, following the presidential election,
numerous credible reports of politically motivated detentions and
arrests became public.
International NGOs have not requested formal visits or reviews of
political prisoners in the last three years, but they are in principle
allowed access.
Civil Judicial Procedures and Remedies.--There was an independent
civil judiciary, but it was susceptible to government influence and
corruption. Corruption was also a problem in the enforcement of
domestic court orders. Administrative remedies were not generally
available.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, the government did not respect these prohibitions in practice.
As part of criminal investigations, police 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.
On September 2, the Telecommunications Regulation Agency suspended
telephone texting after well-known figures (and journalists) reported
receiving telephone text messages containing death threats. Texting was
again suspended with no explanation on October 13 in advance of the
inauguration of Ali Bongo Ondimba on October 15. Authorities restored
telephone texting on November 10.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the government
generally did not respect these rights in practice. Many citizens
hesitated to criticize the government for fear of losing their jobs.
Local journalists generally practiced self-censorship due to harassment
by the government. In one case in August, a political cartoonist was
detained and questioned for two days because he drew a series of
cartoons lampooning the PDG. The few opposition legislators in the
National Assembly openly criticized the government, but virtually no
citizen, journalist, or politician directly criticized former president
Omar Bongo. After the death of president Bongo, however, the media
engaged in a more open debate concerning the country's future and the
presidential election.
On September 1, five masked gunmen destroyed the transmitter of
satellite television station Go Africa with automatic gunfire. At the
time Go Africa was cobroadcasting for a station owned by independent
presidential candidate Andre Mba Obame. Mba Obame's television station,
TVPlus, had its broadcast cut off by authorities on election day on the
grounds it misused archival images in a program about former president
Omar Bongo Ondimba.
In September opposition supporters assaulted Patrick Bibang, a
reporter at Radio Africa No.1, as he was trying to make his way through
a large opposition demonstration.
On September 25, Albert Yangari, chief editor of l'Union, was
detained and held for questioning for several hours in connection with
postelection reporting on violence in Port Gentil.
On September 29, authorities arrested and detained political
cartoonist Pahe for three days for allegedly disparaging the country's
military in a cartoon.
On September 3, employees of Radio-Television Nazareth were
attacked outside the entrance of the national electoral commission in
Libreville by opposition supporters reacting to the announcement of Ali
Bongo Ondimba's election victory.
The only daily newspaper was the government-affiliated l'Union.
Approximately nine privately owned weekly or monthly newspapers
represented independent views and those of various political parties,
but most appeared irregularly due to financial constraints or, in some
cases, government suspension of their publication licenses. All
newspapers, including l'Union, criticized the government and political
leaders of all parties, but not the office of the president. Following
the death of Omar Bongo Ondimba, privately owned newspapers appeared
more regularly.
Foreign newspapers and magazines were widely available.
The government owned and operated two radio stations that broadcast
throughout the country. Much of their news coverage concerned the
activities of government officials, although editorials sometimes
criticized specific government policies or ministers. Seven privately
owned radio stations were operating at year's end. International radio
stations broadcast locally.
The government owned and operated two television stations. Four
privately owned television stations transmitted 24 hours a day.
Satellite television reception was available.
Libel can be either a criminal offense or a civil matter. The law
authorizes the government to initiate criminal libel prosecution
against persons for libeling elected government officials; it also
authorizes the state to criminalize civil libel suits.
The law stipulates penalties for libel and other offenses to
include a one- to three-month publishing suspension for a first offense
and a three- to six-month suspension for repeat offenses. Editors and
authors of libelous articles can be jailed for two to six months and
fined 500,000 to five million CFA francs ($1,100 to $11,000).
Internet Freedom.--There were no government restrictions on access
to the Internet or reports the government monitored e-mail or Internet
chat rooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. According to
International Telecommunication Union statistics for 2008,
approximately 6.2 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 law provide for freedom of assembly and association, and the
government generally respected these rights in practice prior to
president Omar Bongo's death. In the period following his death, the
presence of security forces became common in numerous well-trafficked
areas of Libreville. The government dissuaded large opposition groups
from assembling by not approving official requests to demonstrate and
by maintaining a large security presence throughout urban areas.
On August 7, an estimated 1,000 demonstrators led by opposition
leaders clashed with police at a rally calling for then-defense
minister Ali Bongo Ondimba to resign. The opposition leaders argued
Bongo Ondimba should step down from the government because he could use
his position to advance his own presidential campaign. The presidential
candidates attending the demonstration did so despite not having
official approval to demonstrate.
Opposition candidates were allowed to hold rallies during the two-
week official election period without interference.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right.
In practice the government allowed members of religious groups to
assemble, practice their religion, and proselytize.
In recent years some Protestant Christian denominations have
alleged government television stations accorded free broadcast time to
the Catholic Church but not to minority religious groups. Some critics
alleged the armed forces favored Roman Catholics and Muslims in hiring
and promotion.
Societal Abuses and Discrimination.--There was no significant
Jewish community, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the constitution and law
provide for freedom of movement within the country, foreign travel,
emigration, and repatriation, the government frequently restricted
these rights in practice.
The government granted refugee status or asylum and cooperated with
the Office of the UN High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees and asylum seekers.
There were no legally mandated restrictions on internal movement,
but the military, police, and gendarmes continued to stop travelers
frequently to check identity, residence, and registration documents, or
to demand bribes. Members of the security forces harassed expatriate
Africans working legally as merchants, service sector employees, and
manual laborers. Some members of the security forces extorted bribes
with threats of confiscation of residency documents or imprisonment.
Residency permits cost 150,000 CFA francs ($340) 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.
During September, after the riots in Port-Gentil, all opposition
candidates were forbidden by the minister of interior to leave the
country. The leader of the Rally for Gabon party, Paul Mba Abessole,
was directly prevented from traveling to Cote d'Ivoire on September 8.
Other opposition leaders cancelled plans to leave the country following
the government's prohibiting Mba Abessole from traveling. However, four
days after the announced ban on travel by opposition candidates, former
presidential candidate Bruno Ben Moubamba left the country without
obstruction.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol, and the
government has established a system for providing protection to
refugees. During the post-Omar Bongo Ondimba period, security forces
commonly set up roadblocks and checkpoints where vehicles were
searched. 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. However, refugees complained about widespread harassment,
extortion, and detention by security forces.
To reduce mistreatment of refugees, the government started
replacing UNHCR-issued identity cards with government-issued ones.
Steady progress continued on card issuance. Approximately 50 percent of
refugees in the country who qualified had been issued new cards by the
end of the year; an estimated 3,000 remained to be issued. This
program, in conjunction with a UNHCR-led information campaign, helped
reduce discrimination against refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens partially exercised this right in
practice through periodic and generally fair elections.
Elections and Political Participation.--On August 30, the
presidential election was held. This was the first election in 41 years
in which former president Omar Bongo Ondimba was not a candidate. The
election ballots listed 19 candidates. The election was marred by
irregularities. The announced election results, which indicated Ali
Bongo Ondimba had won the election with 41 percent of the vote, were
contested in the Constitutional Court by numerous opposition
candidates. Announced results indicated the two leading opposition
candidates each received approximately 25 percent of the vote. There
were numerous irregularities regarding voting lists, voter
registration, late opening polls, improperly secured ballot boxes, and
armed security personnel present in or near voting sites. On October
12, the Constitutional Court rejected a few hundred votes and validated
Ali Bongo Ondimba's victory.
In April 2008 local elections were held under the previous
administration to fill 1,190 municipal and departmental seats
throughout the country. The ruling PDG won overwhelmingly, taking 96
percent of the seats. The independent electoral commission reported
that only 25 to 30 percent of voters participated in the election, and
independent observers estimated that the actual abstention rate was
likely even higher. Polls did not open or close on time at several
polling places, and elections in a handful of constituencies had to be
rescheduled because of logistical and other problems. Approximately 70
candidates brought electoral challenges before the Constitutional Court
following the elections, and the court reviewed and ruled on all of the
contested seats by year's end.
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 to it by the president. The president 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 Ondimba in 1968.
Women participated freely in the political process. Women held
governmental positions from the ministerial level down and in all
branches of government. Voting and political activism by women was
common, and female voter numbers were increasing. There were six women
in President Ali Bongo Ondimba's cabinet.
Members of all major ethnic groups continued to occupy prominent
government positions; however, members of the president's Bateke ethnic
group and other southerners held a disproportionately large number of
key positions in the security forces.
Indigenous Pygmies rarely participated in the political process.
Section 4. Official Corruption and Government Transparency
Official corruption was widespread, and there was extensive media
coverage of police abuses, particularly at checkpoints.
The most recent World Bank Worldwide Governance Indicators
reflected that corruption was a severe problem.
The law makes official corruption an offense punishable under the
law with fines and possible incarceration. The Commission Against
Illegal Enrichment is the primary body responsible for combating
official corruption.
On March 2, the country ratified the African Union convention on
corruption deterrence. Throughout much of the year, the corruption laws
were rarely used. However, the president made anticorruption efforts a
major emphasis in the first months following his investiture.
New government initiatives reinforce laws regarding required
reporting by officials holding public office, obliging them to declare
their wealth within three months following appointment. The Commission
Against Illegal Enrichment may ask them to resign if they do not do so.
During the year the government instituted a National Day Against
Corruption (December 9) and launched a media campaign to raise public
awareness of the issue. At year's end the commission was carrying out
35 investigations, including 12 cases started during the year,
involving government officials.
The anticorruption commission required civil servants to disclose
their financial assets before assuming office; however, this
requirement was not always followed in practice.
The law does not provide for public access to government
information, and the government generally did not allow such access in
practice.
In October President Ali Bongo Ondimba recalled and ordered the
arrest of Philibert Andzembe, the governor of the Central Bank of
Central African States, on corruption charges. The government arrested
two other officials on the same corruption charges, although the
charges against one were dropped. The other accused individuals were
under house arrest at year's end. President Ali Bongo Ondimba's chief
of staff resigned amid corruption charges associated with the scandal.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Some local human rights NGOs and activists operated without
government restriction, investigating and publishing their findings.
Government officials took no known actions on their recommendations.
There were no reports of the government restricting the work of
international human rights and humanitarian NGOs, and the government
worked closely and effectively with representatives of the UN,
including the UN Children's Fund (UNICEF) and the UNHCR.
Local human rights NGOs included ALCR (combating ritual crime), Cri
de Femmes (women's rights), EBANDO (pygmy rights), AVOGAB (women's and
orphan's rights), Groupe Consience (promoting sex workers' rights),
Reseau de Defense des Droits Humains du Gabon (an association of human
rights NGOs), and others. The government did not hinder the work of
these domestic NGOs or restrict their right to voice their opinions.
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.--Rape is against the law and carries a penalty of between
five and 10 years' imprisonment; however, rape cases were seldom
prosecuted. Rape was widespread. Only limited medical and legal
assistance for rape victims was available. There are no provisions in
the law regarding spousal rape.
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. The government operated a counseling group to
provide support for victims of abuse.
Although it is illegal, female genital mutilation (FGM) was
believed to occur among the noncitizen Africans in the country;
however, there were no specific reports of such practices during the
year.
The law prohibits prostitution, and it was not a widespread
problem. Penalties for soliciting a prostitute include from six months
to two years' imprisonment and a fine of up to 1,068,221 CFA ($2,200).
Penalties for prostitution include jail for three months to one year
and fines of up to 240,000 CFA ($530).
There is no law that prohibits sexual harassment, and it was not a
widespread problem. The government and NGOs reported cases of female
domestic workers (often victims of child trafficking) who had been
sexually molested by employers.
The government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children.
During the year authorities repealed a parliamentary decree
prohibiting the use of contraceptives. However, access to
contraceptives was a problem, and many women had 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 guaranteed free childbirth services, but health
statistics from local NGOs, such as the Mouvement Gabonais Pour le Bien
Etre Familial, showed a high infant mortality rate of approximately 99
in 1,000 births. Maternal mortality was also high, with 500 deaths in
every 100,000 deliveries.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections. Local health NGOs and clinics reported
10 of 100 patients on average tested positive for HIV/AIDS.
The government offers limited access to social insurance to
vulnerable or impoverished citizens through the National Fund for
Health Insurance.
The law provides for equal rights and access for women in
education, business, investment, employment, credit, and pay for
similar work; however, women continued to face considerable societal
and legal discrimination, especially in rural areas. While poor women
frequently suffered discrimination, women among the educated urban
population were treated more equally. Women owned businesses and
property, participated in politics, and worked throughout the
government and in the private sector.
Regulation requires that a woman obtain her husband's permission to
travel abroad, although this regulation was very rarely enforced.
Written authorization by both parents is required for minor children to
travel outside the country.
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, but individuals frequently
complained of late or nonexistent registration. However, the great
majority of births were registered appropriately.
In general the government showed a commitment to children's rights
and welfare. It publicly expressed its commitment to youth; provided
13,000 academic scholarships during the year; and used oil revenues to
build schools, pay teacher salaries, and promote education, including
in rural areas. However, there were numerous reports of shortages of
classrooms and teachers in public schools. Education is compulsory
until age 16 and was generally available through sixth grade.
There was some evidence of physical abuse of children. There were
occasional reports family members sexually abused girls who had passed
puberty. When reports of abuse surfaced, accused abusers were arrested
and tried.
Although it is illegal, FGM was believed to occur among the
resident population of noncitizen Africans. Ritual crimes targeting
children occurred and usually involved the amputation of limbs,
genitals, or both. It is believed ritual crimes are tied to traditional
religious practices. The Ministry of Justice was carrying out a study
on ritual crimes, but in most cases ritual crimes were treated as
criminal killings.
The age of consent and for marriage is 15 years of age for girls
and 18 for boys. Child marriage is rare. The statutory rape law states
that 15 years is the minimum legal age for a minor (of either sex)) and
an adult to have sex.
Children in the large community of noncitizen Africans continued to
face serious problems, including child trafficking and other abuses.
According to the penal code, lewd pictures and photographs
``against the morals of society'' are outlawed. This law is used
against pornography of all kinds. Punishment for the possession of
pornography includes possible jail time from six months to one year,
fines up to 222,000 CFA ($460), or both.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were reports that persons, particularly women and
children, were trafficked to the country. Internal trafficking from
rural to urban areas occurred but remained difficult to quantify.
The law specifically prohibits child trafficking. The law
criminalizes all forms of forced labor with penalties from one to six
months and fines of 30,000 to 60,000 CFA ($65 to $130). Traffickers can
face conspiracy charges, with penalties from six months to two years.
No accurate statistics were available on the number of trafficking
victims in the country, although most trafficking victims were from
French-speaking West Africa (Cote d'Ivoire, Togo, Benin, and Senegal)
and Nigeria.
The police and an interministerial committee composed of
representatives from the labor, justice, foreign affairs, and family
ministries were responsible for combating trafficking. The government
also cooperated with UNICEF, the International Labor Organization, and
diplomatic missions in the country to address trafficking.
The country was a destination for child trafficking, with victims
trafficked primarily from Benin, Nigeria, Togo, Guinea, and Mali.
Smaller numbers were trafficked from Sierra Leone, Burkina Faso, and
Cameroon, although children were increasingly trafficked from other
countries as well. Most arrived by boat and were trafficked to
Libreville or Port Gentil. Boys were trafficked primarily for street
hawking and forced labor in handicraft workshops, while girls were
primarily trafficked for domestic servitude, forced market vending,
restaurant labor, and commercial sexual exploitation. Nigerian
children, in particular, were trafficked to the country to work in the
informal commercial sector as mechanics. Trafficked children generally
worked long hours, were subjected to physical abuse, received
inadequate food, and received no wages or schooling.
The law provides for prison sentences for traffickers of five to 15
years' imprisonment and fines from 10 million to 20 million CFA
($22,000 to $44,000). However, the government's antitrafficking law
enforcement efforts were mixed. The government made significant efforts
to comply with minimum standards for the elimination of trafficking,
including continuing its efforts to intercept and assist victims;
however, the government did not show progress in convicting offenders.
There were several arrests for trafficking offenses and, in some cases,
prolonged detention of suspects. However, prosecution was infrequent,
and the government did not report any trafficking convictions during
the year. In November President Bongo Ondimba named a new head to the
antitrafficking in persons court. Authorities required some suspected
traffickers to pay the cost of repatriating trafficked victims to their
countries of origin; however, the consequent absence of victims made
successful prosecution of traffickers more difficult. The government
assisted in cross-border trafficking prosecutions. The country is a
member of the Economic Community of Central Africa's multilateral
Cooperation Agreement to Combat Trafficking of Persons in West and
Central Africa.
Government agencies, in cooperation with UNICEF, provided care for
trafficking victims, in some cases through NGOs. The rights of labor
trafficking victims were generally respected. Welcome centers were
established for adult victims of trafficking; victims were no longer
housed in jails.
UNICEF and the government sponsored a toll-free 24-hour assistance
hotline for child trafficking victims, which arranged free transport to
a victims' shelter. A government-funded reception center offered
protection and assistance for trafficking victims, including food,
education, medical care, and repatriation assistance. A second center,
run by Carmelite nuns, provided similar services for older girls and
young women.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--There are no laws prohibiting
discrimination against persons with disabilities or providing for
access to buildings or services; however, there were no reports of
official discrimination against persons with disabilities. There was
some societal discrimination against persons with disabilities, and
employment opportunities and treatment facilities were limited.
Indigenous People.--Pygmies are the earliest known inhabitants of
the country. Small numbers of Pygmies continue 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
postindependence 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.--There is no law criminalizing
homosexual or transgender activity. Discrimination and violence
occasioned by homosexual and transgender conduct was not a problem.
Other Societal Violence or Discrimination.--There was considerable
discrimination against persons with HIV/AIDS. Local NGOs worked closely
with the Minister 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 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 giving eight days' advance notification and only after
arbitration fails. Public sector employees' right to strike is limited
if a strike could jeopardize public safety. The law prohibits
government action against individual strikers that 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 entire industries. Labor and management met to negotiate
differences, with observers from the Ministry of Labor. Agreements
negotiated by unions also applied to nonunion workers.
Discrimination on the basis of union membership is illegal.
Employers who are found guilty by civil courts of having engaged in
such discrimination may be required to compensate employees. Trade
unions in both the public and private sectors 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 export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
unconfirmed reports that such practices occurred. Forced child labor
occurred but was not a systemic problem. Boys were forced to work in
local handicraft workshops; girls were primarily trafficked for forced
domestic servitude, market vending, restaurant labor, and commercial
sexual exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although children below the age of 16 may not legally work without the
express consent of the Ministries of Labor, Education, and Public
Health, in practice child labor was a serious problem. According to the
law, fines between 290,000 CFA to 480,000 CFA ($640 to $1,060) and
prison sentences are appropriate punishments 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 years old worked in the formal wage sector; however,
child labor occurred in rural areas, where the law was seldom enforced.
Child prostitution occurred in the country.
An unknown number of children, primarily noncitizens, worked in
marketplaces or performed domestic work; many of these children were
reportedly 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. 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. Many victims of
trafficking were children brought to the country and forced to work.
Domestic servitude was a sector with an unusually high number of child
laborers trafficked into the country. The government took no notable
action to combat child labor.
e. Acceptable Conditions of Work.--The national monthly minimum
wage is 80,000 CFA ($172); government workers received an additional
monthly allowance of 20,000 CFA ($43) per child. Government workers
also received transportation, housing, and family benefits. The law
does not mandate housing or family benefits for private sector workers.
The minimum wage did not provide a decent standard of living for a
worker and family. The Ministry of Labor was responsible for enforcing
the minimum wage standards and, in general, it did so effectively.
The labor code governs working conditions and benefits for all
formal sectors and provides a broad range of protection to workers;
however, the government sometimes did not respect these protections.
According to the law, representatives of labor, management, and the
government are required to meet annually to examine economic and labor
conditions and to recommend a minimum wage rate to the president, who
then issues an annual decree. This procedure has not been followed
since 1994, partly because the government has been following a policy
of wage austerity recommended by international financial institutions.
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; supervisors
whose presence at the workplace is indispensable may also have hours
extended. The additional time ranges 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 retail, transport, dock
work, hotels and catering, housekeeping, guard services, other
security, medical establishments, domestic work, and the press.
The daily limit can be extended for urgent work to prevent or
respond to accidents. The additional hours are without limit on the
first day and two hours on following days. The general limit for
overtime is 20 hours per week.
Overtime compensation varies, since it is determined by collective
agreements or government regulations.
Companies in the formal sector generally paid competitive wages and
granted the fringe benefits required by law, including maternity leave
and six weeks of annual paid vacation.
The Ministry of Health established occupational health and safety
standards but did not enforce or regulate them. The application of
labor standards varied from company to company and between industries.
In the formal sector, workers may remove themselves from dangerous work
situations without fear of retribution.
The government reportedly did not enforce labor code provisions in
sectors where the majority of the labor force was foreign. Foreign
workers, both documented and undocumented, were obliged to work under
substandard conditions; were dismissed without notice or recourse; or,
especially in the case of illegal immigrants, were mistreated
physically. 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.
__________
THE GAMBIA
The Gambia is a multiparty, democratic republic with an estimated
population of 1.86 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 elections held in 2007, which were also
considered partially free and fair. While civilian authorities
generally maintained effective control of the security forces, there
were some instances in which elements of the security forces acted
independently.
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.
In March 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.
On April 3, 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. On October 18, 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, the BBC carried a series of reports on
so-called ``witchdoctors'' from Guinea, who abducted up to 1,000
villagers in the Gambia 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.
Officials in the police, army, and the president's personal protection
guard reportedly accompanied the Guineans, who were invited into the
country after the death of the president's aunt, which was attributed
to witchcraft, according to Amnesty International (AI). 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. On May 19, 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 governmental newspaper The Gambia
Daily.
During an April 6 address to the National Assembly, the 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.
There were no developments in the following 2008 cases of security
force torture and abuse: the March stabbing by members of the police
intervention unit of Amadou Sanyang; the June torture and beating of
five residents of Lamin Daranka during their arrest and transfer to
Yundum Police Station; and the torture over an 18-day period in
September by members of the police criminal investigation division of
Abdoulie Faye.
During his April trial for giving false information to a public
officer, former National Assembly member Musa Suso alleged that while
serving an earlier 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. On December 11, 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 30, the ECOWAS community court heard the case filed by the
MFWA against the government for the 2006 illegal detention and torture
of Musa Saidykhan, the editor in chief of the Independent newspaper.
Saidykhan, who lived 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.
During the trial, which was ongoing at year's end, 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. The trial was adjourned until February 2010.
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, there were no known prosecutions
in civil or military courts of security force members accused of
mistreating individuals during the year. At the closing ceremony of a
civil-military relations seminar in 2007, the chief of defense staff
publicly announced a zero-tolerance policy for military abuse of
civilians, and some reports indicated such abuse may have declined.
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; however, prior to conviction,
detainees were allowed to receive outside sources of food.
Prisoners at the Mile 2 Prison died during the year as a result of
poor food and inadequate medical care.
On March 6, Benedict Jammeh, the former police inspector general,
testified at Musa Suso's trial that inmates at Mile 2 Central Prison
were fed with meat that resulted in the deaths of several prisoners; a
committee of senior police officers subsequently confirmed the report.
On May 8, 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 pain, and
food poisoning.
Pretrial detainees were occasionally held together with convicted
prisoners. At year's end, there were 780 inmates in the country's
prisons.
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 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 actions 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 were often 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 promptly informed 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 that it no longer enforced the decrees; however,
there were several 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.
On November 21, security forces arrested former chief of defense
Lieutenant General Lang Tombong Tamba and six of his close associates
and friends. Those arrested were Brigadier General Omar Bun Mbye,
former military director of training and operations; Lieutenant Colonel
Kawsu Camara, commander of the military camp in the president's home
village of Kanilai; Captain Modou Lamin Bo Badjie, former NIA director
general; Commissioner Momodou Gaye, deputy inspector general of police;
private businessman and customs clearing agent Alhaji Kebba Touray; and
real estate developer Abdoulie Joof. All were held without charge
beyond the 72-hour limit. Kebba Touray, who was held at NIA
headquarters, was released on December 15; however, the other six
detainees remained in Mile 2 Prison without charge at year's end.
On December 30, NIA director Ousman Sowe was fired, 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 January 4, authorities released brothers Lamin Marong and Ebrima
Marong, who were arrested in 2008 and held for three months without
charge.
Bakary Gassama, the former financial director of the NIA, remained
in detention at year's end. In December 2008 Gassama was released after
three months in detention for alleged abuse of office, but was
immediately rearrested.
During the year Gideon Adeoye, who was arrested in December 2008
for allegedly ``spreading false information'' about the country's
military, was released.
Information surfaced on the incommunicado detention of four
citizens. On June 10, 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 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, was ongoing at year's end.
Backlogs and inefficiency in the justice system resulted in lengthy
pretrial detentions. Approximately 30 inmates in the prison system were
in pretrial detention, and some had been incarcerated for several years
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. On June 23, 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.
The judicial system consists of the Supreme Court, the Court of
Appeal, high courts, and eight magistrate courts. 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.
A judicial complaints board, chaired by the chief justice, heard
several complaints during the year; the board deals with
administrative, personnel, and case issues. Board members included the
attorney general, the interior minister, the inspector general of
police, the director general of the NIA, the master of the high court,
and the judicial secretary.
Trial Procedures.--The constitution and law provide for a fair and
public trial, and the judiciary generally enforced this right, although
frequent delays and missing or unavailable witnesses, judges, and
lawyers often impeded the process. Many cases were also delayed because
of adjournments designed to allow the police or NIA time to continue
their investigations.
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 courts-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 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, Shari'a, and general law.
Customary law covers marriage and divorce for non-Muslims, inheritance,
land tenure, tribal and clan leadership, and other traditional and
social relations. Shari'a was 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.
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 May 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. On July 29, 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 was reportedly
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 was also arrested
without charge in 2006, remained unknown at year's end. The government
denied Manneh was in its custody.
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 22 radio 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 Daily. The
privately owned Daily Observer favored the government in its coverage.
There were seven other independent newspapers, including one published
by an opposition political party that remained highly critical of the
government. There was one independent biweekly magazine.
One government-owned and nine private radio stations broadcast
throughout the country. During most of the year, the government-owned
Gambia Radio and Television Services (GRTS) gave limited coverage to
opposition activities. GRTS television rebroadcast CNN, while local
radio stations rebroadcast the BBC, Radio France Internationale, the
Voice of America, and other foreign news reports, 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 February 2, Pap Saine, co-proprietor and managing
editor of the independent newspaper 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 Prison and on the appointment of former minister Neneh
Macdouall-Gaye to an ambassadorship. The high court withdrew the charge
on July 29.
On March 8, police arrested Halifa Sallah, a former presidential
candidate and the publisher of the newspaper Foroyaa, for allegedly
trying to incite people 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.). On
March 19, the director of public prosecution announced that all charges
were being dropped ``in the interest of peace and justice.''
On June 15, 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. On June 18, the court charged the journalists with three
counts of sedition and seditious publication. On July 27, 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
($37,037); 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.
On June 22, reporter Augustine Kanjia of the Point newspaper was
arrested at Kanifing court for allegedly taking pictures of the six
journalists charged with sedition and defamation. On June 24, Kanjia
was released on bail
On August 6, 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 released the same day without
charge.
The trial of Today proprietor and editor Abdul Hamid Adiamoh,
arrested in July 2008 following the publication of a story about school
children who skipped classes to salvage scrap metal, was ongoing at
year's end; Hamid Adiamoh was charged with publication with seditious
intent.
Political activist Fatou Jaw Manneh, a foreign-based Gambian
journalist who was convicted in August 2008 on sedition charges,
departed the country after her family paid the 250,000 dalasi ($9,260)
fine.
Foreign missionaries David and Rachel Fulton, who in December 2008
pled guilty in a magistrate court in Banjul to advocating the violent
overthrow of the government, remained in jail at year's end serving a
one-year sentence with hard labor. The two also were fined 250,000
dalasi ($9,260) each, or in default to serve a further 18 months in
prison. The Fultons had been under surveillance by court order, and
were arrested in November 2008 for publishing ``negative articles'' and
sending ``negative letters'' about the country and its government to
individuals and organizations.
Journalist Lamin Fatty of the Independent newspaper, who in 2007
was convicted for publishing ``false news'' and fined 50,000 dalasi
($1,850), went into self-imposed exile early in the year. He appealed
his conviction, and the appeal was pending in the courts at year's end.
In some cases journalists from certain independent newspapers were
denied access to state-sponsored events and press conferences due to
official disapproval of their editorial stance.
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.
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 denied or 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 26 meeting in Serrekunda or an August 8 meeting in Bakau; the
August 8 meeting was conducted without police permission.
On October 24, Femi Peters, the UDP campaign manager, was arrested
after his party held a rally in Serrekunda without a police permit. On
October 26, Peters appeared in court on charges of ``control of
procession and control of loudspeakers.'' Peters refused to make a plea
in the absence of his lawyer, and the case was ongoing at year's end.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination based on religious affiliation,
belief, or practice.
There was no known Jewish community, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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, 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
in to 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.--The country is a party to the 1951
Convention Relating to the Status of Refugees and its 1967 Protocol but
maintains reservations on clauses regarding a number of refugee rights,
including the right to work. It is also a party to the 1969 African
Union Convention Governing the Specific Aspects of the Refugee Problem
in Africa. 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 December 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 approximately 6,500
Sierra Leoneans remaining in the country. The government also
facilitated the voluntary repatriation of 27 Liberian refugees.
Approximately 6,200 Senegalese refugees remained in the country
during the year, pending conclusion of the Casamance conflict in
Senegal. The UNHCR provided assistance with basic needs and services
and implemented livelihoods programs.
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 for a third term as president, winning approximately 67
percent of the vote. The main opposition political party, the UDP,
challenged the election results; however, the courts upheld the
election 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 five women in the 18-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 were 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 often spoke against corruption, and leading political
and administrative figures faced harsh sentences on charges of
corruption and wrongdoing. The financial intelligence unit, which was
established during the year, is responsible for combating corruption.
During the year the government prosecuted some officials accused of
corruption. For example, on November 6, 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.
On November 4, 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 on 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 was ongoing 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.
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, and the government enforced the law
effectively, although rape remained a widespread problem. The penalty
for rape of an adult is life in prison, and the maximum penalty for
attempted rape is seven years' imprisonment. The law against spousal
rape was difficult to enforce effectively, as many did not consider
spousal rape a crime and failed to report it.
Domestic violence, including spousal abuse, was a widespread
problem; however, it was underreported due to the stigma surrounding
such violence. There was no law prohibiting domestic violence; however,
cases of domestic violence could be prosecuted under laws prohibiting
rape, spousal rape, and assault. 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. 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
occurred.
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.
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 extensive 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, women generally were
employed in such pursuits as food vending or subsistence farming.
Shari'a law is applied in marriage, divorce, and inheritance issues
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. 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.
The constitution and law mandate free, compulsory primary education
from age six to 12, but the inadequate infrastructure prevented
effective compulsory education, and children paid fees to attend
school. During the year the government estimated that 75 percent of
children were enrolled in primary schools. Another 15 percent were
enrolled in the Islamic schools, called ``madrassas.'' Girls
constituted approximately 51 percent of primary school students and an
estimated one-third of high school students. The enrollment of girls
was low in rural areas, 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.
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.
On March 21, 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 August 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 acquitted.
Peter Paul Hornberger, a German national who was arrested in
November 2008 for ``indecent assault'' of an 11-year-old boy, remained
in prison awaiting sentencing at year's end.
The law does not prohibit FGM, and the practice remained
widespread. Between 60 and 90 percent of women have undergone FGM, and
seven of the nine major ethnic groups reportedly practiced it at ages
varying from shortly after birth until age 16. FGM was less frequent
among the educated and urban groups. Some religious leaders publicly
defended the practice. There were unconfirmed reports of 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.
On September 29, more than 30 National Assembly members attended a
seminar organized by the NGO Gambia Committee on Traditional Practices
Affecting the Health of Women and Children (GAMCOTRAP) on the harmful
effects of FGM. GAMCOTRAP said it was campaigning for a law banning
FGM.
In May 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. 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 required to turn away all minors who approached
the main resort areas without a genuine reason, although they seldom
turned away such children.
Trafficking in Persons.--The law prohibits trafficking in persons
for all purposes; however, persons were trafficked to, from, through,
and within the country. The government considered trafficking to be a
serious problem.
Due to its porous borders, the country was a destination for
victims internationally trafficked from West African countries, mainly
Senegal, Sierra Leone, Liberia, Ghana, Nigeria, Guinea Bissau, Guinea,
and Benin. Trafficking victims often were found in the greater Banjul
area and were used as street sellers, domestics, and sex workers. The
country was also a point of origin and transit for West African
trafficking victims destined for Europe.
The penalty for trafficking in children under the age of 18 is life
in prison. Enforcement of the children's act is the responsibility of
the various security services. The tourism security unit, a unit of the
national army created specifically to enhance security in the tourism
sector, is responsible for keeping minors out of resort areas. The
minimum prison term for trafficking an adult is 15 years; a substantial
monetary fine may also be imposed.
While the government had no established victim care and health
facilities for trafficked persons, the Department of Health and Social
Welfare provided temporary shelter and access to medical and
psychological services to reported victims of trafficking.
The government's trafficking taskforce, which included
representatives from government agencies, the UN Children's Fund, the
National Assembly, and the NGO Child Protection Alliance finalized a
national action plan for combating trafficking in persons in December
2008.
The Trafficking in Persons Act provides for a national
antitrafficking agency; however, it had not been established by year's
end. A dedicated officer for trafficking issues continued to operate at
the Department of Justice, and the Department of Health and Social
Welfare maintained a trafficking division. NGOs were active in raising
awareness about trafficking.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--Although the constitution protects
persons with disabilities against exploitation and discrimination, no
government agency is directly responsible for protecting persons with
disabilities. The Department of Health and Social Welfare dealt mainly
with supplying some persons with disabilities with wheelchairs received
from international donors. 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 government continued to remove many persons with disabilities
from the streets in an effort to end street begging, which it viewed 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 voting
day.
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. Many citizens shunned lesbian, gay, bisexual, and
transgender (LGBT) individuals.
In a March 27 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 May 2008 the president ordered all LGBT persons to leave the
country within 24 hours and threatened to cut off their heads. There
were no LGBT organizations in the country.
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 provides for care, treatment, and support to
persons living with, or affected by HIV/AIDS. The plan also protects
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 was ongoing during
the year as President Jammeh continued his controversial herbal
treatment program for the virus. 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 and police officers, as well as
other civil service employees, were 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 modern wage sector, where
unions were most active.
The government interfered with unions' right to strike. The law
allows for the right to strike, but it places restrictions on the right
by requiring unions to give the commissioner of labor 14 days written
notice 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, are 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 women and children were trafficked for
forced commercial sexual exploitation (see section 6.).
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 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. The tourist industry stimulated a high level of child
prostitution. Other sectors where children between the ages of 14 and
17 were known to work include carpentry, sewing, masonry, plumbing,
tailoring, and auto 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.
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.
e. Acceptable Conditions of Work.--Minimum wages and working hours
are established by law through six joint industrial councils, composed
of representatives from labor, management, and the government. The
lowest minimum wage according to law was 19.55 dalasi($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 on excessive
compulsory overtime. A 30-minute lunch break is mandated. Government
employees are entitled to one month of paid annual leave after one year
of service. Most government employees were not paid overtime. However,
government workers holding temporary positions and private sector
workers received overtime calculated per hour. Private sector employees
received between 14 and 30 days of paid annual leave, depending on
length of service. There was no exception for foreign or migrant
workers.
The law specifies safety equipment that an employer must provide to
employees working in designated occupations. The law also authorizes
the Department of Labor to regulate factory health and safety, accident
prevention, and dangerous trades, and to appoint inspectors to ensure
compliance with safety standards. Enforcement was inconsistent due to
insufficient and inadequately trained staff. Workers may demand
protective equipment and clothing for hazardous workplaces and have
recourse to the labor department. The law provides that workers may
refuse to work in dangerous situations without risking loss of
employment; however, in practice authorities did not effectively
enforce this right.
The law protects foreign workers employed by the government;
however, it only provides protection for privately employed foreigners
if they have a currently valid work permit. On April 3, the National
Assembly passed an amendment to the payroll tax act, which requires
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 is a constitutional democracy with a strong presidency and a
unicameral 230-seat parliament. The population is over 23 million. In
the December 2008 election, the opposition National Democratic Congress
(NDC) won both the presidency and a small majority in the parliament,
marking the country's second successful peaceful transition of power
between political parties. Domestic and international observers
determined that the election was generally free and fair. Professor
John Evans Atta Mills was inaugurated as president, and the new
parliament convened on January 7. While civilian authorities generally
maintained effective control over security forces, there were some
instances in which elements of the security forces acted independently
of government authorities.
There were deaths resulting from the excessive use of force by
police; vigilante violence; harsh and life-threatening prison
conditions; police corruption and impunity; prolonged pretrial
detention; forcible dispersal of demonstrations; corruption in all
branches of government; violence against women and children, including
female genital mutilation (FGM); societal discrimination against women,
persons with disabilities, homosexual persons, and persons with HIV/
AIDS; trafficking in women and children; ethnic discrimination and
politically and ethnically motivated violence; and child labor,
including forced child labor.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed political killings;
however, use of excessive force by security forces resulted in the
deaths of several criminal suspects and other persons during the year.
In July and August police in various jurisdictions shot and killed 15
suspected armed robbers. Police claimed self-defense to justify the
shootings.
In August 2008, two soldiers and a policeman were acquitted of the
2007 murder of a minibus driver in Suhum following his arrest. The
Ministry of Interior set up a committee to investigate the death. The
committee recommended compensation for the victim's family and
disciplinary action against the leader of the patrol team.
As in previous years, chieftaincy disputes resulted in deaths,
injuries, and destruction of property.
On February 4, two persons were killed in the Northern Region in a
land dispute between rival clans. In a separate incident in the same
region, one person died and 69 houses were burned on February 6 in a
dispute over ownership of a parcel of land. Police were called in to
restore order. At year's end there was no new information on these
cases.
On July 25, the Anloga chieftaincy dispute in the Volta Region
became violent when a mob broke into the chief's residence and burned
his property. One arsonist died. The 18 policemen called to the scene
were unable to prevent the riot.
In Bawku, in the Upper East Region, an ongoing chieftaincy and
ethnic dispute led to violent outbreaks in January, March, April, May,
June, September, and November. The violence caused an estimated 15
deaths, including the Bawku district director of the Commission on
Human Rights and Administrative Justice, and the destruction of
property. The military and police were deployed to the region and the
municipality was placed under curfew following the outbreaks. The
curfew fluctuated and in December was daily from midnight until 5:00
a.m. Sixteen persons were arrested on violence-related charges. At
year's end there was no new information on the cases.
In August two men were killed at the Kokomba Yam Market in the
Agbogbloshie section of Accra following clashes between rival ethnic
groups that have been locked in a chieftaincy dispute in the Northern
Region since 2002. In September an additional three persons were killed
as a result of the same dispute. At year's end there was no new
information on these cases.
Mob action sometimes led to deaths. In March a mob in Accra beat a
man for stealing a mobile phone. He died from injuries sustained trying
to escape.
In May a woman was beaten to death near her village of Viepe, in
the Volta Region, for allegedly stealing a piece of cloth.
On July 25, two suspected armed robbers were lynched by a mob in
Latebiokorshie, an Accra suburb. On July 29, a man was lynched in
Adisadel Estate, a suburb of Cape Coast. The motive was unknown.
In August one person was beaten to death by unknown assailants
after taking part in a demonstration against the detention by the
Bureau of National Investigations (BNI) of the former minister of
information.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that police beat and abused suspects,
prisoners, demonstrators, and other citizens. Severe beatings of
suspects in police custody reportedly occurred throughout the country
but largely went unreported in official channels. In many cases, police
denied allegations or claimed that force was justified by the
circumstances.
The many cases of police brutality leading to deaths during the
year led several NGOs, lawyers, and civil society organizations to
publicly denounce the tendency of police to use excessive force and to
call for the Inspector General of Police (IGP) to take action against
those responsible.
On January 2, military police shot and wounded a man while he was
riding a motorcycle with friends in a small coastal town. The man,
resident in a foreign country, was in Ghana for a visit. Police stated
that the bike was unregistered and was the type used by criminals. The
police launched an investigation. At year's end there was no new
information on the case.
In March the Paramount Chief of the Goaso traditional area in the
Brong Ahafo region ordered his men to beat with canes a 28-year-old
woman for not kneeling before him. When the victim reported the
incident to the police, the police refused to accept the complaint and
detained the victim and her mother without charges. They were later
released.
On August 8, in Osu, Accra police shot the 18-year-old son of a
former member of parliament in the leg outside a nightclub as he was
leaving the venue with friends. Police have not determined a motive for
the shooting. Two hospitals denied the victim medical treatment because
he did not have a police report, a prerequisite for treating such
cases. A third hospital treated him. At year's end there was no new
information on the case.
In November a video clip and still photos were released to the
media depicting military personnel in Bawku (Upper East Region)
interrogating and abusing two naked civilian suspects. Still photos
showed a soldier kicking a suspect and placing the tip of his gun in a
suspect's mouth. Earlier media reports accused the soldiers of
stripping the suspects and parading them through the township following
their arrest. The suspects were detained by military personnel for
alleged involvement in sporadic shooting in the Natinga area of Bawku.
According to the National Peace Council, the Military High Command
questioned the Bawku unit commander and launched an inquiry into the
incident.
In May nine persons were wounded in the Central Region in a
chieftaincy dispute clash.
On May 14, violence erupted in the Western Region as a result of a
dispute between two rival chiefs over the sale of a parcel of land. The
dispute was resolved when the land owner offered a second parcel of
land for sale.
Vigilante-style justice conducted by angry citizens and mobs
against suspected criminals and persons accused of witchcraft resulted
in deaths and injuries.
In February a mob of youths robbed and beat workers at a school
building site in greater Accra then burned the building in protest
against the construction of the school on a playing field.
Prison and Detention Center Conditions.--Prison conditions
generally were harsh and sometimes life-threatening. Much of the prison
population was held in buildings that were originally colonial forts or
abandoned public or military buildings, with poor ventilation and
sanitation, substandard construction, and limited space. Many prisoners
had to sleep on bare floors or take turns using beds. According to the
2008 Prisons Service Annual Report, 14,128 prisoners (average daily
lockup) were held in prisons designed to hold approximately one-third
that number. There were 276 female prisoners and 118 juveniles. It was
common for as many as 55 inmates to share a cell intended for 12.
Overcrowding contributed to the prevalence of communicable diseases,
medical facilities were inadequate, and the prisons supplied only the
most basic medicines. Prisoners relied on families or outside
organizations for additional food, medicine, and other necessities.
Shortages of food, bedding, clean water, and clothing for prisoners
persisted.
In September a delegation of the Commission on Human Rights and
Administrative Justice (CHRAJ), an independent government commission
that investigates human rights abuses, corruption, and abuse of power,
visited the Nsawam Medium Security Prison. The prison was built in 1960
to accommodate 717 inmates and now has a population of 2,883, including
1,549 prisoners awaiting trial. During the visit, the deputy director
of the prison said that the ``Justice for All'' program introduced in
2008, which was intended to accelerate the judicial process and ease
overcrowding in prisons, had resulted in the release of only 15
inmates.
Of the prisoners awaiting trial, police acknowledged that they were
not able to locate files for approximately 300 since at least 2007.
This ostensibly was due to the transfer and retirement of prosecutors
and investigators. The detainees were being held at Nsawam Prison while
prison officials, courts and the police rebuild the cases.
In 2008 107 prisoners died while in custody. The most common causes
of death were TB, HIV/AIDS, and liver failure. In May the Inspector
General of Police suspended two officers following the death of a 59-
year-old man who was in custody in the Tesano District following a
police raid looking for suspected criminals. Police promised an
investigation. The deceased's brother claimed that the victim was
arbitrarily arrested. In August a suspected drug courier died in the
police hospital in Accra after pellets of heroin in his stomach burst.
At year's end, there was no new information on these cases.
Pretrial detainees were held with convicted prisoners.
d. Arbitrary Arrest or Detention.--The constitution and law provide
for protection against arbitrary arrest and detention; however, the
government did not always observe these prohibitions.
Role of the Police and Security Apparatus.--The police, under the
jurisdiction of a 10-member Police Council, were responsible for
maintaining law and order. The military continued to participate in law
enforcement activities during the year. The Ghana Police Service is
within the Ministry of Interior. A separate entity, the BNI, handled
cases considered critical to state security and answered directly to
the Ministry of National Security. The police maintained specialized
units in Accra for homicide, forensics, domestic violence, trafficking
in persons, visa fraud, narcotics, and cybercrimes. However, there were
significant barriers to extending such services nationwide, including a
lack of office accommodation, police vehicles, and equipment outside of
the capital. In June the vice president criticized BNI agents for
failing to identify themselves before making arrests. The criticism was
based on complaints from members of the former government after the BNI
approached them for questioning. In September the BNI lost a court
appeal to keep the passport of a former foreign minister under
investigation for corruption. The former minister claimed that the loss
of his passport was a breach of his fundamental freedom of movement.
The former foreign minister was indicted on corruption charges in
October.
The police service was criticized repeatedly for incidents of
police brutality, corruption, and negligence. Impunity remained a
problem. Delays in prosecuting suspects, rumors of police collaboration
with criminals, and a widespread perception of police ineptitude
contributed to an increase in vigilante violence during the year. There
were also credible reports that police extorted money by acting as
private debt collectors, by setting up illegal checkpoints, and by
arresting citizens in exchange for bribes from the arrested persons'
disgruntled business associates.
Government officials stated that the policy of zero tolerance for
corruption applied to police and other security officials; however, low
salaries, which were sometimes not paid on time, contributed to the
tendency of individual law enforcement officials to demand bribes.
Officials of the Ghana Highway Authority (GHA) were accused of
extorting money from drivers to allow them to cross a major bridge with
overloaded vehicles endangering the structural security of the bridge.
In June six policemen including a deputy superintendent of police and a
chief inspector went on trial for robbing a businessman of 76,000.00
cedis ($53,000). In November the six policemen were found guilty and
each received a 20-year jail sentence. The 33-person Police
Intelligence and Professional Standards Unit (PIPS) investigated human
rights abuses and police misconduct. From January through September
PIPS received 883 new cases, compared with a total of 491 in 2008. The
investigation of 468 cases were completed, and 415 cases remained under
investigation. At year's end, PIPS was investigating 83 complaints of
harassment, unlawful arrest, and detention with human rights
violations, compared with 134 in 2008 and 149 in 2007.
Arrest Procedures and Treatment While in Detention.--The
constitution and law provide for protection against arbitrary arrest
and detention; however, the government did not always observe these
prohibitions. The constitution provides that a detained individual
should be informed immediately, in a language that the detainee
understands, of the reasons for the detention and of his or her right
to a lawyer and an interpreter at state expense. In most cases, lawyers
were assigned promptly, although there were instances of delays. The
law requires judicial warrants for arrest and provides for arraignment
within 48 hours. The law requires that a detainee who has not been
tried within a ``reasonable time'' as determined by the court be
released either unconditionally or subject to conditions necessary to
ensure that the person will appear in court at a later date. The law
also provides for bail. In practice, however, many abuses of these
rights occurred, including detention without charge for periods longer
than 48 hours, failure to obtain a warrant for arrest, and detention of
prisoners for indefinite periods by renewing warrants or by simply
allowing them to lapse while an investigation was conducted.
Police conducted anticrime patrols dubbed ``Operation Calm Life''
arresting individuals suspected of being criminals. Members of the
patrol which killed eight armed robbers in a shoot-out in Kumasi in
August received cash rewards from the Police Service. Authorities
routinely failed to notify prisoners' families of their incarceration;
such information often was obtained only by chance. The court has
unlimited discretion to set bail, which was often prohibitively high.
The court may refuse to release prisoners on bail and instead detain
them without charge for an indefinite period, subject to weekly review
by judicial authorities. On occasion, police also demanded money from
suspects as a precondition for their release on bail.
Lengthy pretrial detention remained a serious problem. According to
the Prisons Service's 2008 Annual Report, 30.5 percent of the prison
population was in pretrial status, down from 31.55 percent in 2007.
Detainees sometimes served more time in detention awaiting trial than
the sentence for the crime required.
CHRAJ reported that one inmate at Nsawam Prison has been in
detention for 17 years. In another case, a woman was granted bail in
January after 37 months in detention. A male arrested in the same case
was granted bail after six months. No further information was available
on these cases at year's end.
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).
The law establishes two basic levels of courts: the lower courts
and the superior courts. The lower courts consist of the circuit and
district courts, which also serve as juvenile courts and family
tribunals. These courts try civil cases involving 5,000 cedis ($3,500)
or less; and criminal cases for offenses punishable by a fine not
exceeding 1,000 cedis ($700), imprisonment for a term not exceeding two
years, or both. The superior courts consist of the Supreme Court, the
Appeals court, the High court, the Commercial court, regional
tribunals, and fast-track courts. Fast-track courts hear cases to
conclusion within six months. The majority of cases filed before the
fast track courts involved banking and commercial matters, human
rights, and defamation.
Members of the military were tried separately under the criminal
code in a military court. There were no military tribunals separate
from the military court system. Military courts were not permitted to
try civilians. Military courts provide the same rights as civil courts.
The Judicial Service has made efforts to mainstream alternate
dispute resolution (ADR) procedures in order to decongest the courts
and to address judicial inefficiency. Mediators have been trained
throughout the country to implement ADR and mediation desks have been
established in some district courts. An ADR secretariat was established
within the Judicial Service.
The Chieftaincy Act gives village and other traditional chiefs the
power to mediate local matters and enforce customary tribal laws
dealing with such matters as divorce, child custody, and property
disputes. However, the authority of traditional rulers has steadily
eroded because of a commensurate increase in the power of civil
institutions, such as courts and district assemblies.
A judicial complaints unit, headed by a retired Supreme Court
justice, addressed public complaints. During 2008 the unit received 416
complaints, of which 109 were resolved and 300 were 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.
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. The constitution
provides for the right to a fair trial, and the judiciary generally
enforced this right.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and citizens had access to a
court to bring lawsuits seeking damages for, or cessation of, a human
rights violation.
Fast-track courts and automated commercial courts continued to try
to improve access to justice and to streamline resolution of disputes.
A growing number of automated courts, whose proceedings were expedited
through electronic data management, were established across the
country.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, in practice the government sometimes infringed on privacy
rights. Although the law requires judicial search warrants, police
seldom obtained them in practice.
Opposition politicians claim they were harassed by government
institutions for partisan reasons.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the government generally
respected these rights in practice.
Individuals criticized the government publicly without reprisal.
The independent media were active and expressed a wide variety of
views without restriction.
There were an estimated 70 newspapers and almost 200 FM radio
stations across the country. The most wide-reaching print, radio, and
television outlets were state-owned.
There were at least eight reports that police arrested, detained,
or used excessive force against members of the media. On February 12,
two female sports journalists were assaulted by police while trying to
gain access to the players' dressing room following a football (soccer)
match. Both reporters had press credentials. On August 5, police
arrested and detained the regional editor of Metro TV, an independent
station, after he entered a court room to witness a rape trial. Police
had prevented him from filming the suspect the day before. The
journalist was released, and the police apologized.
On September 17, police briefly closed an independent radio station
in the Northern Region owned by a former vice president. The station
was closed in connection with a chieftaincy dispute after it broadcast
a press conference by the regent of a disputed territory. The regent
called the press conference to explain that he walked out of a recent
town hall meeting because he was made to sit with ``ordinary'' persons
while another chief was seated with government ministers. The regional
police commander ordered police to close the station. Station staff
were arrested and detained for several hours. The station was back on
air the following day.
In February the director general of the state-owned Ghana
Broadcasting Corporation gave a cease transmission order, thus cutting
of the broadcast of a live program following a complaint of bias
against the ruling NDC party made by the NDC communications chairman.
The panel of one NDC and two opposition National Patriotic Party (NPP)
members was discussing the president's state of the union address. The
director general stated that the composition of the panel was not in
the best interest of the station.
On April 11, an Upper East Regional correspondent for the Accra-
based newspaper The Chronicle was assaulted by supporters of the ruling
NDC for photographing party activity. They also destroyed his digital
camera. The editor in chief of Today, an independent anti-government
daily, reported receiving threatening messages on his cell phone. No
arrests were made or charges filed.
On May 28, a group of NDC supporters besieged a privately owned FM
radio station in the Brong Ahafo Region, attacking three persons and
vandalizing the station.
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 2008,
approximately 4.27 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; however, at times the government restricted this right. The
government does not require permits for demonstrations, but police can
deny use of a particular route.
In June police obtained a court order to prevent an antigovernment
demonstration from taking place on the grounds that they would not be
able to control the crowd. The demonstration was held peacefully in
August.
In October the Oda Youth Association in the Eastern Region planned
a demonstration to protest against the government for perceived neglect
of the district. According to the association, on October 26 they wrote
to the local police informing them of their intention to hold a
protest, but that evening the president of the group was called into
the regional BNI office and questioned about his plans. The next day,
the local police commander informed the Association that their
demonstration would be not be permitted.
At the end of the year, there was no progress on the 2007 case in
which police forcibly dispersed boycotting students at Takoradi
Polytechnic Institute arresting 64 in connection with the rioting. The
ban on campus demonstrations remained in effect, although it was not
further challenged by students. There was no more information available
on this case at year's end.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right in practice. Members of security forces 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.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Some Muslims claimed political and social exclusion because of the
pervasiveness of Christianity in many aspects of society. Factors such
as the frequency of Christian-oriented prayers in public settings and
the ubiquity of Christian slogans contributed to this perception of
marginalization and discrimination.
Muslim students generally enjoyed religious freedom in public
schools. However, despite official policies promoting free religious
practices, Muslim students complained that school administrators
occasionally failed to accommodate students' religious obligations when
regulating school attire or scheduling examinations on holy days.
Trokosi, a practice indigenous to the southern Volta region,
involves pledging family members, most commonly female teenagers, to a
period of service from a few months to three years at a local shrine.
Trokosis helped with the upkeep of these shrines and poured libations
during prayers. Government agencies, such as the governmental
Commission on Human Rights and Justice (CHRAJ), and some NGOs have at
times actively campaigned against Trokosi, although local officials
portrayed it as a traditional practice that was not abusive. Supporters
of traditional African religions, such as the Afrikania Renaissance
Mission regarded these campaigns against Trokosi as religious
persecution.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination based on religious belief or
practice; however, there were occasional reports of interreligious and
intrareligious friction during the year.
The Jewish community had a few hundred members. There were no
reports of anti-Semitic acts.
The government often took steps to promote interfaith understanding
during the year.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The law prohibits forced exile, and the government did not
use it.
The country is a party to the 1951 Convention relating to the
Status of Refugees and its 1967 protocol, the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa, the 1954 Convention on Stateless Persons and the 1961
Convention on the Reduction of Statelessness. 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. Its laws provide for the
granting of asylum or refugee status, and the government has
established a system for providing protection to refugees.
The government established the Ghana Refugee Board (GRB) to
adjudicate claims for refugee status and to ensure that refugees
receive all appropriate protections. The Office of the UN High
Commissioner for Refugees (UNHCR) participated as an observer on the
refugee board. The country cooperated with UNHCR and other humanitarian
organizations in providing protection and assistance to refugees and
asylum seekers. The law allows rejected asylum seekers to appeal and
remain in the country until the appeal is adjudicated; however, there
were some reports of delays in the appeal process. The minister
responsible for adjudicating appeals did not make a decision on any
appeals. The law also accords the right of protection to refugees who
entered the country illegally without documentation.
As part of the transition to a new government, the GRB was
dissolved in January. As of September, with the exception of a
chairman, new members of the board were nominated, but the new GRB had
not convened by year's end. While the GRB secretariat continued some
functions such as conducting refugee interviews, there were no board
meetings to adjudicate claims or confer refugee status.
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. The GRB and the UNHCR conducted interviews to
determine if any of the Sierra Leoneans remaining in Ghana qualified as
refugees based on an individual need for international protection. A
total of 134 individuals went through the process, and the GRB issued
decision letters to all concerned. Individuals who were rejected have
filed appeals to the minister of the interior.
Refugees enjoy freedom of movement within Ghana and were not
required to always carry identification. 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 have access to public primary
schools. Refugees in the Krisan camp, Buduburam settlement, and the
Volta region have been enrolled in the national health insurance scheme
(with funding from UNHCR), providing access to public health care.
Urban refugees have access to health care on a fee-for-service basis.
In March 2008 the governments of Liberia and Ghana, and the UNHCR
formed a tripartite committee to facilitate the safe and voluntary
return of Liberians. From April 2008 to March 31, the UNHCR, with the
support of the government of Ghana, facilitated the voluntary return of
9,294 Liberians. A UNHCR verification exercise concluded that 11,062
Liberian refugees remained in Buduburam. During the same timeframe, the
UNHCR facilitated the voluntary repatriation of 4,383 Togolese. Some
1,200 refugees of various nationalities remained in the Krisan camp,
4,000 Togolese refugees and asylum seekers remained in the Volta
region, and 1,600 lived in greater Accra. Some 3,000 Liberian refugees
and asylum seekers resided outside the Buduburam settlement.
During the year the UNHCR conducted an exercise to verify the
number and nationalities of the refugees and asylum seekers residing in
urban areas. Sexual and gender-based violence remained a problem among
refugee populations. The physical insecurity of refugees living in
camps contributed to their vulnerability. In the Buduburam settlement,
one case of defilement and 23 domestic violence cases were reported to
the Women's Initiative for Self-Empowerment (WISE), UNHCR, and the
police during the year. The survivor of the defilement could not
identify the perpetrator, so no arrest was made. No prosecutions were
initiated in any of the domestic violence cases.
In June a man was convicted of sodomizing a child in 2007 and
sentenced to five years' imprisonment. With the support of the UNHCR,
the police force opened a police post on the Buduburam settlement in
July. In the Krisan refugee camp six cases of physical child abuse and
three of domestic violence were reported. One of the defilement cases
reported in 2008 had been referred to the district court last year and
was still pending.
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.--After two unsuccessful bids
for the presidency, John Evans Atta Mills, the NDC party candidate, was
inaugurated as president in January following a narrow victory over the
NPP candidate, Nana Akufo-Addo, in December 2008. The December 2008
elections also gave the NDC 115 seats, the NPP 108, minor parties
three, and independents four seats in the new parliament. The December
2008 elections were generally peaceful and transparent. Activities at
polling stations were observed by party agents and thousands of
domestic and international observers. There were reports in some areas
of voter intimidation and election irregularities, particularly in the
regions of the country where the two main parties have their bases of
support. However, the consensus of observers and the independent
Electoral Commission was that these irregularities were insufficient to
have altered the outcome of the election.
During the preelection period there were some incidents that
involved violence. In September 2008 there were violent clashes in
Gushiegu District in the Northern Region between NPP and NDC supporters
when they attempted to erect campaign flags in the same location. The
clashes resulted in six deaths and the burning of houses and vehicles.
Also in September 2008 an NPP rally in Tamale was disrupted by gunfire,
forcing the party's vice presidential candidate to flee. The incident
led to attacks on NDC supporters returning from their own rally, and in
the destruction of houses and vehicles.
In August 2008 the Electoral Commission conducted an exercise to
update the voter registry, generally for persons who had turned 18
since the last update in 2006. The exercise was marked by long lines
and shortages of registration materials. Media reports and accusations
by political party representatives described efforts to register
underage persons and to transport persons into areas to facilitate
multiple registrations. In October 2008 the Electoral Commission (EC)
published revised voter lists with duplicate names removed, and allowed
public review in each constituency of the revised list.
There are no laws preventing women from voting or participating in
political life on the same basis as men, but traditionally, women have
much less access to leadership positions than men. There were 20 women
in the 230 seat parliament, and 38 ministers of whom eight were women.
There were four women in the cabinet, and five women on the Supreme
Court.
There are no laws, cultural or traditional practices that prevent
minorities from participating in political life on the same basis as
other citizens. According to the 2000 Population Census, Ghana has more
than 80 ethnic groups, each of whom constitutes a minority. For
example, the Ashanti were the largest ethnic minority with 14.8 percent
of the total population.
Section 4. Official Corruption and Government Transparency
Corruption in the executive, legislative, and judicial branches
continued to be a problem. The law provides criminal penalties for
official corruption; however, the government did not implement the law
effectively, and officials frequently engaged in corrupt practices.
CHRAJ was charged with investigating alleged violations of human
rights, including corruption of public officials, and taking action to
remedy proven violations. The attorney general, the minister of
justice, and the Public Prosecutor's Office were responsible for
combating corruption. Parliament's Public Accounts Committee is also
responsible for auditing government spending. An auditor general
reviews public sector accounts. The Serious Fraud Office is an
independent government body that investigates corruption. Officials
were subject to a financial disclosure process, but their responses
were not available for public review. The World Bank's most recent
Worldwide Governance Indicators (2008) reflected that corruption was a
problem.
President Mills has stressed the need to combat corruption. Soon
after taking office, the minister of youth and sports, Alhaji Mohammed
Muntaka Mubarak, was forced to resign after being accused of misuse of
public funds. In October two ministers were forced to resign following
allegations that they had accepted bribes from a British company during
the 1990s. Also in October the former minister of foreign affairs and
former chief executive of the National Investment Bank were indicted on
corruption charges for activities that occurred during the previous
government. There were reports that government officials pressured
businesses to steer contracts toward favored companies and individuals.
In July a presidential commission was established to investigate
the activities of the former government's Ghana@50 Secretariat due to
allegations of corruption. To date the commission has taken evidence
from more than 200 witnesses, including suppliers, contractors,
consultants, and officials involved in the celebration of the country's
50th anniversary of independence in 2007. The investigation continued
at year's end.
Law enforcement authorities prevented the former minister of
information from travelling abroad on the grounds that he was under
criminal investigation for abuse of office for failing to follow proper
procurement procedures when hiring his sister-in-law's firm to remodel
his office at the ministry.
In September and October the Metropolitan Oversight Committee of
the Governing Council of the National African Peer Review Mechanism
conducted a study in which 83.5 percent of respondents said that
situations in which people paid bribes for justice had not improved.
Seventy percent of respondents said judicial decisions were unfair.
The constitution provides for public access to government
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
were generally cooperative and responsive to their views.
Major local human rights NGOs acted independently of the government
and political parties. The government does not apply any restrictions
on domestic NGOs, although all must be registered with the State. The
registration process is the same for all organizations.
The government did not refuse visas to international human rights
observers or otherwise restrict access to the country.
The government cooperated fully with a range of United Nations
organizations in country.
CHRAJ mediated and settled cases brought by individuals with
grievances against government agencies or private companies.
CHRAJ operated with no overt interference from the government;
however, some critics questioned its ability to independently
investigate high-level corruption. 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
nongovernment agencies. However, public confidence in CHRAJ was high,
resulting in an increased workload for its staff, whose salaries were
often delayed due to a chronic lack of resources and administrative
issues.
Human rights issues were addressed in the 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 by
authorities was generally inadequate. Limited financial resources and a
generally permissive societal attitude toward such discrimination
contributed to its perpetuation. The courts were empowered to
specifically order enforcement of these prohibitions.
Women.--The law criminalizes rape but not marital rape. 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
(FIDA), the Legal Aid Board, and several other human rights NGOs to
combat domestic violence. From January through September, DOVVSU noted
283 reports of rape, with 136 reported arrests leading to 57
prosecutions resulting in five convictions, and 217 uninvestigated
cases. Convicted rapists may be punished with jail sentences ranging
from five to 25 years. There were also 858 defilement cases. DOVVSU
investigated 5,458 cases of nonmaintenance.
Although the law prohibits domestic violence, it continues 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. In addition to imposing a fine or a prison term, the
court may order the offender to pay compensation directly to the
victim. Aggravated assault is tried under a separate law. However,
prosecution of domestic violence cases remained difficult. Despite
growing public awareness that domestic violence was a crime, government
officials and NGOs did not have evidence that the new law had increased
victims' willingness to report abuse or affected the number of arrests.
Inadequate resources and logistical capacity in DOVVSU and other
agencies, as well as only partial implementation of the Domestic
Violence Act, hindered the full application of the law during the year.
In many cases, victims were discouraged from reporting abuse and from
cooperating with prosecutors because of long delays in bringing such
cases to trial. Victims frequently did not complete their formal
complaints because they could not afford the fees that doctors charged
to document the abuse in police medical forms. Although the law waived
these medical fees, doctors continued to require them in exchange for
signing medical reports. There were credible reports that doctors
sometimes charged more than the rate set by hospital administration to
sign medical forms.
Unless specifically called upon by DOVVSU, police seldom intervened
in cases of domestic violence, in part due to a lack of counseling
skills, shelter, and other resources to assist victims. Statistics were
not available on the number of abusers who were prosecuted or convicted
during the year.
In the Northern, Upper East, and Upper West regions of the country,
where belief in witchcraft remained strong, rural women were banished
by their families or traditional village authorities for suspected
witchcraft. Most accused witches were older women, often widows, who
were identified by fellow villagers as the cause of difficulties, such
as illness, crop failure, or financial misfortune. The banished women
went to live in ``witch camps,'' villages in the north of the country
populated by suspected witches, some of whom were accompanied by their
families. Catholic Relief Services and other NGOs provided food,
medical care, and other support to residents of the camps. Government
officials and the regional office of CHRAJ claimed that the number of
women in the witch camps in the Northern Region had decreased slightly
in recent years.
Although there were no confirmed reports of assaults on witches
during the year, experts believed that discrimination and intolerance
towards witches continued.
Prostitution is illegal and is subject to criminal prosecution.
Prostitution was prevalent in the major towns and transportation
centers. In July police destroyed Soldier Bar, a well known brothel in
Accra, as part of the mayor's efforts to improve living conditions in
the city.
There were no laws to specifically protect women from sexual
harassment; however, some sexual harassment cases were prosecuted under
the existing criminal code. Women's advocacy groups reported that
sexual harassment remained a problem.
Policy allows couples and individuals to freely decide on the
number, spacing and timing of pregnancies. In 2008 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 using a modern contraceptive method. The fertility
rate averaged four children per woman.
The use of antenatal care for pregnancy and delivery was high, with
more than 75 percent of pregnant women having four or more antenatal
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 antenatal care. HIV
prevalence in the general population declined and was less than 2
percent. An estimated 10 percent of the population knows their HIV
status, and about 30 percent of HIV-positive pregnant mothers receive
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
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
back. 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.--The government was committed to protecting the rights
and welfare of children, although its efforts were constrained by
limited financial and logistical resources.
Not all births were registered with the government. Citizenship is
derived by birth within the country or parentage. Although a birth
certificate was not a legal precondition to attend school, in practice
some children were reportedly denied education because their births
were not registered.
Education is compulsory from preprimary through junior secondary
school. Despite the constitutional provision for ``free compulsory and
universal basic education,'' parents were required to purchase uniforms
and writing materials. Uniforms are mandatory in all government-
supported schools. Students may be asked to leave school if they do not
wear their uniform. The government provided textbooks.
According to the Ministry of Education, the enrollment rate during
the 2008-09 school year was 94.9 percent at the primary level; 48.6
percent of those students are girls and 51.4 percent are boys. At the
junior secondary school (JSS) level, 80.6 percent of eligible children
were enrolled; 46.7 percent of the total enrollment was girls and 53.3
percent were boys. Some children did not attend school because they
worked to supplement their family's income or lived far from the
closest school. Many schools, particularly in rural areas, had
insufficient teachers and were inadequately resourced. The indirect
economic cost associated with enrollment, including lost wages from
children not in the labor force, was a significant obstacle for many
children's families. In addition, authorities did not regularly enforce
attendance, and parents were rarely sanctioned for keeping their
children out of school.
The government continued its Capitation Grant program, paying
schools approximately three cedis ($2.08) per school year per child to
cover cultural, sports, and other school fees. The National School
Feeding Programme also helped alleviate the incidental costs associated
with school attendance. During the year 645,000 children were enrolled
in the program nationwide with a target of one million by 2010. The
number of children in Accra participating in the school lunch program
doubled during the year to an estimated 6,000.
The government strongly supported the UN's Education for All goals.
During the year the Ghana Education Service (GES) actively campaigned
to expand education for girls by providing scholarships at the JSS and
Senior Secondary School levels and by offering financial incentives and
free housing to female teachers to work in some rural areas. The GES
placed girls' education officers at regional and district levels, and
there were community participation coordinators in every district
office to mobilize communities to increase school enrollments for
girls.
The law prohibits defilement, incest, and sexual abuse of minors,
but such abuse remained a serious problem. There were frequent reports
that male teachers sexually assaulted and harassed female students.
Girls often were reluctant to report these incidents to their parents,
and social pressure often prevented parents from going to authorities.
During the year there continued to be press reports of teachers and
headmasters/headmistresses either arrested for sexual harassment of
female students or dismissed for ignoring reported problems.
In September the headmaster of a girls' school was arrested after
impregnating a 16-year-old student. He was charged with forceful
marriage of a minor and failing to take responsibility as a father. He
could not be charged with defilement because the student was over the
age of consent, and the girl's family consented to the marriage.
During the year DOVVSU received 858 cases of suspected child
defilement and 10 cases of attempted defilement.
The law prohibits female genital mutilation (FGM), but it remains 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 women age 15-49 in Upper West had
experienced some form of FGM, compared to 20 percent of women in this
age group in Upper East and 5 percent of this group in Northern Region.
Sylvester Kyei-Gyundi, head of the Information Research Advocacy
Division of the Department of Children, said that national efforts
focused on negative cultural practices (including FGM) have yielded
positive results. Intervention programs were somewhat successful in
reducing the prevalence of FGM, 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.
Among women 15-49 surveyed in Upper West where the practice was
most common, 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 was
highly correlated with increased education. There were no prosecutions
of practitioners during the year.
Forced child marriage, which was illegal, remained a problem. CHRAJ
and NGOs reported that the problem had not improved during the year.
The migration of children to urban areas increased due to economic
hardship in rural areas. Children were often forced to support
themselves to survive, increasing both the occurrence of child labor
and the school dropout rate. Girls under 18 were among the most
vulnerable child laborers, as many also engaged in prostitution or were
sexually exploited in exchange for protection while living on the
streets. The girls were exploited by both their protectors and their
customers.
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. In March Vice President John Mahama spoke out against the
involvement of children in this conflict, and ordered the security
forces to work to prevent it.
Local and international NGOs worked with the government to promote
children's rights and were somewhat successful in sensitizing
communities about protecting the welfare of children.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons and provides for a minimum prison sentence of five years for
convicted traffickers.
The country was a source, transit, and destination country for
women and children trafficked for the purpose of forced domestic and
commercial labor and sexual exploitation. The parliament passed a bill
in July to amend the definition of human trafficking to include the
phrase ``for the purpose of exploitation.''
The number of trafficked victims was unknown, although NGOs
estimated the number to be in the thousands annually. During the year
DOVVSU received reports of 11 cases of child trafficking. Numbers
reported in the media and obtained from police sources indicate that
the actual figure was much higher.
Trafficking was both internal and international, with the majority
of trafficking in the country involving children from impoverished
rural backgrounds. The most common forms of internal trafficking
involved children, mostly boys, trafficked into the fishing communities
along Lake Volta, and girls from the north and east trafficked to Accra
and Kumasi to work as domestic helpers, porters, and assistants to
local traders. Local and international NGOs reported these children
were often subjected to dangerous working conditions and were sometimes
injured or killed as a result of the labor they performed. Local
authorities supported projects sponsored by the International
Organization of Migration (IOM) and other organizations to decrease the
incidence of trafficking in persons. IOM and various NGOs offered
microcredit assistance and education to families who agreed not to
provide their children to traffickers and to those whose children had
been trafficked.
Children between the ages of seven and 17 also were trafficked to
and from the neighboring countries of Cote d'Ivoire, Togo, The Gambia,
Nigeria, and Burkina Faso to work as farm workers, laborers, divers,
street hawkers, or domestics.
Much of the recruitment of children was done with the consent of
the parents, who sometimes were given an advance payment or promised
regular stipends from the recruiter and were told the children would
receive food, shelter, and often some sort of training or education.
Some parents sent their children to work for extended family members in
urban areas. In other cases, children were given to professional
recruiters, usually women, who placed the children with employers in
cities. In many cases the children never received the education or
vocational training the recruiters promised.
Women and girls also were trafficked to Europe, mostly to Italy,
Germany, and the Netherlands. International traffickers promised the
women legitimate jobs; however, the women often were forced into
prostitution once they reached their destination. Women were sometimes
sent directly to Europe while others were trafficked through third
countries. Some young women were trafficked to the Middle East,
particularly Lebanon, where they worked in menial jobs or as domestic
help. There were also reports that women and girls from Nigeria, Benin,
Togo, and Burkina Faso were trafficked to or through the country in
transit to Western Europe or the Middle East to work in the commercial
sex industry. Traffickers sometimes operate under the guise of being
employment agents, promising work as domestics or in other fields.
Under the antitrafficking law, DOVVSU has responsibility for
enforcement, and the Department of Social Welfare within the Ministry
of Employment and Social Welfare (MESW) has responsibility for victim
assistance, including locating family members and providing temporary
shelter, counseling, and job skills training. Local police and social
welfare officials reported insufficient resources to implement the law,
particularly in rural areas without police stations.
On March 30, a Nigerian woman was sentenced to eight years in
prison with hard labor for trafficking a 14-year-old girl from Togo to
Ghana.
In April four Nigerians were arrested for trafficking three
compatriots into Ghana for prostitution. The four were remanded into
police custody. The traffickers were sent to Nigeria on May 1 to be
tried in their home country. In June three Chinese were convicted and
sentenced to prison terms of between 12 and 17 years with hard labor
for trafficking eight compatriots to Ghana for prostitution. The court
ordered more than $14,500 seized from the convicted Chinese traffickers
to finance the victims' return to China.
In August a Ghanaian woman was convicted of trafficking and
sentenced to eight years' imprisonment with hard labor for trafficking
two Togolese children and three Ghanaian children to Ghana and Cote
d'Ivoire to work in the fishing industry. Ghana's Antihuman Trafficking
Unit investigated the case, rescued the children, and returned them to
their parents for reintegration.
In December police arrested four Chinese nationals for trafficking
seven women from China through Togo to work as prostitutes in Ghana.
Three of the accused were remanded into custody. The fourth was
released on bail.
The government, the International Labor Organization (ILO), and
NGOs continued to train security forces, immigration authorities,
customs officials, and police on the new trafficking law. The Border
Patrol Unit, part of the Immigration Service, is responsible for
monitoring the flow of travelers in and out of the country,
particularly along unapproved routes. Various ministries worked with
the ILO's International Program on the Elimination of Child Labor (ILO/
IPEC), the IOM, and NGOs to address trafficking. The MESW, in
conjunction with ILO/IPEC, continued to implement a National Plan of
Action for the Elimination of Child Labor. International and local NGOs
and the Ministry of Women and Children's Affairs (MOWAC) worked to
identify and return children trafficked to fishing villages, and to
support the fishermen's transition to alternate forms of income
generation.
Authorities made ad hoc efforts to shelter and reintegrate
trafficking victims from the country and other West African countries.
However, the government devoted little attention to rehabilitating
child trafficking victims.
During the year the government continued to conduct community
meetings and workshops for media and police to raise awareness of the
trafficking law.
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 on
April 7. 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.
In March 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.
Persons with both mental and physical disabilities were frequently
subjected to abuse and intolerance. In July 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 camps in which
individuals believed to be possessed by evil spirits were chained up
for weeks, physically assaulted, and denied food and water. The camps
targeted persons with mental illnesses. Camp supervisors diagnosed
mental illness as a ``demonic affliction'' and prevented patients from
consuming food or water, often for seven consecutive days, to cleanse
victims of their evil spirits. Some victims were estimated to be as
young as six years old. Families sent these victims to be exorcised of
evil spirits or cured of their physical or mental illnesses. Victims
were held at the camps until they were considered to be healed. Reports
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 on prayer camps
based on interviews with current and former inmates. The report found
that insufficient financial resources was a burden faced by many
families caring for mentally ill members, and that prayer camps were an
available option. The CHRI called for regulation of prayer camps.
There are several government agencies and NGOs involved in
addressing discrimination against persons with disabilities, including
the Ministry of Health, the Department of Social Welfare in the MESW,
the Ministry of Education, and the Center for Democratic Development.
National/Racial/Ethnic Minorities.--The government has deemphasized
the relevance of ethnic differences. President Mills and some of his
ministers and close advisors are Fanti, but the vice president and many
ministers are of other ethnic origins. There were numerous small-scale
conflicts within ethnic groups during the year, most of which related
to chieftaincy and land use issues. Efforts by NGOs to encourage
reconciliation continued during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The constitution protects
human rights but does not specifically mention sexual orientation in
its list of protected classes. The law makes consenting homosexual acts
a misdemeanor, and strong sociocultural beliefs discriminated against
and stigmatized same gender sex. The law does not differentiate between
male-male and female-female sex. There are 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.
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 some other security
and intelligence agency personnel, to form and join unions of their
choice without previous authorization or excessive requirements, and
workers exercised this right in practice. While unions no longer must
seek government approval before registering, the 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 put pressure on
employers and employees to operate efficiently with limited
interruptions. The right to strike can also be restricted for workers
in private enterprise whose services were deemed essential to the
survival of the enterprise by a union and an employer. A union may call
a legal strike if the parties fail to agree to refer the dispute to
voluntary arbitration or if the dispute remains unresolved at the end
of arbitration proceedings. No union had ever gone through the complete
dispute resolution process, and there were numerous unsanctioned
strikes during the year.
In May doctors in one hospital went on strike over unpaid
allowances, and in August the miners in one large gold mine went on
strike over wage disparities between expatriate and local workers. In
July the National Association of Graduate Teachers threatened to strike
over pay and allowances. At year's end , the graduate teachers had not
called a strike.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
government protected this right in practice. However, the armed forces,
police, prison service, security, and intelligence personnel, and
workers with policy making and managerial functions, do not have any
possibility of bargaining 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
contrary to the law. Although the Labor Act protects trade union
members and their officers against discrimination if they organize
within the free zones, in practice some employers persistently resisted
unionization of the employees.
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 in illegal
mining. Local NGOs claimed victims forced to work on boats as children
were sometimes unable to leave their employers and continue to work
without pay as adults. In the illegal mining industry (galamsey), NGOs
cited debt bondage as a problem.
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 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 that was not likely to be harmful to the child and does not 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 for children age 15 and above to have an apprenticeship
under which craftsmen and employers have the obligation to provide a
safe and healthy work environment along with training and tools.
However, child labor laws were not always enforced effectively or
consistently, and law enforcement officials, including judges, police,
and labor officials, were sometimes unfamiliar with the provisions of
the law that protected children. During the year the MOWAC conducted
seminars on child labor to educate the media, police, civil servants,
and the general public. However, local custom and poverty encouraged
children to work to help support their families 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; they
received little or no health care and generally did not attend school.
According to government labor officials and the Ghana Employers
Association, child labor problems were infrequent in the formal labor
sector.
The law prohibits forced and compulsory labor by children; however,
during the year children were 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 runs regular stories
about children being used in involuntary servitude, particularly as
street hawkers and porters.
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 conduct these efforts.
During the year the government continued its five-year national
Program for the Elimination of Child Labor in the Cocoa Sector, which
included awareness-raising initiatives regarding child labor practices
in cocoa farming. The government worked closely with NGOs, labor
unions, and the cocoa industry to better understand the role of
children in the cocoa sector and to encourage changes, through the
program to eliminate the worst forms of child labor in the cocoa
industry.
The government continued to implement its National Plan of Action
for the Elimination of Child Labor and collaborated with ILO/IPEC
through June on a $4.75 million project to support this plan. This
project withdrew 5,326 children from exploitative child labor and kept
another 5,753 children from exploitative child labor.
ILO/IPEC, government representatives, the Trade Union Congress,
media, international organizations, and NGOs continued to build upon
the National Plan of Action for the Elimination of Child Labor in Ghana
by increasing institutional capacity to combat child labor. With the
support of the government, NGOs and foreign governments funded more
recent programs to combat child labor. Education and sensitization
workshops were conducted with police, labor inspectors, local
governments, and communities.
e. Acceptable Conditions of Work.--A National Tripartite Committee
composed of representatives of the government, labor, and employers set
daily minimum wages. The daily minimum wage of 2.65 cedis ($1.85)
during the year did not provide a decent standard of living for a
worker and family. Furthermore, there was widespread violation of the
minimum wage law in the formal sector and there was no official minimum
wage for the growing informal labor force. In most cases households had
multiple wage earners, and family members engaged in some family
farming or other family-based commercial activities. The Ministry of
Employment and Social Welfare was unable to credibly enforce this law.
The Fair Wages and Salaries Commission was charged with ensuring
fair, transparent, and systematic implementation of the government
public service pay policy; advising government on matters related to
salaries, wages, grading, classification, job analysis, and job
evaluation; and ensuring that decisions on those issues are
implemented.
The law sets the maximum workweek at 40 hours, with a break of at
least 48 consecutive hours every seven days. Workers were entitled to
at least 15 working days' leave with full pay in a calendar year of
continuous service or after having worked at least 200 days in a
particular year. However, such provisions do not apply to task workers
or domestic workers in private homes, nor elsewhere in the informal
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 to both. The law requires that employers report, no
later than seven days from the date of occurrence, occupational
accidents and diseases. In practice, safety inspectors were few and
poorly trained, and they lacked the resources to effectively respond to
violations. Inspectors did not impose sanctions or otherwise respond to
violations during the year.
In September 2008 CHRAJ issued a report, ``The State of Human
Rights in Mining Communities in Ghana.'' The report found evidence of
widespread violations of human rights in mining areas of the country.
The report 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 impacted both public health and loss of
livelihoods. Blasting in 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 of Western Ghana,
independent miners suspected of stealing equipment from a nearby mine
were arrested and beaten by security service members. The report cited
a 2006 incident in Wassa West area where members of the Ghana military
covered pits in which independent miners were known to be digging at
the time. The miners were able to extract themselves.
__________
GUINEA
Guinea has a population of approximately 10 million. Its
constitution was suspended by a military junta that seized power in a
December 2008 coup, hours after the death of former president Lansana
Conte. In 2003 Conte won an election boycotted by the opposition and
criticized by international observers as neither free nor fair. The
junta, known as the Council for Democracy and Development (CNDD),
proclaimed Captain Moussa Dadis Camara head of state and dismissed the
National Assembly. Despite the appointment of a civilian prime
minister, Kabine Komara, to serve as head of government, the CNDD
consolidated power within the presidency. On December 3, President
Camara was shot in the head in an apparent assassination attempt and
was recovering in Morocco at year's end. Defense minister and CNDD vice
president Sekouba Konate became the interim CNDD president on December
3. The country's constitution and National Assembly remained suspended
during the year. Civilian and military authorities did not maintain
effective control of the security forces.
Serious human rights abuses occurred during the year. Citizens did
not have the right to change their government through periodic
elections. Security forces conducted mass killings and beatings,
publicly raped women and girls, and tortured and abused detainees to
extract confessions. Prison conditions were inhumane and life
threatening. Perpetrators of killings and abuse acted with impunity.
There were arbitrary arrests, prolonged pretrial detention, and
incommunicado detention. The judiciary was subject to corruption and
outside influence, including intimidation from security forces. The
government infringed on citizens' privacy rights and restricted
freedoms of speech, press, assembly, association, and movement. Sexual
violence against women and girls, societal discrimination against
women, and female genital mutilation (FGM) were problems. Trafficking
in persons, ethnic discrimination, and forced labor, including by
children, occurred.
Due to Captain Camara's August announcement that he might run for
president, the opposition coalition known as ``Les Forces Vives'' held
a large protest on September 28 in a Conakry sports stadium, which
soldiers violently suppressed with live ammunition, resulting in deaths
of at least 157 demonstrators and injuries to approximately 1,200.
Security forces also publicly raped approximately 100 women in and near
the stadium and arrested demonstrators, an unknown number of whom
remained in detention at year's end. On December 3, an unsuccessful
attempt to assassinate Captain Camara resulted in another military
crackdown, in which an unknown number of civilians and military
personnel were arbitrarily killed, injured, or detained.
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 killed hundreds of citizens and demonstrators; many of
the killings appeared to be politically motivated. Captain Camara and
high-level government officials also endorsed and encouraged vigilante
killings on numerous occasions during the year. The government did not
investigate any security force killings and took no legal or
disciplinary action against the perpetrators.
In what Human Rights Watch (HRW) called an ``organized operation''
that the CNDD planned in advance, several hundred members of the elite
Presidential Guard deployed on September 28 to a Conakry stadium where
tens of thousands of unarmed and peaceful opposition demonstrators had
gathered to protest CNDD policies and the possible candidacy of Captain
Camara in the next presidential election. The soldiers surrounded the
stadium, blocked the entrances, and used guns and bayonets on the
demonstrators, resulting in at least 157 deaths; the government cited
57 deaths and claimed that most resulted from crushing by the crowd and
stray bullets. A number of opposition leaders, including Sidya Toure,
Cellou Diallo, Jean-Marie Dore, Alpha Conde, and Mouctar Diallo were
beaten and then detained by security forces for approximately 12 hours.
According to HRW and other sources, security forces reportedly removed
dozens of bodies from the stadium and local hospitals and subsequently
buried them in mass graves.
Following the December 3 attempted assassination of Captain Camara,
the military launched a crackdown during its search for the suspected
assassin Lieutenant Aboubacar ``Toumba'' Diakite; Diakite escaped and
remained at large at year's end. Military personnel reportedly arrested
approximately 60 soldiers, including civilians, as part of the roundup.
Eyewitnesses told journalists that persons were being shot in the
streets as they fled from patrols. There was at least one confirmed
death but no information as to the numbers killed or injured during the
search.
No investigations were conducted into the killing of four persons
by security forces during the May 2008 military mutiny in Conakry and
the June 2008 killing by soldiers of 14 striking police officers.
During the year government officials, including Captain Camara,
endorsed and encouraged vigilante killings.
For example, on February 3, Captain Camara issued a proclamation
authorizing the use of lethal force against anyone engaged in drug
trafficking, money laundering, armed robbery, or trafficking in
children; the proclamation did not specify who was authorized to kill
or if other crimes would be punishable by lethal force. During a May 10
news conference, Captain Camara pronounced a blanket death penalty for
all criminal activities and said that thieves caught in the act should
be killed instantly.
In a June 2 meeting with local officials, the minister of high
crimes and anti-drugs, Moussa Tiegboro Camara, stated that armed
robbers should be burned alive to avoid overcrowding the prisons. His
proclamation was commonly known as ``Law 4550,'' in reference to the
cost of a liter of gasoline and a book of matches in local currency. On
June 5, Minister Tiegboro congratulated residents in the Yimbaya
neighborhood of Conakry on the death of a local criminal who had been
tortured by residents. In a June 24 interview with HRW, he claimed that
his statements were meant to frighten criminals.
On August 4, Captain Camara praised Boubacar Diallo, a taxi driver,
who along with his passengers, beat and killed a bandit on July 21
during a taxi robbery. Captain Camara rewarded Diallo with 10 million
Guinea francs ($2,000) and a new car.
Following the statements by Captain Camara and Minister Tiegboro,
incidents of vigilante violence increased throughout the country.
For example, on May 8, in the town of Mandiana, police arrested a
man who had kidnapped and held an 8-year-old girl in his home. Despite
warning shots from the police, a mob broke into the prison, stoned the
man to death, and set his body on fire.
On May 22, a mob gathered outside the Guekedou prison, removed
imprisoned military officers Youssouf Keita and Pierre Bangoura, and
burned them to death. Police had arrested the officers for a series of
crimes and several murders.
On July 15, a crowd gathered outside the Kissidougou jail and
demanded that police hand over Faya Antaoine after his arrest for
killing his wife. The police reportedly attempted to hold off the mob,
but eventually the mob beat and stoned Faya to death outside of the
station.
b. Disappearance.--There were reports of disappearances, including
some that may have been politically motivated. Following the September
28 massacre at the opposition rally in a Conakry stadium, dozens of
demonstrators disappeared. The CNDD stated that all bodies of victims
killed were returned to family members; however, local press
interviewed a number of individuals who stated that they were unable to
identify their relatives among the bodies presented by the government.
HRW reported that bodies were buried in mass graves (see section 1.a.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
both civilian and military security forces tortured, beat, raped, and
otherwise abused citizens and detainees. Nongovernmental organizations
(NGOs) reported torture to extract confessions in police and military
detention facilities. Minors also were tortured before being
incarcerated, according to a May 2008 report by the local NGO Terres
des Hommes. The government did not investigate any of these cases and
took no legal or disciplinary action against security force members
responsible for the abuses.
During the September 28 stadium massacre, security forces used guns
and bayonets to kill and injure hundreds of civilians (see section
1.a.).
On June 2, the local press reported incidents of torture, including
possible castration, at the military prison on Kassa Island, where
approximately 100 military personnel were reportedly detained in
inhumane conditions.
On August 8, three soldiers ambushed, beat, and kidnapped Dominic
Aboayje, the Ghanaian ambassador, from his diplomatic vehicle in
Conakry. The soldiers released the ambassador a few hours later but
stole the vehicle.
On August 25, according to a prison official, authorities at Kassa
Island transferred a prisoner who had been tortured to Conakry's
prison. The prisoner died that night of his injuries.
No investigations were conducted into the November 2008 torture of
six Cameroonian citizens authorized by Claude Pivi, an army lieutenant,
who was subsequently appointed minister of presidential security during
the year.
Security forces used sexual violence to intimidate and brutalize
civilians. During the September 28 stadium massacre, members of the
Presidential Guard publicly raped and sexually assaulted with weapons
approximately 100 women during a brutal repression of an opposition
demonstration in Conakry (see section 1.a.). According to human rights
organizations and survivors, approximately 20 women were also kidnapped
and raped for several days. By year's end no perpetrators had been
punished for these crimes.
On March 31, a soldier raped a 15-year-old girl, according to HRW.
The soldier was detained for a few days in the military camp. The
girl's family did not press charges after the military agreed to pay
for her medical expenses.
No investigations or arrests were made into the November 2008
stoning to death of Fanta Camara, whom a radio station erroneously
identified as a child trafficker.
No individuals were held responsible for the 2007 torture of
Lansana Komara, an opposition party leader and professor who was
imprisoned in 2007.
Vigilante violence was common, in part due to lack of confidence in
security forces and the judiciary (see section 1.a.). Citizens in
N'Zerekore sometimes waited outside the local prison to attack and burn
released convicts to death, according to one NGO.
Prison and Detention Center Conditions.--Conditions in civilian
prisons, which were under the Ministry of Justice, remained inhumane
and life threatening. Prisoners, including children, were reportedly
routinely tortured to extract confessions or to extort money. According
to NGOs, prisoners claimed that guards routinely threatened, beat, and
otherwise harassed them. Although the law condemns torture and other
abuse, the government took no action against alleged torturers.
All prisons were overcrowded. Conakry Prison, which was built to
hold 300 prisoners, held 1,055 prisoners at year's end. Some Conakry
prisoners reported sleeping on their knees because their cells were so
small. In the N'Zerekore prison, approximately 60 prisoners 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.
The prison administrator in Kankan who had routinely sexually
abused a female prisoner in 2008 was transferred to another post.
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. NGOs reported that the
roof of N'Zerekore Prison was almost completely destroyed, exposing
prisoners to the elements.
A foreign observer reported that inmates in Siguiri Prison lacked
access to medical care, adequate food and water, and legal
representation, a situation that was common to prisons throughout the
country. One prisoner, who appeared in better health than the other
inmates, stated that he spent the day at home but returned at night due
to a special arrangement with the prison's administrator.
NGOs reported endemic malnutrition throughout the prison system. In
a February 23 report, Doctors Without Borders (MSF) detailed their
actions in the Gueckedou Prison after finding that 38 percent of the 72
prisoners suffered from acute malnutrition, with 21 percent severely
malnourished and 17 percent moderately malnourished. In follow-up
visits to other prisons, MSF found similar situations, noting that
``such cases of severe acute malnutrition are rare among adult
populations, even in vastly more unstable settings of conflict and
violence.'' MSF also reported that 42 percent of the prisoners in
Gueckedou Prison suffered from dehydration.
The government stopped delivering food and medicine to the prisons
during the first five months of the year. During this period, prison
directors relied on charities, the International Committee of the Red
Cross (ICRC), and NGOs to provide food for the prison populations. The
medical doctor at Conakry Prison confirmed that during the year,
malnutrition contributed to the deaths of several prisoners.
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 social stigma and the difficulty and cost of travel to
the prisons. Guards often demanded bribes in exchange for delivering
food to those incarcerated and routinely confiscated food, which was
seldom delivered to the intended beneficiary.
Inmates were not tested for HIV/AIDS upon entry into the prisons,
and no statistics were kept; however, a physician working in Conakry
Prison estimated that 15 percent of the prison population was infected.
The lack of medicine in the prisons, combined with the endemic
malnutrition and dehydration, made infection or illness life
threatening. In Gueckedou, and commonly in other jails, prisoners with
tuberculosis were living together with other inmates.
Poor sanitation, malnutrition, disease, lack of medical attention,
and poor conditions resulted in dozens of deaths, but no estimates were
available. Although there was no data for the interior of the country,
a local prisoner advocacy NGO reported 89 deaths in Conakry Prison
during the year and an additional 26 detainees who perished in local
hospitals.
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 by controlling
conditions and cell assignments, giving better conditions to prisoners
who were able to pay.
NGOs estimated that approximately 3,800 prisoners (including
between 47 and 100 women) were incarcerated in 32 civilian prison
facilities nationwide.
In most prisons, men and women were held separately, but juveniles
generally were held with adults in prisons outside the capital. In
Siguiri Prison, children 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 as their male counterparts, such as access
to fresh air.
Nationwide figures regarding incarcerated minors were unavailable,
but a local NGO reported that 135 minors were incarcerated at Conakry
Prison. Approximately 85 percent of the minors had not 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 NGO Terre des Hommes reported that only five of 117 juvenile
inmates in Conakry Prison had obtained access to legal representation
during the year. The government did not make provisions for children's
food, clothing, education, or medical care in prison.
Pretrial detainees were not separated from convicted prisoners, and
the prison system often was unable to track pretrial detainees after
arrest. Political prisoners were reportedly held either at the Kassa
Island military prison or at the Conakry Prison, but they were housed
in separate cells from the general population.
Conditions in military and gendarmerie prisons, which were under
the Ministry of Defense, could not be verified since the government
denied access to prison advocacy groups and international
organizations; however, local media reported the use of torture,
including castration, at the military police prison and other police
and military facilities on Kassa Island. 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.
The government permitted prison visits by the ICRC and other local
humanitarian and religious organizations that offered medical care and
food for those in severe need. The ICRC was allowed regular access to
all official civilian detention facilities; however, no international
organization was permitted access to military detention facilities. The
ICRC continued partnership programs with prison and security
authorities to improve prison conditions. During the year a local NGO
attempted to visit a major military prison on Kassa Island, but
government officials claimed that the facility was not a prison.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces did
not observe these prohibitions.
Role of the Police and Security Apparatus.--The gendarmerie, a part
of the Ministry of Defense, and the National Police, under the Ministry
of Security, share responsibility for internal security. Since the
December 2008 military coup, the CNDD restructured the gendarmerie as a
national police force with responsibility for policing customs,
immigration, and airport and seaport security. The army is responsible
for external security but also plays a role in domestic security. A
quasipolice unit called the Anticrime Brigade, created to fight
criminal gangs and bandits, also operated in Conakry. In January the
CNDD created the Ministry of High Crimes and Anti-Drugs (HCAD) to
investigate illegal drugs, trafficking in persons, money laundering,
and organized crime. Since no agents were officially assigned to the
HCAD, a small cadre of officers from the gendarmerie, judicial police,
and Presidential Guard joined forces to sporadically investigate cases.
The code of penal procedure permits only the gendarmerie to make
arrests, but the army, Presidential Guard, and state police also
detained persons.
The police force was inadequately staffed and lacked training. In
addition, a number of police officers were part of a ``volunteer''
corps that did not receive a salary. Administrative controls over the
police were ineffective, and security forces rarely followed the penal
code. Corruption was widespread, and security forces generally were not
held accountable for abuses of power or criminal activities. Many
citizens viewed all the security forces as corrupt, ineffective, and
dangerous. Police ignored legal procedures and extorted money from
citizens at roadblocks. The government did not take any action to train
or reform security forces, although several NGOs conducted training
programs.
Discipline within the armed forces deteriorated significantly
during the year. According to media reports, local NGOs, and
international organizations, a culture of impunity emboldened soldiers
to rob persons at gunpoint, loot businesses, and assault officials,
foreign ambassadors, and civilians. According to an April 27 HRW
report, soldiers in groups numbering up to 20 raided offices, shops,
warehouses, medical clinics, and homes in broad daylight as well as at
night. Victims included local citizens and foreigners, and many of the
victims were also threatened or physically assaulted. No security force
members were punished or prosecuted during the year for these cases.
For example, on January 28, according to an HRW report, 10 soldiers
robbed a businessman at his pharmacy. The soldiers reportedly entered
the premises to search for counterfeit medicines but removed
approximately 50 million Guinean francs ($10,000) from the safe. The
soldiers also forced the owner into their car upon leaving but released
him within hours.
On May 30, two armed soldiers threw a businessman out of a third-
story window of his home and stole his car. The fall broke the man's
back, both legs, and both arms.
On July 30, members of the Presidential Guard attacked the first
vice president and minister of security, General Toto Camara, during a
dispute over a shipment at the port of Conakry. Captain Camara and the
perpetrators apologized to Toto Camara, but the perpetrators were not
punished.
According to HRW, during the year small groups of soldiers
interrupted judicial proceedings or threatened lawyers in an attempt to
influence the outcome of proceedings.
d. Prohibition of Child Labor and Minimum Age for Employment.--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 home
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 did not
respect the provision of the law that provides client access to
attorneys. Indigent defendants were not provided attorneys at state
expense. Although the law proscribes incommunicado detention, it
occurred in practice. Release on bail was at the discretion of the
magistrate who had jurisdiction. The law allows detainees prompt access
to family members, but such access was sometimes denied and could occur
in the presence of a government official.
Throughout the year military personnel arbitrarily detained
citizens, including members of the media, politicians, businessmen,
demonstrators, civil servants, and civil society members. One
international NGO reported that gendarmes routinely arrested civilians
and detained them at Kassa Island military prison until they paid
bribes for their release.
Following the events at the stadium on September 28, security
forces arrested and detained an unknown number of civilians. One
demonstrator described to a foreign observer how he had been arrested
at the stadium by military personnel and then detained at Camp Koundara
for 48 hours. The demonstrator described being subjected to torture. He
alleged withholding of food and water, beatings, removal of clothing,
and being made to hold strenuous physical positions for hours at a
time. The demonstrator was held with 11 other detainees and claimed
that he was released only after a family member was able to bribe a
military officer. There was no further information on the reported
remaining 11 detainees by year's end.
Since hundreds of people disappeared in the September 28 violence
and the subsequent crackdown, NGOs were unable to determine how many
people were killed during the violence or were arrested and detained.
Similarly, NGOs could not ascertain how many detainees were still held
at year's end. While a local NGO attempted to compile a list of the
missing, they were not able to verify the names at year's end.
On April 6, military personnel arrested the vice president of the
audit committee, Mouctar Balde, after he stated in a press interview
that a prominent businessman did not owe money to the state. Balde was
held at Camp Alpha Yaya military barracks for a week before being
released.
Gendarmes and members of the Presidential Guard detained an unknown
number of active and former military personnel for unspecified reasons.
Credible human rights sources reported that the treatment of these
military detainees was not monitored by independent agents.
In early January the CNDD detained 12 military officers at Camp
Alpha Yaya for approximately three months, where they reportedly were
mistreated and beaten. On August 1, they were reportedly moved to the
Kassa Island military prison; there was no further information by
year's end.
According to HRW, in April security forces at Kassa Island detained
and beat a second group of at least three military personnel following
an alleged coup plot against Captain Camara. There was no further
information by year's end.
On May 26, according to local media reports and HRW, military
personnel severely beat Kader Doumbouya, a former military commander
who remained detained without charge on Kassa Island prison at year's
end.
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.
For example, Aboubacar Sylla had been in the Conakry Prison without
trial since his arrest in 1999 for armed robbery.
A number of those arrested were foreign nationals, current and
former army officers under the previous regime, and their family
members. For example, on November 15, security forces arrested Ousmane
Conte and three associates, who remained in pretrial detention without
charge at year's end. His brother, El Hadj Moussa Conte, was arrested
on August 11 but released a few days later.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, but judicial officials often deferred to
executive authorities. The judicial system was endemically corrupt.
Magistrates were civil servants with no assurance of tenure, and
authorities routinely accepted bribes in exchange for specific
outcomes. Budget shortfalls, a shortage of qualified lawyers and
magistrates, and an outdated and restrictive penal code limited the
judiciary's effectiveness.
The judiciary includes courts of first instance, two courts of
appeal, and the Supreme Court, which is the court of final appeal. The
law provides for a parallel structure for juveniles. A military
tribunal prepares and adjudicates charges against accused military
personnel, to whom the penal code does not apply, although military
courts provide the same rights as civil courts. Civilians were not
subject to military tribunals.
In practice the two appeals courts that handle serious crimes
rarely functioned, which contributed to lengthy pretrial detentions. By
law the courts of appeal must hold a session once every four months,
but there were no sessions during the year.
The state security court is composed of magistrates directly
appointed by the president, and the verdict is open to appeal only on a
point of law, not for the reexamination of evidence.
In February the CNDD created the Bureau of Conflicts, an alternate
judicial system that adjudicated approximately 3,000 civil and criminal
cases heard by military and police personnel. Many of these cases had
been previously adjudicated (see section 1.f.). Lawyers had no part in
these extralegal, extrajudicial proceedings. In May, after a judiciary
strike to protest the creation and function of the bureau, Captain
Camara disbanded it.
Many citizens wary of judicial corruption preferred to rely on
traditional systems of justice at the village or urban neighborhood
level. Litigants presented their civil cases before a village chief, a
neighborhood leader, or a council of ``wise men.'' The dividing line
between the formal and informal justice systems was vague, and
authorities sometimes referred a case from the formal to the
traditional system to ensure compliance by all parties. Similarly, if a
case was not resolved to the satisfaction of all parties in the
traditional system, it could be referred to the formal system for
adjudication. The traditional system discriminated against women in
that evidence given by women carried less weight.
Trial Procedures.--Trials are public, and juries are used for
criminal cases. Defendants have the right to be present and to consult
with an attorney in a timely manner. Defendants have the right to
confront and question prosecution witnesses and present witnesses and
evidence on their behalf. The prosecution prepares a case file,
including testimonies and evidence, and provides a copy for the
defense. The 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 government is responsible for funding legal
defense costs in serious criminal cases, in practice it rarely
disbursed funds for this purpose. The attorney for the defense
frequently received no payment.
Political Prisoners and Detainees.--Following the September 28
massacre, there were reports of an unknown number political detainees
being held at Camp Alpha Yaya and the Kassa military prison. However,
junta officials denied the existence of political prisoners or
detainees during the year.
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 constitution and law provide for the inviolability
of the home and require judicial search warrants; however, soldiers,
police, and paramilitary police frequently ignored legal procedures in
the pursuit of criminals or when it served personal interests. Soldiers
repeatedly entered private residences and businesses to extort money
and rob or threaten civilians.
On January 28, according to HRW, ten soldiers robbed a businessman
in Conakry; they entered his pharmacy on the pretext of searching for
counterfeit medicines. The soldiers reportedly removed 50 million
Guinean francs ($10,000) and forced the owner into their vehicle upon
leaving. He was released within hours.
On March 30, the Bureau of Conflicts, an alternate judicial system
created and subsequently disbanded during the year, overturned a
Supreme Court decision involving a property dispute between a 73-year-
old property owner and a neighbor who had allegedly purchased the land.
According to HRW, when the elderly man refused to vacate the premises,
military personnel arrived on April 2 and fired on the occupants,
killing one civilian and wounding another.
Unlike in previous years, there were no reports of a designated
family member serving out the sentence of a convicted relative.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of expression and of press; however, the government
generally did not respect these rights in practice. The law prohibits
talk or chants in public that are perceived as seditious; establishes
defamation and slander as criminal offenses; and prohibits
communications that insult the president, incite violence,
discrimination, or hatred, or disturb the public peace or security.
Penalties include fines, revocation of press cards, imprisonment, and
banishment. Journalists practiced self-censorship.
Citizens could generally criticize the government publicly and
privately without fear of reprisal, but on several occasions the CNDD
threatened or imprisoned individuals who did so. Following the events
at the stadium on September 28, many journalists self-censored due to
fear of retribution from security forces.
On November 26, HCAD officers arrested Mouctar Diallo, vice
president of the Organization for the Defense of Human Rights, after an
interview he gave to the foreign press regarding the September 28
massacre. Diallo remained at Camp Alpha Yaya at year's end.
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.
The government published an official daily newspaper, The Horoya.
The government did not permit political parties or religious
institutions to own media outlets and restricted programming on
political and religious subjects. On August 31, the CNC suspended all
political discussion on the radio. The ban was lifted on September 9.
The CNDD alternately praised and punished the media. Captain Camara
met with the press on several occasions and offered them cash payments,
subsidies, and lower taxes. On April 27, for example, Camara reportedly
handed out a total of 230 million Guinea francs ($46,000) ``as a gift''
to print media members. However, on July 13, after press reports
ridiculed a CNDD statement claiming ``narco-supported troops'' were
mobilizing on the country's borders, Camara threatened that he would
``deal with'' the media and any individual who contradicted his
statements.
Private media were frequently excluded from government meetings,
leaving only coverage from state-run media outlets. On several
occasions security forces physically assaulted members of the private
media who tried to attend these meetings and cover other events. For
example, on March 12, the International Freedom of Expression Exchange
(IFEX) reported that Presidential Guard members whipped, kicked, and
robbed Saa Momori Koundouno, a reporter for a private Conakry radio
station, while he was covering a clash between soldiers and youth
protestors over the sale of a soccer field.
The government operated official television and radio stations. The
state-owned media provided extensive and favorable coverage of the
CNDD, replacing normal news content with coverage focusing almost
exclusively on Captain Camara and other prominent CNDD figures.
Opposition political party activities were not covered on national
television, and several opposition political leaders reported that they
were denied access to state-owned media outlets.
During the year security forces threatened, arrested, detained,
harassed, and abused print journalists who criticized the government.
For example, on May 27, gendarmes arrested and detained Moise
Sidibe, a prominent and outspoken newspaper critic of the CNDD, and
took him to Camp Alpha Yaya, where he reportedly was beaten and
tortured. Sidibe was released on June 8 after his family paid a bribe.
On August 3, judicial police detained Aboubacar Sylla, founder of
L'Independent newspaper and head of the political party Union of Forces
for Change (UFC), after he criticized the CNDD during a press
conference. Sylla was released later that day without explanation.
According to IFEX, on August 9, soldiers arrested Amara Camara,
editor of the private newspaper Le Confidentiel, after he disputed a
statement HCAD Minister Tiegboro made regarding the danger posed by
drugs found in a Conakry neighborhood. The soldiers reportedly took
Camara to Camp Alpha Yaya under the minister's orders and released him
two days later.
Unlike in the previous year, no newspapers were suspended for
libelous reporting.
Radio remained the most important source of information for the
public. Twenty-one private radio stations broadcast throughout the
year, including 19 in the capital, one in Kankan, and one in Kamsar.
There were also 12 rural and community radio stations in other parts of
the country. Many citizens listened regularly to foreign-origin short-
wave radio.
On August 13, members of the Presidential Guard arrested Hajaar
Souhel, director general of the private Radio Nostalgie FM, as he was
preparing the station's anniversary celebration at the People's Palace.
Souhel was taken to the military barracks and released later that night
with no explanation.
Unlike in the previous year, no radio stations were suspended.
The government did not restrict access to or distribution of
foreign television programming via satellite or cable; however,
relatively few citizens could afford these services.
On August 27, police arrested and detained Diarouga Balde, an
independent Internet journalist and reporter at the national television
station, for photographing protesters during an antigovernment
demonstration in Conakry. Balde was released the following day without
explanation or charge.
Internet Freedom.--There generally were no government restrictions
on access to the Internet or reports that the government monitored e-
mail or Internet chat rooms; however, on August 25, the CNDD ordered
the four major cell phone companies to suspend text-messaging
capabilities following a series of text messages that urged protests
against the CNDD; the suspension lasted two days. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e-mail. The Internet was a major platform for
voicing criticism against the CNDD, with the most popular sites managed
by diaspora members outside of the country. The Internet was available
in the capital city and in a few larger towns, but fewer than 1 percent
of the country's inhabitants used the Internet, according to 2008
International Telecommunication Union statistics. Cost, illiteracy, and
lack of availability remained major constraints to use by a broad range
of citizens.
Academic Freedom and Cultural Events.--The Ministry of Pre-
University, Technical, Professional, and Civic Education and Scientific
Research exercised limited control over academic freedom through its
influence on faculty hiring and control over the curriculum; however,
teachers generally were not subject to classroom censorship.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law restricts freedom of assembly and bans any meeting
that has an ethnic or racial character or any gathering ``whose nature
threatens national unity.'' The government requires a 72-working-hour
advance notification of public gatherings. The law permits local
authorities to cancel a demonstration or meeting if they believe it
poses a threat to public order. Authorities may also hold event
organizers criminally liable if violence or destruction of property
ensues.
Security force use of excessive force to disperse demonstrators
resulted in hundreds of deaths and injuries during the year,
particularly during the September 28 security force stadium massacre
(see section 1.a.).
On August 17, security forces killed Mohamed Camara, a youth
protesting the lack of electricity in Kamsar.
Immediately after the December 2008 coup, the CNDD imposed a ban on
public demonstrations and lifted the ban on March 14. Following a
September 27 opposition statement on radio and television calling for a
demonstration against the junta on September 28, the CNDD issued a ban
against any demonstrations or public gatherings scheduled for that day.
On September 30, the junta banned any public demonstration or gathering
``until further notice.'' This ban was in affect for the remainder of
the year.
During the year there was no punitive action against the soldiers
who shot and wounded three youths during a peaceful August 2008
demonstration in Kamsar.
Freedom of Association.--The constitution and law provide for
freedom of association; however, the government infringed on this right
in practice. The government imposed cumbersome requirements to obtain
official recognition for public, social, cultural, religious, or
political associations. Most of the restrictions focused on political
associations. For example, political parties had to provide information
on their founding members and produce internal statutes and political
platforms consistent with the constitution before the government
recognized them.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
The Secretariat General of Religious Affairs is responsible for
providing liaison with all active religious groups in the country.
Approximately 85 percent of the population practiced Islam, and
most of these adhered to Sunni teachings and practices. Non-Muslims
were represented in the presidency, cabinet, administrative
bureaucracy, and the armed forces. However, the government continued to
refrain from appointing non-Muslims to important administrative
positions in certain parts of the country in deference to the
particularly strong social dominance of Islam in these regions.
Societal Abuses and Discrimination.--Relations among the various
religions were generally amicable; however, in some parts of the
country, Islam's dominance created strong societal pressure that
discouraged conversion from Islam or land acquisition for non-Islamic
religious use.
There were few Jews in the country, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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, foreign travel, emigration, and repatriation;
however, authorities at times infringed 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 refugees and asylum seekers.
The government requires all citizens to carry national
identification cards, which they must present on demand at security
checkpoints.
During the year police and security forces increased detentions of
persons at military roadblocks to extort money, impeding the free
movement of travelers and threatening their safety.
On three separate occasions in August, security personnel prevented
the airport departure of opposition leaders Alpha Conde of the Rally of
The Guinean People (RPG), Sydia Toure of the Union of Republican Forces
(UPR), and Cellou Dalein Diallo of the Union of Democratic Forces of
Guinea (UFDG) until Captain Camara personally authorized their
departures.
The law does not prohibit forced exile, but the government did not
use it.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the 1969 African Union Convention Governing the Specific Aspects of
the Refugee Problem in Africa. 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 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 in conflict, 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 three refugee camps remained
operational.
The 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.
During the year the government, with the UNHCR, continued to
facilitate the local integration of approximately 1,000 Sierra Leonean
refugees whose status had been revoked.
During the year the government continued to provide temporary
protection to approximately 66 individuals of various African
nationalities who may not qualify as refugees under the 1951 Convention
or the 1967 Protocol.
Unlike in previous years, there were no reports of rape, assault,
or forced prostitution in refugee camps. Tension continued between host
communities and refugee populations because of disparities in living
standards and tribal conflicts, although these tensions were less
apparent than in previous years. Economic decline in the country
continued to exacerbate situations where refugees received basic
services and opportunities unavailable to citizens. 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 constitution and law provide for a popularly elected president
and National Assembly, and for the National Assembly president to
assume power in the event of the president's death; however, the
military junta that seized power after former president Conte's death
in December 2008 suspended the constitution, dismissed the National
Assembly, and had neither scheduled nor conducted elections by year's
end. The constitution provides that a presidential election be
organized within 60 days of the president's death.
After the December 3 attempted assassination of CNDD president
Camara, defense minister and CNDD vice-president Sekouba Konate assumed
control of the country as interim president while Camara recuperated in
Morocco at year's end.
On November 3, the CNDD and the opposition coalition ``Les Forces
Vives'' began separate mediation talks facilitated by the Economic
Community of West African States (ECOWAS) to resolve the political
crisis. Burkina Faso's president Blaise Compaore was the ECOWAS-
appointed mediator. No agreement was reached by the end of the year.
Elections and Political Participation.--The last national election,
in which the late president Conte won reelection, was held in 2003. All
major opposition parties boycotted the election, criticized by
international observers as neither free nor fair. In 2002 the
government held municipal and legislative elections, and 16 of 46
registered political parties participated, including all the major
opposition parties. According to official results, President Conte's
ruling Party for Unity and Progress (PUP) and associated parties won 91
of the 114 seats in the National Assembly. The PUP also garnered
approximately 80 percent of the vote with certified victories in 31 of
38 municipalities and 241 of 303 local councils.
The local electoral process in 2003 was characterized by both
improvements over past practice as well as serious flaws. Positive
developments included freer campaigning, a single ballot listing all
parties, transparent ballot boxes, political parties represented at the
polling stations, media coverage of events, and free access for
national observers. However, the turnout was low, and there were
significant irregularities and bias by officials towards the ruling
party before and during the vote. These included government revision of
voter rolls with limited oversight, exclusion of up to 50 percent of
the opposition candidate lists, unequal provision and distribution of
voter registration cards and identity documents, and susceptibility to
cheating in the district-level vote consolidations.
On March 14, the CNDD lifted the ban on political and union
activity that had been in force since the December 2008 coup. With the
lifting of the ban, more than 60 new political parties were launched
during the year, bringing the total number of political parties to more
than 100. The government limited the ability of opposition parties to
organize and publicize their views.
For example, on June 18, local authorities and military personnel
prohibited UFDG leader Cellou Dalein Diallo and a delegation from
campaigning in Kerouane. Soldiers also stopped the UFDG campaign
outside of Kankan and escorted the delegation out of the city. In
August local officials prohibited Francois Lounceny Fall, chairman of
the United Front for Democracy and Change party, from campaigning in
the Boke region. The local prefect also prohibited Fall from
campaigning in Siguiri.
Connection to Captain Camara, his powerful associates, or the CNDD
often conferred exemptions from taxes and other fiscal obligations.
Four women held seats in the 33-member cabinet appointed by the
CNDD in January. There were four women at senior levels below minister,
and women held leadership positions in three political parties.
The Supreme Court and cabinet leadership included representatives
of all major ethnic 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.
Corruption remained widespread throughout all branches of government.
The World Bank's 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.
During the year the CNDD declared the elimination of corruption a
high priority. On January 13, Captain Camara created the National Audit
Commission to investigate corruption charges against members of the
Conte regime. Commission members reportedly were authorized to
personally retain 10 percent of any recovered funds. The audit process
lacked transparency, and by year's end the commission had not issued
any reports on its activities or released the amount of funds
collected.
The CNDD arrested several members of the former administration
suspected of embezzling state funds. On March 6, four former ministers
of mines--Ousman Sylla, Louceny Nabe, Ahmed Tidiane Diallo, and Ahmed
Kante--were arrested for alleged mismanagement of the government's
mining fund. Captain Camara and other CNDD members presided over the
investigation, which was conducted on national television. Sylla, Nabe,
and Diallo admitted responsibility for the missing funds and agreed to
pay back between 200 million and 500 million Guinean francs ($41,000-
$103,000), according to a repayment schedule. Kante denied any
wrongdoing and remained in jail without trial at year's end.
In May Captain Camara announced the formation of another audit
commission that would review 24 years of the Conte administration and
the first six months of the CNDD regime. However, by year's end this
commission's activities were temporarily on hold.
Public officials were not subject to public disclosure laws.
There is no law providing free access to government information.
The government disseminated some information through radio, national
television, and government-owned print media. Unlike in previous years,
the government did not routinely publicize the deliberations of the
weekly cabinet meetings; however, the junta frequently broadcast
lengthy speeches and deliberations. The national television station
broadcast announcements of presidential decrees and other government
decisions. Most other government information was not available to the
public, and there was no mechanism to request it formally.
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. The government met
with domestic NGO monitors, but it did not respond to their inquiries
or respond to NGO reports and recommendations during the year.
On November 26, HCAD officers arrested Mouctar Diallo, vice-
president of the Organization for the Defense of Human Rights (see
section 2.a). Diallo remained in detention at Camp Alpha Yaya at year's
end following two trial delays.
The government facilitated visits by a number of international
human rights NGOs and generally cooperated with such organizations;
however, none were permitted access to military prisons. The government
generally cooperated with international governmental organization and
permitted visits by UN representatives.
On June 24, HRW recommended that the minister of high crimes and
anti-drugs, Tiegboro Camara, publicly retract his statements
encouraging vigilante justice and the burning of criminals (see section
1.c.). The minister had not responded by year's end.
On October 8, the CNDD established a National Commission of
Investigation (CNEI) to investigate the September 28 massacre. The CNEI
did not include representatives from the opposition, labor unions, or
civil society. On December 16, the head of the CNEI, Siriman Kouyate,
stated that eyewitness accounts of the sexual assaults of women on
September 28 were false. The CNEI did not release an official report by
year's end.
From November 25 to December 4, representatives of the UN
Commission of Inquiry (COI) conducted an investigation of the September
28 massacre. The COI determined that there was sufficient evidence to
suggest that the September 28 violence included ``crimes against
humanity.'' The COI reported that three individuals might be found
personally and criminally liable for those crimes: Captain Camara,
Minister Tiegboro Camara, and Lieutenant Colonel Diakite Toubma. There
was no official government response to the COI findings by year's end.
The government has several mechanisms for addressing human rights
issues, including a national directorate within the ministries of
justice, defense, and interior. However, these organizations did not
conduct investigations during the year.
Due to lack of funds, an independent commission of inquiry,
established in 2007 to investigate human rights abuses committed by
security forces during the 2007 general strike, did not formally start
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 government did not enforce these
provisions uniformly.
Women.--Rape is a criminal offense but was rarely prosecuted.
Spousal rape is neither punished nor regarded as a criminal offense.
Social beliefs and fear of being ostracized prevented most victims from
reporting incidents of rape. According to a 2003 study, victims of
sexual assault constituted more than 20 percent of women treated in a
local hospital. Experts reported that the situation 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 of the nature of these crimes and promote increased
reporting. The authorities were reluctant to pursue criminal
investigations of alleged sexual crimes. There were no reports of
prosecutions against rapists.
Domestic violence against women was common, although estimates of
its prevalence were unavailable. Due to fear of stigmatization and
reprisal, women rarely reported abuse except at the point of divorce.
Wife beating is not addressed specifically within the law, although
charges can be filed under general assault, which carries penalties
ranging from two to five years in prison and fines ranging from 50,000
to 300,000 Guinea francs ($11 to $65). Assault constitutes grounds for
divorce under civil law; however, police rarely intervened in domestic
disputes, and there were no reports of perpetrators being punished.
Prostitution is illegal, but it was widely practiced and generally
tolerated.
In April security forces raided areas in Conakry frequented by
prostitutes and detained numerous prostitutes, their customers, and
uninvolved bystanders. The CNDD shaved the heads of the prostitutes,
who were questioned and paraded on national television. The women, who
were released within the week, were never formally charged.
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 had 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. 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 seek health services for sexually transmitted infections.
The law provides for equal treatment of men and women, and the
Ministry of Social Affairs and Women's and Children's Issues worked to
advance such equality; however, women faced discrimination throughout
society, particularly in rural areas, where opportunities were limited.
Women were not denied access to land, credit, or businesses, but
inheritance laws favor male heirs over female heirs. 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 2007-11 action plan on women's empowerment.
Children.--Citizenship in Guinea can be derived by birth, marriage,
naturalization, or parental heritage.
Exact figures were not available, but the 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, and enrollment rates were significantly
higher than in recent years, although 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, particularly sexual assault, was a serious problem.
Girls between the ages of 11 and 15 years were most vulnerable and
represented more than half of all rape victims.
Ritual murders occurred, although the extent of the practice was
unknown due to cultural taboos and a general unwillingness to speak on
the subject. 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 awaiting trial at year's end.
FGM was practiced widely in all regions among all religious and
ethnic groups, and was performed on girls between the ages of four and
17. FGM is illegal and carries a penalty of three months in prison and
a fine of approximately 100,000 Guinea francs ($22), although there
were no prosecutions during the year. According to a 2005 Demographic
and Health Survey (DHS), FGM prevalence was 96 percent nationwide, a
slight decline from the 99 percent prevalence rate reported in the 1999
DHS. Infibulation, the most dangerous form of FGM, was rarely
performed.
The government continued efforts to eradicate FGM and to educate
health workers on the dangers of the practice; however, there were no
statistics evaluating the success of the program. The government
supported the efforts of the Coordinating Committee on Traditional
Practices Affecting Women's and Children's Health (CPTAFE), a local NGO
dedicated to eradicating FGM and ritual scarring. The CPTAFE reported
high rates of infant mortality and maternal mortality due to FGM.
The number of men and women opposed to FGM continued to increase.
Urban, educated families increasingly opted to perform only a slight,
symbolic incision on a girl's genitals rather than the complete
procedure. The NGO TOSTAN was successful in bringing together many
communities 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. For
example, in June a total of 67 communities in the N'Zerekore region
declared an end to FGM, and by year's end approximately 364 communities
throughout the country had publicly declared an end to FGM, underage
and forced marriages, and other harmful traditional practices.
The legal age for marriage is 21 years for men and 17 years for
women. Although there were no official reports of underage marriage, it
was a problem. Parents contracted marriages for girls as young as 11
years of age in the Fouta and Forest regions. During the year six young
female inmates, who claimed in 2008 to have murdered their husbands in
Kankan after having been forced into marriage, were convicted. No
further information was available at year's end. The CPTAFE, in
conjunction with the government, local journalists, and international
NGOs, continued to run an education campaign to discourage underage
marriage and reported lower rates than in previous years. According to
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.
There were no official statistics available on the number of street
children.
Trafficking in Persons.--Although the law prohibits trafficking in
persons, the country was a source, transit point, and destination point
for trafficked persons. The law carries a penalty of five to 10 years'
imprisonment and confiscation of any money or property received as a
result of trafficking activities. The government did not prosecute or
convict any traffickers during the year.
The HCAD and the Ministry of Social Affairs were responsible for
combating trafficking. The Ministry of Social Affairs chaired the
interagency antitrafficking committee. The level of coordination
between the two ministries was unclear. Accurate statistics were
difficult to obtain because victims did not report the crime, but the
practice was believed to be widespread. Children were the primary
victims of trafficking, and internal trafficking was more prevalent
than transnational trafficking. Within the country, girls were
trafficked primarily for domestic servitude and sexual exploitation,
while boys were trafficked for forced agricultural labor and as forced
beggars, street vendors, shoe shiners, and laborers in gold and diamond
mines. Some men were also trafficked for agricultural labor within the
country.
Girls from Mali, Sierra Leone, Nigeria, Ghana, Liberia, and Senegal
were trafficked into the country for domestic servitude and sexual
exploitation. Guinean women and girls were trafficked to Nigeria, Cote
d'Ivoire, Benin, Senegal, Greece, and Spain for domestic servitude and
sexual exploitation. Chinese men in the country trafficked Chinese
women for commercial sexual exploitation. Networks also trafficked
women from Nigeria, India, and Greece through the country to the
Maghreb countries and Europe.
On February 3, Captain Camara issued a declaration giving security
personnel blanket authority to shoot anyone caught trafficking
children; however, there were no such shootings during the year.
In March Alpha Samba, a 12-year-old Sierra Leonian boy escaped
after being kidnapped, drugged, and transported from Sierra Leone to
Kindia. On March 4, a judge ruled that Samba was a victim of
trafficking and authorized the NGO Sabou Guinee, along with the
International Organization for Migration, to care for Samba and locate
his parents. The government repatriated Samba, but his trafficker had
not been apprehended by year's end.
In March, according to the NGO Sabou Guinee, four sisters (Kanny,
Saran, Batrou, and Fatou Sangare) were returned to their home in Kankan
after their mother took them to a trafficker in Liberia. No action
against the mother was taken during the year.
In January Liberian authorities handed over a trafficker suspected
of the July 2008 kidnapping and transporting of 12-year-old Aboubacar
Camara to Liberia. The alleged trafficker was detained in Macenta at
year's end.
There were no arrests or developments in the February 2008 case of
the truck driver who attempted to traffic three children into Liberia
or the March 2008 suspected trafficking of 11 children from Koundara to
Senegal.
The government renewed the National Action Plan to Combat
Trafficking in Persons at the beginning of the year; however, there
were no resources to implement the plan. During the year the National
Committee to Combat Trafficking did not take actions to implement the
2005 agreement with Mali to combat trafficking in both countries.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 government had
not mandated accessibility for persons with disabilities, and buildings
and vehicles remained inaccessible. Few persons with disabilities
worked in the formal sector; some worked in the informal sector in
small family-run businesses, and many lived by begging on the streets.
The Ministry of Social Affairs is responsible for protecting the rights
of persons with disabilities, but it was not effective in practice.
In March the UN reported that military personnel forcibly removed
approximately 180 families with members with disabilities from their
shacks in downtown Conakry near a mosque where they begged. Prior to
their removal, representatives of the group reportedly asked the
Ministry of Social Affairs to intervene on their behalf with the
government or relocate their families.
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 in the Forest Region and throughout
the country. Conakry and other large urban areas such as Kankan and the
Forest Region were ethnically heterogeneous.
While the law prohibits racial or ethnic discrimination, ethnic
identification was strong.
Mutual suspicion, both inside and outside the government, affected
relations across ethnic lines. Widespread societal ethnic
discrimination by members of all major ethnic groups was evident in
private sector hiring patterns, in the ethnic segregation of urban
neighborhoods, and in the relatively low levels of interethnic
marriage. Under CNDD leadership, a disproportionate number of ethnic
Forestiers started receiving special privileges, such as better access
to government jobs and contracts. This practice contributed to
resentment on the part of other ethnic groups.
The major opposition parties had readily identifiable ethnic and
regional bases. For the UPR and UFDG, the ethnic base was Peuhls, while
for the RPG, it was the Malinke.
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. 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.--Reports of 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 husband died of AIDS.
Doctors and health workers routinely disregarded medical
confidentiality standards resulting in widespread distrust of testing.
During the year a domestic worker in Conakry was fired after her
physician reported her November 2008 HIV test results to her employer.
The employer also informed the community of the results to prevent
future employment of the worker.
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. However, a ban on union
activity imposed by the CNDD in December 2008 was in place until March
14 and was imposed again on September 30. The ban remained in place at
year's end.
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 is
executed through the Office of the Inspector General of Work within the
Ministry of Labor (MOL). In practice, however, employers can impose
binding arbitration. The law prohibits strikes in essential services,
including hospitals, police, the military, transport, radio and
television, and communications.
Unlike in the previous year, the government did not break up
strikes with violence. 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.--Under the labor
code, representative workers' unions or union groups may organize in
the workplace and negotiate with employers or employer organizations,
and workers exercised this right in practice. The law protects the
right to bargain collectively 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.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law specifically
prohibits forced or compulsory labor, including by children; however
there were reports that child labor was a problem.
Gold and diamond mines routinely exploited minors who worked long
hours extracting, transporting, and cleaning the minerals. Local NGOs
reported that children lived in extreme conditions without water and
electricity. Diseases and illnesses were common and there were reports
of children being denied contact with family members. A 2006 study by
the NGO AGRAAD reported that 45 percent of the workers at the Dandano
gold mine were children ranging in age from seven to 16, approximately
30 percent of whom were working with an adult relative in the mine.
The law prohibits the exploitation of vulnerable persons for unpaid
or underpaid labor. Violations carried a penalty of six months' to five
years' imprisonment and a fine of approximately 50,000 to 382,500
Guinea francs ($11 to $83). However, the government did not enforce
this provision in practice.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
general labor code and the child code have specific provisions that
pertain to child labor; however, the government did not enforce the
laws effectively. Child labor was a serious problem and government and
NGO sources indicated that exploitative child labor was common.
By law the minimum age for employment is 16 years. Apprentices may
start to work at 14 years of age. Workers and apprentices under the age
of 18 are not permitted to work at night, for more than 10 consecutive
hours, for more than 12 consecutive days, or on Sundays. The labor code
also stipulates that the MOL maintain a list of occupations in which
women and youth under the age of 18 cannot be employed. In practice
enforcement by ministry inspectors was limited to large firms in the
modern sector of the economy.
According to a 2007 HRW report, nearly all children engaged in some
type of work, many in the worst forms of child labor. Child labor
occurred most frequently in the informal sectors of subsistence
farming, small-scale commerce, and mining. Many children were exploited
or enslaved as domestics in the urban sector, as miners, or as
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 government did not take action when prostitution of minors was
brought to its attention, and it did not actively 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.
At an artisanal gold mine in Siguiri, a foreign observer noted
hundreds of children working and exposed to extremely hazardous
environmental conditions, including working in and around mine shafts
that were approximately 160 feet deep. Children worked with no
protective clothing and were injured from accidental falls into the
shafts.
Many young Muslim children sent to live with a Koranic master
(marabout) for instruction in Arabic, Islam, and the Koran worked for
the teacher as payment. Rural families often sent children to Conakry
to live with family members while they attended school. If the host
family was unwilling or unable to pay school fees, the children sold
water or shined shoes on the streets, and the host family took the
money in exchange for their room and board or simply used the child as
a cheap source of domestic labor.
Although statistical data was unavailable, there were reports that
children were sold into exploitative labor through child trafficking.
The former Conte government spoke out against child labor but
lacked the resources and enforcement mechanisms to combat the problem.
The MOL is responsible for enforcing child labor laws, but it conducted
no child labor inspections or investigations and prosecuted no court
cases during the year.
e. Acceptable Conditions of Work.--The labor code allows the
government to set a minimum hourly wage enforced by the MOL; however,
the government did not exercise this provision, nor did it promote a
standard wage. Prevailing wages routinely did not provide a decent
standard of living for a worker and family.
The labor code mandates that regular work should not exceed 10-hour
days or 48-hour weeks, and it also mandates a period of at least 24
consecutive hours of rest each week, usually on Sunday. Every salaried
worker has the legal right to an annual paid vacation, accumulated at
the rate of at least two workdays per month of work. There also are
provisions in the law for overtime and night wages, which are fixed
percentages of the regular wage. In practice authorities rarely
enforced these rules. The government rarely monitored employers' work
practices or sanctioned them for failure to follow the law.
Teachers' wages were extremely low, and teachers sometimes went six
months or more without pay. Salary arrears were not paid, and some
teachers lived in abject poverty.
The labor code contains general provisions regarding occupational
safety and health, but the government has not established a set of
practical workplace health and safety standards. Moreover, it has not
issued any orders laying out the specific requirements for certain
occupations and for certain methods of work that are called for in the
labor code. The MOL is responsible for enforcing labor standards, and
its inspectors are empowered to suspend work immediately in situations
hazardous to health. Enforcement efforts were sporadic.
In early May the Siguiri gold mine collapsed; 13 adult miners were
killed and an unknown number were injured. Local authorities had
recognized that the mine was dangerous and had discouraged the miners
from accessing the area; however, the miners had returned at night to
work the mine.
Working conditions were worse in the private sector, excluding
banking, insurance, and other similar institutions.
Under the labor code, all workers, including foreign and migrant
ones, have the right to refuse to work in unsafe conditions without
penalty; however, many workers feared retaliation and did not exercise
this right in practice.
__________
GUINEA-BISSAU
Guinea-Bissau is a multiparty republic with a population of
approximately 1.7 million. On July 26, Malam Bacai Sanha of the African
Party for the Independence of Guinea and Cape Verde (PAIGC) was elected
president in elections that international observers declared free and
fair; Carlos Gomes, Jr., was appointed prime minister on January 2 by
former president Joao Bernardo Vieira. The presidential election
followed the March 2 assassination of former president Vieira by the
military as revenge for the bombing death a few hours earlier of former
armed forces chief of staff General Jose Batista Tagme Na Waie. Speaker
of Parliament Raimundo Pereira served as interim president between the
assassination and Sanha's election. During the year members of the
military were responsible for assassinating the president, the former
armed forces chief of staff, a member of parliament, and a presidential
candidate, providing further evidence that civilian authorities did not
maintain effective control of the security forces.
Human rights abuses included the following: arbitrary and
politically motivated killings; beatings and torture; poor conditions
of detention; arbitrary arrest and detention; lack of judicial
independence and due process; interference with privacy; journalist
intimidation; widespread official corruption, exacerbated by suspected
government involvement in drug trafficking, and impunity; 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.--The government or
its agents committed arbitrary or unlawful killings, including killings
that were politically motivated.
On March 1, the armed forces chief of staff, General Jose Batista
Tagme Na Waie, was killed when a bomb detonated under the stairway
leading to his office in military headquarters. On March 2, hours after
the assassination of Na Waie, soldiers under the command of Colonel
Antonio Indjai tortured and then hacked to death with machetes
President Vieira in what was generally considered retaliation for the
killing of Na Waie. Navy commander Jose Zamora Induta initially said
the president was shot after admitting that he ordered the killing of
Na Waie, although Induta subsequently denied any connection between the
killings. Observers noted that the longstanding tension between Vieira
and Na Waie had increased due to Na Waie's November 2008 accusation
that Vieira was involved in the drug trade. It was unclear whether the
killings were linked to the growing cocaine trade out of West Africa,
but Vieira and senior military officers had been accused of profiting
from it.
The government convened a national commission of inquiry that
launched its investigation of the Vieira and Na Waie killings on March
11, but no one was identified or charged for Vieira's or Na Waie's
killings by year's end.
On June 5, military personnel beat, shot, and killed National
Assembly deputy Helder Proenca, his bodyguard, and his driver on the
outskirts of Bissau. Proenca, who had been accused on June 5 by Colonel
Samba Djalo, chief of the Military Information and Security Service, of
plotting to overthrow the government, reportedly was killed while
resisting arrest. On November 20, the state attorney general filed a
criminal complaint against Djalo; however, no perpetrators were
formally identified or punished for Proenca's death by year's end.
Also on June 5, soldiers shot and killed presidential candidate and
national assemblyman Baciro Dabo in his bed. The soldiers accused Dabo
of being involved with Proenca in plotting to overthrow the government.
No perpetrators were identified or punished for Dabo's death by year's
end.
There were no developments in the April 2008 killing of a judicial
police officer by security forces.
During the year Alexandre Tchama Yala, the suspected leader of a
November 2008 coup attempt in which two presidential guards were
killed, escaped detention, and was rumored to be at large in Bissau at
year's end.
There were no developments in the case of the 2007 execution-style
killing of former commodore Lamine Sanha.
Unexploded ordnance resulted in four deaths and 10 injuries 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 security forces did not always respect this
prohibition. The government did not punish members of the security
forces who committed such abuses.
On March 2, military personnel reportedly tortured former president
Vieira before killing him in his home (see section 1.a.).
On March 23, military members forcibly removed lawyer Pedro Infanda
from his office in Bissau to a military installation, where he
reportedly was beaten and tortured for four days, denied medical
treatment, and released. Infanda had stated in a March 23 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
those responsible for the torture and abuse.
On April 1, soldiers beat former prime minister Francisco Fadul
during his detention at armed forces headquarters. Faustino Imbali was
arrested on June 5 and held without charge for two months after calling
on the government to hold accountable security force members
responsible for the military assassinations of then president Vieira
and then armed forces chief of staff Na Waie, and for characterizing
the assassinations as a de facto coup.
On October 14, journalist Mario de Oliveira was verbally abused and
beaten 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.--There were no prisons or
detention centers in which to incarcerate convicted criminals and
suspects, and the government detained most prisoners in makeshift
detention facilities on military bases in Bissau and neighboring towns.
Conditions of confinement were poor. Detention facilities generally
lacked running water and adequate sanitation. Detainees' diets were
poor and medical care was virtually nonexistent. Pretrial detainees
were held together with convicted prisoners, and juveniles were held
with adults.
The government permitted some independent monitoring of detention
conditions by local and international human rights groups. During the
year representatives from the UN Peace- Building Support Office in
Guinea-Bissau (UNOGBIS) visited prisoners. 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 repeated visits.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions; however, security forces 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 in
nine different police forces reporting to seven different ministries.
The approximately 100 officers of the judicial police, under the
Ministry of Justice, have primary responsibility for investigating drug
trafficking, terrorism, and other transnational crime, while the 1,300
members of the public order police, under the Ministry of Interior, are
responsible for preventive patrols, crowd control, and conventional
maintenance of law and order. Other police forces include the state
information service, the border service, the rapid intervention force,
the maritime police, and other groups.
Police were ineffective, poorly and irregularly paid, and corrupt.
Police could not afford fuel for the few vehicles they had, and there
was a severe lack of training. Police in Gabu received more equipment
during the year but had received no formal police training since 1996.
However, judicial police received narcotics investigative training in
Brazil, Cape Verde, and Portugal. 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 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 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. However, during the year members of the military
assassinated the president, the armed forces chief of staff, a member
of parliament, and a presidential candidate (see section 1.a.). After
the assassination of Na Waie, members of the military usurped the chain
of command and imposed naval captain Jose Zamora Induta as the interim
armed forces chief of staff and Colonel Antonio Indjai as his deputy.
Induta and Indjai were formally appointed by presidential decree on
March 15.
Soldiers also released imprisoned soldiers who were suspects in the
November 2008 coup attempt. Following the July 2008 grounding at Bissau
airport of a plane suspected of transporting narcotics, members of the
armed forces tampered with evidence and interfered with the
investigation.
Military members also tortured and arbitrarily detained political
opponents during the year.
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.
Criminal suspects, particularly immigrants, were sometimes arrested
without warrants.
On March 23, military members arbitrarily arrested Pedro Infanda,
who was subsequently tortured (see section 1.c.).
On April 1, soldiers arbitrarily arrested and beat Francisco Jose
Fadul, the former president 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 trial; however, few detainees remained
in custody for longer than one year. Most left before the conclusion of
their trials as a result of inadequate detention facilities, lack of
security, and rampant corruption. The few prisoners who were convicted
seldom remained in custody for more than two years. Prisoners remanded
to their homes due to space constraints in detention facilities often
failed to return to prison.
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 an October 2008 report published by the
International Federation for Human Rights. The attorney general had
little protection from political pressure since the president needs no
other approval to replace the incumbent. Trials were often delayed by
lack of materials or infrastructure, and convictions were extremely
rare.
The judicial branch is made up of the Supreme Court, regional
courts, a financial court, and a military court. The Supreme Court is
the final court of appeal for civilian cases, and the Supreme Military
Court is the final court of appeal for military cases. Regional courts
have both criminal and civil branches. The financial court tries
financial crimes, such as embezzlement, and has jurisdiction over
regional courts. Military courts do not try civilians, although
civilian courts try all cases involving state security, even if the
accused are members of the military. The president has the authority to
grant pardons and reduce sentences.
Traditional practices 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.--On June 5, military officials
arrested State Information Services director General Antero Correira
and held him without charge until his release on July 7. Correira
reportedly had refused to sign a Ministry of Interior communique about
the June 5 killing of Helder Proenca and Baciro Dabo in connection with
a coup plot.
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 generally respected these prohibitions in practice.
However, 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. Security forces detained
persons for exercising their right to free speech, particularly when
they spoke out against military officials or arbitrary killings during
the year. Journalists practiced self-censorship.
On April 1, soldiers entered the home of Francisco Jose Fadul, the
former president and former chief justice of the Audit Court, and
severely beat him and his wife with firearms before stealing many of
their possessions. Fadul had held a press conference on March 30 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.
On March 3, following the assassination of then president Vieira,
the army shut down two private radio stations but reopened them later
the same day.
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.
On October 14, the minister of the interior, Major Samba Djalo,
ordered the arrest of Mario de Oliveira, the director of the newspaper
Donos da Bola, following the publication of a fabricated interview with
Djalo (see section 1.c). After intervention by the Guinea-Bissau Human
Rights League, Oliveira was released after six hours.
There were no developments in the 2007 case in which unknown
persons broke into the home of Radio France Internationale reporter
Allen Yere Embalo, stole his camera, video footage of a report on drug
trafficking, and more than 600,000 CFA ($1,200). Embalo returned to the
country during the year.
There were no developments in the 2007 case against Reuters
journalist Alberto Dabo, who was charged with defamation, abuse of
freedom of the press, violating state secrets, and slander due to his
statement that former navy chief Jose Americo ``Bubo'' Na Tchuto was
involved in drug trafficking.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups 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 generally respected this right in practice. Permits
were required for all assemblies and demonstrations.
Freedom of Association.--The constitution and law provide for the
right of association, and the government generally respected this right
in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Although religious groups require a government license, there were
no reports that any applications were refused.
Societal Abuses and Discrimination.--There was no known Jewish
community, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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. 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 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 is a party to the 1951
Convention relating to the Status of Refugees and its 1967 protocol and
is also a party to the 1969 African Union 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.
The government did not grant refugee status or asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to
peacefully change their government; however, this did not occur during
the year due to the military assassination of the president, the
killing of one presidential candidate, and the arbitrary arrest and
torture of another (see sections 1.a and 1.c).
Elections and Political Participation.--The constitution provides
that an election be scheduled within 60 days of the death of a
president; however, interim president Raimundo Pereira postponed the
first round of the presidential election until June 28, citing lack of
resources. On June 28, PAIGC candidate Malam Bacai Sanha received 39
percent of the vote, and Party of Social Renewal candidate Koumba Yala
received 29 percent, which led in a second round election on July 26.
On that day Sanha won with 63 percent of votes cast. Despite the
violent context in which both rounds were conducted, international
observers characterized the polls as free and fair.
During the year the ruling PAIGC party attempted to restrict
opposition political activity. Formal membership in the dominant party
conferred some informal advantages. The political opposition was
subjected to political violence due to military intimidation, torture,
and killing of politicians, and candidates were not totally free to
campaign as they preferred. Pedro Infanda withdrew from the
presidential race because he feared for his own life following the
killing of candidate Baciro Dabo. The Balanta ethnic group, mainly
through its dominance of the armed forces, dominated the political
system.
In August 2008 former navy chief Na Tchuto fled the country
following an alleged failed coup attempt. He returned to the country on
December 28, sought refuge in the local UN office, and began
negotiations with the government regarding the possibility of going on
trial for his alleged involvement in the coup attempt. Na Tchuto
remained in the UN office at year's end.
The 98-member National Assembly has 10 female members. The Supreme
Court president, three of the 19 government ministers, and one of nine
state secretaries are also women.
All ethnic groups were represented in the government, and the
minority Balanta group dominated the army.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption from
one month to 10 years in prison; however, the government did not
implement the law, and officials frequently engaged in corrupt
practices with impunity.
Official corruption and lack of transparency were endemic at all
levels of government. Members of the military and civilian
administration reportedly assisted international drug cartels by
providing access to the country and its transportation facilities.
Customs officers frequently accepted bribes for not collecting import
taxes, which greatly reduced government revenues. The largely
nonfunctional and corrupt judiciary was unable and unwilling to enforce
the law and investigate corruption cases. Attempts by the attorney
general to investigate corruption were impeded by the armed forces. The
World Bank's Worldwide Governance Indicators reflect that corruption
was a severe problem.
During the year several members of the administrative and
financially autonomous FISCAP agency in the Ministry of Fisheries were
arrested for embezzlement. However, at year's end no one had been
formally charged nor was anyone in custody in connection with this
case.
According to a September 2008 UN report on the country and the
activities of the UN Peace-Building Support Office, the country was
rapidly moving from being a transit hub to a major market place in the
drug trade. A 2008 UN Office on Drugs and Crime (UNODC) report stated
that the country was becoming a strategic link in the transport of
illegal narcotics from South America to Europe, although the UNODC
reported that the volume of drugs transiting through the country
decreased during the year. The failure to interdict suspected narcotics
flights 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. If
judicial police were able to overcome this obstruction, they had no
resources to conduct investigations, no detention facilities to detain
suspects, and no means of transporting detainees to court. Judges and
guards, who went months without receiving salaries, were highly
susceptible to corruption and often released suspected traffickers, who
subsequently disappeared. Judicial officials who displayed
independence, resisted corruption, or attempted to investigate or
prosecute narcotics traffickers were threatened.
During the year attorney general Luis Manuel Cabral launched an
investigation into the military's protection of the crew and seizure of
the cargo of an unauthorized airplane impounded at Bissau airport in
July 2008. At year's end no military or government official had been
charged with any crime relating to this matter. However, on June 4,
Cabral sought refuge in the Angolan embassy after receiving threatening
telephone calls related to the independent investigation into the March
assassinations of the president and armed forces chief of staff.
Public officials are legally required to disclose their personal
finances before the Court of Audits, but the court's authority was
weak.
The National Assembly has an anticorruption committee, which was
inactive during the year.
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. The two major
human rights organizations were the LGDH and the Observation League.
There were reports that NGO workers were harassed during the year.
For example, on April 1, LGDH president Luis Vas Martins reported
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.). In 2007 Martins reported receiving threatening telephone
calls that he believed were linked to his human rights activities.
There were no developments in this case by year's end.
Prior to his assassination on March 1, then army chief of staff
Tagme Na Waie withdrew the arrest warrant against Mario Sa Gomes,
president of the NGO Guinean Association of Solidarity with the Victims
of Judicial Error. Sa Gomes had gone into self-imposed exile in 2007
after calling for Na Waie's dismissal for alleged involvement in drug
trafficking. The case against Sa Gomes officially ended with the March
death of Na Waie, and Sa Gomes remained abroad by choice.
The government permitted visits by UN representatives, including
UNOGBIS personnel. The International Committee of the Red Cross visited
several times. In October the UN issued the 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. There was no government response to the report by year's end.
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. No information on the extent of the
problem was available.
Domestic violence, including wife beating, was an accepted means of
settling domestic disputes. There is no law that prohibits domestic
violence, and politicians 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 are no laws against prostitution and it was a problem.
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.
The law treats men and women equally and prohibits discrimination;
however, discrimination against women was a problem, particularly in
rural areas where traditional and Islamic laws were dominant. Women
were responsible for most work on subsistence farms and had limited
access to education, especially in rural areas. Women did not have
equal access to employment. Among certain ethnic groups, women cannot
manage land or inherit property. Although no data was available, women
reportedly experienced discrimination in employment, pay for similar
work, and owning a business.
Children.--Citizenship is derived by birth within the country and
by parental relation. 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 results in the denial of education
since school registration requires a birth certificate. Lack of
registration does not result in the denial of health services.
Public schooling was free and universal through high school, but
compulsory only through the sixth grade. Teachers were poorly trained
and paid, sometimes not receiving salaries for months, which resulted
in closure of the schools for nearly half of the school year. Children
often were required to help their families in the fields, which
conflicted with schooling. In general there was no difference in the
treatment and attendance of boys and girls, but Islamic schools banned
girls from school.
Violence against children existed but was seldom reported to the
authorities.
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. In September FGM
was performed on a three-week-old baby in Bissau, who subsequently died
from a hemorrhage.
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 someone 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.
Trafficking in Persons.--There are no laws that prohibit
trafficking in persons, and children were trafficked from, through, and
within the country. Boys, known as ``talibes,'' were sent from rural
areas to attend Koranic schools in neighboring countries, primarily
Senegal, where they were exploited, abused, and forced to beg to meet
daily monetary quotas for their Koranic teachers. Other boys were sent
to work in cotton fields in the south of Senegal. Children were
trafficked to work as domestic servants, shine shoes, or sell food on
the street in urban areas. Girls were sometimes exploited as
prostitutes.
According to the local NGO Association of the Friends of Children
(AMIC), there was a general reduction in the number of talibes sent
abroad during the year.
On April 8, AMIC organized the repatriation of 13 children from
Senegal. On June 26, AMIC organized another repatriation of 20 children
from Senegal. During the year 20 children returned from Senegal on
their own accord. During the year six traffickers were captured in
Pirada near the Senegalese border; they had not been tried at year's
end.
Traffickers often were teachers in Koranic schools and were related
to the families of victims. Traffickers typically approached the
parents of young children and offered to send the children for a
religious education where they would be taught to read the Koran.
Parents received no compensation for sending their children and in many
cases paid for the initial travel. In some cases children sent away
were unwanted, especially in second marriages, if the new wife did not
want to raise children from the first marriage.
Laws against the removal of minors, sexual exploitation, abuse, and
kidnapping of minors can be used to prosecute traffickers. Kidnapping
provides for a penalty of between two and 10 years in prison, and rape
carries a penalty of between one and five years' imprisonment. Despite
these laws, the government seldom investigated trafficking cases, and
there were no successful prosecutions of traffickers. Instead
authorities prosecuted parents who colluded with traffickers. Parents
of returned victims had to sign a contract promising not to send their
children away under penalty of jail, and during the year AMIC monitored
the agreement through visits to the households of repatriated
trafficked children and held antitrafficking education programs.
The Ministry of Interior has responsibility for antitrafficking
efforts; however, the government had no national plan to combat
trafficking or the capability to monitor, interdict, or prosecute
traffickers.
There were reports that customs, border guards, immigration
officials, labor inspectors, or local police may have been bribed to
facilitate trafficking; however, no specific information was available.
Government officials, including police and border guards, worked
closely with AMIC and the UN Children's Fund to prevent trafficking,
raise awareness, and repatriate victims. During the year the government
actively assisted in the repatriation of dozens of children from
Senegal. The regional court played an instrumental role during the year
in alerting parents that they would be held legally accountable if they
sent their children to beg in a foreign country. AMIC coordinated
efforts with the government, police, and civil society to prevent
trafficking, help returned victims find their families, and hold
parents accountable in court if their children were retrafficked after
participating in the reintegration program. AMIC also ran a facility
for victims and conducted regular awareness programs on radio stations
in the Gabu area and during visits to villages in source areas. AMIC
and local police worked with religious and community leaders in Gabu
and Bafata. Another program, founded by the local imam of Gabu, held
evening Koranic studies after school as an alternative to the schools
in Senegal.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/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 was no freedom of sexual
orientation. Gay men and lesbians were afraid to be open in their
behavior. There are no laws that criminalize sexual orientation, and
there were no violent incidents or human rights abuses targeting
individuals based on their sexual orientation or identity. There was no
official or societal discrimination based on sexual orientation or
gender identity in employment, housing, or access to education and
health care.
Other Societal Abuses 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. 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 primarily belonged
to independent unions.
The law allows unions to conduct their activities without
government interference and provides for the right to strike, but the
government did not always protect these rights. The only legal
restriction on strike activity was a prior notice requirement. The law
also prohibits retaliation against strikers.
Unlike 2008, there were no reports that security forces 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 antiunion discrimination; however, no
workers alleged antiunion discrimination, and the practice was not
believed to be widespread.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but there were
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are no specific laws that protect children from exploitation in
the workplace, and child labor occurred. The legal minimum age is 14
years for general factory labor and 18 years for heavy or dangerous
labor, including labor in mines; minors are also 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. The incidence of
children working in street trading in cities increased during the year.
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 support families or
because of a lack of educational opportunities. Some children were
partially or completely withdrawn from school to work in the fields
during the annual cashew harvest. The government had not taken action
to combat such practices by year's end.
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.
AMIC, in collaboration with the NGO International Cooperation and
Development, succeeded in rescuing approximately 1,000 child workers.
The NGO Network of Youth was also involved in removing child workers.
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.
The government was four months in arrears in salary payments by
year's end, paying August salaries on December 5. Civil servants went
on strike on October 7 to protest three months of salary arrears.
The law provides for a maximum 45-hour workweek; however, many
employees were forced to work longer hours. The law also provides for
overtime pay, as long as it does not exceed 200 hours per year, and a
mandatory 12-hour rest period between workdays; however, these
provisions were not enforced.
With the cooperation of the unions, the ministries of justice and
labor establish legal health and safety standards for workers, which
the national assembly then adopts into law; however, these standards
were not enforced, and many persons worked under conditions that
endangered their health and safety. Workers, including foreign workers,
do not have the right to remove themselves from unsafe working
conditions without losing their jobs.
*In June 1998 the U.S. Embassy suspended operations in the midst of
heavy fighting in Guinea-Bissau, and all official personnel in the
country were evacuated. This report is based on information obtained
from U.S. embassies in neighboring countries, especially Senegal, from
other independent sources, and from regular visits to Guinea-Bissau by
U.S. officials assigned to the U.S. Embassy in Dakar. The U.S.
Ambassador to Senegal, resident in Dakar, is also accredited to Guinea-
Bissau.
__________
KENYA
Kenya has a population of approximately 39 million. It is a
republic with a mixed presidential and parliamentary system. It 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 1,333 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 President Kibaki retained
his office, and Odinga was appointed to a newly created prime
ministerial position. The parties also agreed to undertake a series of
constitutional, electoral, and land reforms to address underlying
causes of the crisis; these reforms were not completed by year's end.
While civilian authorities generally maintained effective control of
the security forces, there were frequent instances in which the
security forces, particularly the police, acted independently.
The following human rights problems were reported: abridgement of
citizens' right to change their government; unlawful killings, torture,
rape, and use of excessive force by police and the military; mob
violence; police corruption and impunity; harsh and life-threatening
prison conditions; arbitrary arrest and detention; arbitrary
interference with the home; prolonged pretrial detention; executive
influence on the judiciary; restrictions on freedom of speech,
assembly, and of the press; forced return of refugees and societal
abuse of refugees including killing and rape; official corruption;
violence and discrimination against women including female genital
mutilation; child prostitution and labor; trafficking in persons,
including allegations of recruitment of child soldiers to fight in
Somalia, and minors who were internally displaced; interethnic
violence; and lack of enforcement of workers' rights.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were 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.
In February Philip Alston, the UN special rapporteur on
extrajudicial, summary or arbitrary executions, released a report which
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 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. Law enforcement authorities offered no evidence to contradict
reports that police officers perpetrated the shooting deaths. The final
CIPEV report recommended that the government establish a special
tribunal to investigate individuals suspected of such violence;
however, no tribunal had been established by year's end, and the
government had not systematically investigated or prosecuted
individuals suspected of postelection violence through other means.
In March unidentified gunmen, reportedly acting on orders from the
commissioner of police, shot and killed Oscar Kamau King'ara, the
executive director of the local NGO Oscar Foundation Free Legal Aid
Clinic Kenya (OFFLACK), and Paul Oulu, OFFLACK's program coordinator;
the gunmen first blocked King'ara's car at a roundabout. On the day of
the killing, government spokesman Alfred Mutua accused OFFLACK of being
a front for the Mungiki, the country's largest criminal organization,
and criticized OFFLACK's role in providing information on extrajudicial
killings of Mungiki members to the UN special rapporteur. In 2008
OFFLACK reported that police were linked with the continued
disappearance and deaths of suspected Mungiki members. 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, and no credible
investigation had been conducted by year's end.
Security forces continued to claim that police must shoot to kill
to defend themselves when confronted by armed suspects. For example, in
September the media reported that the district commissioner for
Murang'a East District issued a ``shoot to kill'' order against
suspected members of the banned Mungiki criminal organization, and in
October 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.
During the year there were reports that persons died while in
police custody or shortly thereafter, some as a result of torture. In
2008 the Independent Medico-Legal Unit (IMLU), a leading and credible
human rights nongovernmental organization (NGO), reported one death
while in police custody but noted that the actual number was likely
higher; police often did not enter suspects into police custody
records, impeding ability to track such cases.
Police killed numerous criminal suspects during the year, often
claiming that the suspects had violently resisted arrest or were armed.
From January to October, IMLU documented 33 alleged extrajudicial
killings by police officers, the majority of whom were criminal
suspects killed by police during apprehension. Human rights
organizations claimed that police often planted weapons to justify the
killing of criminal suspects during apprehension.
For example, in October police killed five persons traveling in a
``matatu'' minibus in the Githurai area of Nairobi, claiming that they
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 February 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.
During the year more than 25 suspected Mungiki members were killed
by security forces.
No action was taken against security force members responsible for
2008 extrajudicial killings of Mungiki members or the October 2008
killing of a police officer who had cooperated with the KNCHR
investigation of Mungiki killings.
A journalist was abducted and killed during the year (see section
2.a.).
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
demonstrator deaths: the January 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. There also
were no reported developments in the October killing of the police
officer who provided evidence to the KNCHR on extrajudicial killings of
Mungiki members.
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. For example, in April
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.
In August an armed gang killed internationally renowned gemologist
Campbell Bridges when he confronted the group for trespassing on a mine
near Voi. Police arrested six suspects in the case, but Bridges' family
alleged that senior government officials involved in the killing were
not investigated.
There were no reports of developments in the following 2008 cases
of death by mob violence: the February death by burning of two men in
Meru who allegedly robbed a matatu driver, the March stoning of one man
in Imenti South, or the September 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 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 six suspected witches were burned to death in Pokot
District, and six others were killed in Kisii.
b. Disappearance.--Disappearances and politically motivated
abductions occurred during the year.
For example, in January a journalist was abducted and killed (see
section 2.a.).
In September the Muslim Human Rights Forum (MHRF) alleged that five
Muslims suspected by the government of involvement in terrorist
activity were abducted by the Anti-Terrorism Police Unit (ATPU) and
subsequently disappeared. The ATPU denied the allegations.
The KNCHR, 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 and 2007.
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
IMLU, physical battery was the most common method of torture used by
the police.
Human rights organizations, churches, and the press condemned
numerous cases of torture and indiscriminate police beatings. In 2008
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.
Unlike in previous years, there were no reports that police abused
street children.
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 refugee and among asylum seekers crossing into the
country from Somalia. 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 shortage of civilian state prosecutors in the legal system
(73 civilian prosecutors nationwide compared to 350 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 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 the
government established the Truth, Justice, and Reconciliation
Commission (TJRC) whose mandate included the investigation of alleged
cases of torture since independence. However, the TJRC had conducted no
hearings by the year's end.
The government did not investigate alleged cases of torture by
security forces that were documented by IMLU and Human Rights Watch
(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. For example, in June a mob beat three
suspected thieves to death in Nairobi.
Prison and Detention Center Conditions.--Prison and detention
center conditions continued to be harsh and life threatening. A KNCHR
prison assessment during the year concluded that torture, degrading and
inhuman treatment, unsanitary conditions, and extreme overcrowding were
endemic in prisons. Most prisons, particularly men's prisons, continued
to be severely overcrowded in part due to a backlog of cases in the
judicial system. In May 2008 the director of health services for prison
services stated that the country's 90 prisons held 48,000 prisoners but
were designed to hold only 12,000 persons. The WKHRW reported that in
September, Bungoma Prison near Mount Elgon held more than 1,100
prisoners in a facility with a 480-person capacity.
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 the KNCHR documented beatings and assault by
prison staff of prisoners at Nairobi Remand and Meru Women's prisons,
and in April 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.
In 2007 the Legal Resource Foundation released a report which
stated that torture in prisons was commonplace and inflicted openly. Of
948 prisoners from 29 prisons interviewed, 83 percent claimed they were
beaten, and 59 percent witnessed wardens mistreating other prisoners.
Police did not appear to target any particular ethnic, religious, or
social group for torture. Authorities did not take action against those
accused of torture.
Prisoners generally received three meals per day, but portions were
inadequate, and they were sometimes given half rations as punishment.
Water shortages, an issue outside prisons as well, continued to be a
problem.
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 a transgender person alleged abuse by male prisoners and
wardens in Nairobi's Kamiti Prison.
Hundreds of prisoners died annually from infectious diseases spread
by overcrowding, unhygienic conditions, and inadequate medical
treatment. In August, 18 prisoners died of suspected tuberculosis and
pneumonia in Kodiaga Prison in Kisumu. In July 2008 a Ministry of Home
Affairs report on prison conditions estimated that 46 inmates died
monthly because of overcrowding, unhygienic conditions, and poor health
care.
Prisoners were sometimes kept in solitary confinement far longer
than the legal maximum of 90 days. Prisoners and detainees sometimes
were denied the right to contact relatives or lawyers. Family members
who wanted to visit prisoners faced numerous bureaucratic and physical
obstacles, each often requiring a bribe to overcome.
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 July 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.
Some children under the age of four lived with their mothers in the
14 prisons for women. Official data were unavailable, but the Law
Society of Kenya issued a report in December 2008 stating that 281
children lived with their mothers in prisons.
The government permitted visits to prisons by local human rights
groups during the year.
Following the release during the year 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 Antiterrorism Prevention Unit; 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 (KWS), 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 were rarely arrested
and prosecuted for criminal activities, corruption, or for using
excessive force. Authorities sometimes attributed the absence of an
investigation into corruption or an unlawful killing to the failure of
citizens to file official complaints. However, the required complaint
form was available only at police stations, and there was considerable
public skepticism regarding a process that assigned the investigation
of police abuse to the police themselves.
Police also often did not enter suspects into police custody
records, making it difficult to locate detainees. For example, the
civil society organization Bunge la Mwananchi (BLM) reported that when
members were arrested following political forums, they and were often
not booked at police stations.
According to NGOs, the police practice of requiring an exam and
testimony by a single police physician of victims of sexual assault
resulted in substantial barriers to the investigation and prosecution
of sexual violence cases (see section 6). During the year 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 continued to severely inhibit the investigation
and prosecution of major crimes.
The government took some steps to curb police abuse during the
year; the media reported that several dozen police officers were
arrested for petty corruption in the last quarter of the year.
In September, 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; by year's end the government had not
appointed the Police Reform Implementation Commission charged with
overseeing the implementation of the recommended reforms.
There were no developments 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 a member of parliament (MP) in
Kericho.
There were numerous instances in which police failed to prevent
societal violence. In February and March, police failed to prevent the
burning deaths of suspected witches in Pokot and Kisii. In April 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 murder defendants, 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 offences are not eligible for bail
pending trial.
Police often stopped and arrested citizens to extort bribes. Since
few could afford even a modest bribe, many languished in jail unless
family or friends raised the bribe money demanded by police (see
section 2.c.).
Muslim leaders claimed that police indiscriminately arrested
Muslims on suspicion of terrorism and that some suspects subsequently
disappeared, but the police denied this.
There were reports during the year that police arbitrarily arrested
persons demonstrating against the government. For example, in December
police arrested 22 BLM members who were peacefully demonstrating
against a corruption scandal in the Ministry of Education. Despite an
order by the magistrate to release the demonstrators, police held them
in detention for three days over Christmas, during which time they were
alleged to have been deprived of food and water.
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 chief justice, as of August 2007 there was a
judicial backlog of nearly one million criminal cases, resulting in
persons being detained for months before seeing a judge.
Amnesty.--The president releases petty offenders periodically, with
the largest amnesty occurring on December 12, Independence Day;
however, the release is not automatic. According to the Kenya Prison
Service, in 2008 the president amnestied 4,960 prisoners on
Independence Day; the total number amnestied during 2008 was 11,523.
In August 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 2006 the African Peer Review Mechanism, an
African Union (AU) initiative which evaluates AU member states for
conformance with commonly agreed political and economic standards,
reported a ``visible lack of independence of the judiciary.'' In
January 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.
In 2008 the government established a National Task Force on
Judicial Reforms; the task force presented a final report to the
president in August but the report was not publicly released by year's
end.
The president has extensive powers over appointments, including of
the attorney general, chief justice, and appellate and high court
judges. The president can dismiss judges and the attorney general upon
recommendation of a special tribunal appointed by him. Although judges
have life tenure, except for a few foreign judges hired under contract,
the president has authority over judicial appointments.
The court system consists of the Court of Appeals, High Court, and
various levels of magistrate courts, where most criminal and civil
cases originate. The Court of Appeals is the highest court; the chief
justice is a member of both the Court of Appeals and the High Court.
All judges on the Court of Appeals and the High Court are appointed by
the president upon recommendation of the Judicial Service Commission;
magistrates are hired by the commission. The High Court has a criminal
division that handles capital offences and other serious crimes. The
bulk of criminal trials are conducted by magistrate courts, while the
High Court and Court of Appeals also hear appeals. Civil cases may be
heard by any of the courts, depending on the nature of the case.
The constitution provides for Khadhi's courts and states that the
``jurisdiction of a Kadhi's court shall extend to . questions of Muslim
law relating to personal status, marriage, divorce, or inheritance in
proceedings in which all the parties profess the Muslim religion.''
There are no other traditional courts. The national courts used the
traditional law of an ethnic group as a guide in 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.
Military personnel are tried by court-martial, and verdicts may be
appealed through military court channels. The chief justice appoints
attorneys for military personnel on a case-by-case basis. Military
courts do not afford defendants all the rights that civilian courts
provide. Military courts are not empowered to try civilians.
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 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 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, provided it. During the year the government launched a
National Legal Aid Office, but the program was not functional by year's
end.
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 during the year.
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 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 Judicial 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. During the year the attorney
general filed a brief with the High Court arguing that the KNCHR should
be stripped of judicial powers; the court has 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.
Unlike in 2008, there were no reports that security officers raided
homes in the Mount Elgon District, destroying property and setting
houses on fire, in their search for militia members; however, police
raided homes in the Nairobi slums in search of suspected Mungiki
members.
City Council 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 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. 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.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the government sometimes
restricted these rights. During the year security forces killed,
harassed, beat, and arrested members of the media. 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. The
government monitored many types of civil society meetings, and
individuals were not always allowed to criticize the government
publicly without reprisal. In September the speaker of parliament
issued a ruling that the long-standing ``sub judice'' practice which
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.
On January 2, President Kibaki signed into law the 2008 amendments
to the Communications Act; the amendments permitted government
regulation of the media and allowed the information minister to exert
political influence on the Communications Commission of Kenya (CCK),
the media licensing body. Media pressure on the president resulted in
the May withdrawal of the controversial amendments from the
Communications Act, which was signed into law. The CCK, the
government's agency mandated to oversee the implementation of the new
law, circulated new regulations in late September.
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 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 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 December 2007 general elections. Eleven television
stations owned by other media companies and more than 100 radio
stations operated in both rural and urban areas.
The international media operated freely; approximately 120
international correspondents worked in the country, and approximately
100 media organizations reported from Nairobi. There were four
international FM broadcasters in Nairobi: Radio France International,
Voice of America, the British Broadcasting Corporation, and China Radio
International.
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.
In January journalist Francis Kainda Nyaruri was abducted and
killed near Nyamira, Kisii. The KNCHR and IMLU reported that the police
officer investigating the case stated that Nyaruri was killed on the
orders of senior Nyanza police officers in retaliation for Nyaruris'
reporting on police corruption. The Committee to Protect Journalists
and the Overseas Press Club of America subsequently reported that
neither the police nor the attorney general initiated a credible
investigation of the case.
Officials used libel laws to suppress criticism.
During the year 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, initiated a libel case against the Standard Daily
newspaper. No new details were available on these cases by year's end.
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 for
threatening national security. In October the KNDR reported that
journalists reporting on the security sector were often intimidated by
government officials and requested to reveal sources.
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 the International Telecommunication Union statistics for
2008, approximately 8.6 percent of the country's inhabitants used the
Internet.
In July the government announced that all cell phone users must
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.
For example, BLM and the KNCHR reported that police frequently
disrupted weekly political discussions held by BLM on a weekly basis at
Jevanjee Gardens, Nairobi, and at times arrested participants. In
December police arrested and prosecuted 22 BLM members for unlawful
assembly under the Chiefs Authority Act, which stipulates that any
gathering of more than three persons must have government approval.
Police forcibly dispersed demonstrators.
In March, according to IMLU, police beat students with clubs and
guns when breaking up a student demonstration at Kenyatta University,
resulting in 14 documented injuries.
No action was taken against police responsible for injuring six
persons while dispersing demonstrators in Nairobi protesting election
results.
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 2008
Political Parties Act, which increased the fee for registering a
political party to 600,000 shillings ($8,000), resulted in a decrease
in the number of political parties from 138 in 2007 to 47 by year's
end.
The 2002 ban on membership in the Mungiki criminal organization
remained in effect. The Mungiki espoused political views and cultural
practices that are 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.--The constitution provides for freedom of
religion, and the government generally respected this right. There was
considerable tolerance among religious groups; however, some Muslims
believed they were treated like second-class citizens in the
predominantly Christian country.
The government requires new religious organizations to register
with the registrar of societies. The government allowed indigenous
religious organizations to register, although many chose not to do so.
Religious organizations generally received equal treatment from the
government; however, some small splinter groups found it difficult to
register due to their inability to define their status as more than an
offshoot of a larger religious organization.
According to Muslim leaders, authorities rigorously scrutinized the
identification cards of persons with Muslim surnames, particularly
ethnic Somalis, and sometimes required additional documentation of
citizenship, such as birth certificates of parents and even
grandparents. The government stated that the heightened scrutiny was an
attempt to deter illegal immigration rather than to discriminate
against ethnic Somalis or their religion. However, there were reports
that the government arbitrarily arrested Muslim men as terrorist
suspects.
For example, in September the MHRF alleged that five Muslims
suspected by the government of involvement in terrorist activity were
abducted by ATPU and subsequently disappeared (see section 1.b.).
There were no reported developments in the 2008 case of a Lamu imam
arrested on suspicion of aiding the paramilitary training of youths.
Societal Abuses and Discrimination.--During the year tensions
between Muslim and Christian groups occasionally resulted in violence.
The Jewish community was very small, and there were no reports of
anti-Semitic acts.
Witchcraft was illegal but still practiced, and mobs sometimes
killed alleged witches (see section 1.a).
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/irf/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights.
Police routinely stopped vehicles throughout the country and often
engaged in solicitation of bribes at such checkpoints. Ethnic Somalis
were required to provide additional identification. HRW stated that the
government illegally detained and deported ethnic Somalis and
Ethiopians on the assumption they were potential terrorists; the NGO
believed that some of these deportees were Kenyan citizens and legal
residents.
Refugee freedom of movement was severely restricted, and the
government maintained its restriction on travel outside of refugee
camps unless approved by the government and the United Nations High
Commissioner for Refugees (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, 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 President Kibaki
ordered 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 May
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, the Kenya Red Cross Society reported
that 99,198 IDPs resided in transit sites at the beginning of the year.
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 May 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 an October 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.
During the year government eviction and destruction of homes in low
income areas resulted in IDPs. For instance, in July police bulldozed
homes in Githogoro Village, Nairobi, displacing 3,000 residents.
During the year there were many other causes of displacement,
including land disputes and flash floods. Throughout the year 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. During the year 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 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 country is a signatory of this
convention. Its laws minimally provide for the granting of asylum or
refugee status, and the government has established a system for
providing protection to some refugees.
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
reports of forcible returns of Somali asylum seekers throughout the
year; the Kenya-Somalia border remained officially closed, preventing
asylum seekers from legally entering Kenya. Somali asylum seekers
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.
During the year international donors initiated a program to
transfer the responsibility of registering all asylum seekers and
determining refugee status from the UNHCR to the government. The
government also registered refugees in Dadaab camps, located in the
northeastern part of the country; however, many refugees 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 more than 59,000 new arrivals in
the Dadaab camps between January and the end of November, increasing
the camp size to more than 266,000 (the three camps were designed to
accommodate 90,000 refugees). In August the UNHCR requested government
permission to build a fourth camp in Dadaab due to severe overcrowding;
however, as of year's end the government had not responded. Between
August and October the International Organization for Migration (IOM)
transported more than 13,000 newly arrived Somali refugees from the
Dadaab camps to the Kakuma camps to minimize overcrowding.
The UNHCR stopped providing newly arrived refugees with plots in
the Dadaab camps, restricting assistance to limited nonfood items
(plastic sheeting and cooking utensils) and instructions to locate clan
members or search for accommodations in Dadaab refugee camp. Cholera,
meningitis, H1N1, and measles outbreaks were all reported in Dadaab.
Many new refugees reportedly were bypassing Dadaab camps because of the
conditions and continued directly to the Kakuma camp or on to Nairobi.
Despite the policy that all refugees must reside in camps
(encampment policy), slightly more than 45,000 refugees were registered
in Nairobi as of December; however, the UNHCR provided assistance to
these refugees only in exceptional cases. Unofficially, the UNHCR and
NGOs estimated that more than 100,000 refugees resided in Nairobi. The
government did not provide opportunities for local integration;
however, it worked closely with the UNHCR in facilitating refugee
resettlement to other countries.
Security concerns, including rape, banditry, and shooting, remained
problems at both Dadaab and Kakuma refugee camps. Health and social
workers at the camps reported that due to strong rape awareness
programs, victims increasingly reported such incidents, resulting in
improved access to counseling. During the year approximately 249 crimes
were reported in Kakuma refugee camp, including two homicides and three
cases of sexual assault. There were no reported cases of sexual assault
by police in either camp. 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 female genital mutilation (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. The UNHCR requested increased
police presence in the identified troubled areas, as well as increased
patrolling within the refugee camps. Additional police were also
assigned to the camps but not in sufficient numbers.
There were isolated incidents of interclan violence at the Dadaab
refugee camps.
The government required all refugees to remain at UNHCR camps,
which were located near the country's borders with Somalia and Sudan,
unless refugees had been granted permission to attend higher education
institutions, receive specialized medical care outside the camp, or to
leave to avoid security threats.
The government introduced mobile courts to serve the camp
populations, which were fully fledged judicial courts and instrumental
in curbing crime and violence.
The government had not provided temporary protection since 2004 to
individuals who may not qualify as refugees under the 1951 convention
and its 1967 protocol.
Stateless Persons.--During the year 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 reporting 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 jus sanguinis
(based on 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 finding employment.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government through free and fair multiparty elections, and citizens
exercised this right through generally free and fair local and
legislative elections held on the basis of universal suffrage. However,
the manner in which the December 2007 presidential election results
were tallied raised serious doubts as to whether this right was
respected in practice on the presidential level.
Elections and Political Participation.--In December 2007 the
country held local, parliamentary, and presidential elections. 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 were
generally 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 during the year
to evaluate the elections found that the election results were
``irretrievably polluted.'' The commission also reported that the
election results, and especially the presidential election results,
lacked integrity.
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 were sometimes used to
disseminate hate speech that was banned under the election code of
conduct. The KNCHR and other civil society organizations accused the
government of misusing state resources 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
November 2008 and an Interim Independent Electoral Commission (IIEC)
was established in May. In August 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 register, and
several political parties bribed voters in exchange for votes. By
year's end the IIEC had not yet initiated the creation of a new
national voter's register as mandated in the National Accord.
Other reforms mandated by the National Accord and intended to
address the root causes of violence following the 2007 elections (such
as constitutional, judicial, police, and land reforms) were not
completed by year's end.
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 only
10 percent of all parliamentary candidates and held 21 of the 222 seats
in parliament. Women also held seven of 40 ministerial portfolios.
While the constitution does not specify representation for women,
youth, or minorities, it emphasizes gender equality. Moreover, the
constitution provides that 12 nominated parliamentary seats be filled
by parties in proportion to the number of seats held in parliament; six
of the 12 nominated MPs were women.
Section 4. Official Corruption and Government Transparency
Executive and Legislative Corruption.--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 2008 Worldwide
Governance Indicators reflected that corruption was a severe problem.
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.
During the year the media reported on three major corruption cases
linked to the government: one involving oil; one involving education;
and one involving maize. In the oil case, parastatal Kenyan Pipeline
Company directors and employees colluding with executives from the
Triton Oil company allegedly illegally released over 126 million liters
of oil to Triton. The scheme allowed Triton to make large profits
selling oil that it did not own. Since the pipeline company was
responsible for managing those stocks, the government owed creditors up
to 7.6 billion schillings ($101 million) after Triton Oil collapsed. In
the second case, 25 Ministry of Education officials were suspended
after reports that an estimated 174 million shillings ($2.3 million)
were stolen from the Free Education program. Foreign funding was
suspended until those involved have been punished and the money
returned. In the third case, the minister of agriculture, MPs, and
officials from the National Cereals and Produce Board were implicated
in the theft and resale of maize from the strategic grain reserve. In
return for political favors, MPs were allegedly allowed to sell the
grain, which was intended to help ordinary citizens, to millers for
large profits. According to a World Bank report, the scandal cost
citizens more than 22.7 billion shillings ($300 million). A report from
the Anti-Corruption Commission exonerated all of the alleged
participants. No one had been prosecuted in any of these cases by
year's end.
In December 2008 the Kenya Anti-Corruption Commission (KACC) sued
seven current and former MPs for making fraudulent reimbursement claims
for allowances totaling 20 million schillings ($250,000). Among those
accused was Information Minister Samuel Poghisio, who denied taking 2.8
million shillings ($37,000) in 2006 and 2007. Four additional MPs were
sued in January for recovery of false reimbursements totaling 14
million schillings ($187,000). Both cases were 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. By year's
end, according to the KACC, it had recommended 382 cases for
prosecution to the attorney general, including eight ministers, four
MPs, 11 permanent secretaries, seven chairpersons of boards of public
institutions, 65 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 316 of the cases and has 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. In 2007 the NGOs
Name and Shame Corruption Network Campaign and the Center for Law and
Research International claimed the KACC failed to investigate and
prosecute influential persons and criticized its failure to address the
Goldenberg and Anglo Leasing megascandals. Since President Kibaki
assumed office in 2002, no top officials have been successfully
prosecuted for corruption, despite numerous scandals.
In August President Kibaki unilaterally reappointed Aaron Ringera
as the head of the KACC. This action drew widespread outrage 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 KACC since its inception and was widely viewed as
ineffective, voluntarily resigned in September.
Judicial Corruption.--In May the government appointed a
multidisciplinary task force to examine accelerating judicial reforms.
The task force presented an interim report in June and the final report
in August. The report was forwarded to cabinet for approval and once
approved, a bill will be presented to parliament for vote. The main
recommendations included hiring additional judicial personnel,
standardization and automation of court processes, introduction of
small claims courts, introduction of a permanent mechanism to handle
complaints against the judiciary, and additional funding.
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 mainly related to court management.
Police Corruption.--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 were rarely arrested
and prosecuted for criminal activities, corruption, or for using
excessive force. Authorities sometimes attributed the absence of an
investigation into corruption or an unlawful killing to the failure of
citizens to file official complaints. However, the required complaint
form was available only at police stations, and 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
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, following five months of gathering and analyzing
views from the public and security experts.
In September President Kibaki removed Hussein Ali as police
commissioner. Ali was identified as one of the key officials that were
a stumbling block to reforms in the police force in official reports.
His tenure was marred by extrajudicial killings of more than 500
Mungiki members in 2007 and also brutal police killings and human
rights violations during the 2008 postelection violence. This move was
widely hailed as a positive step by society, the NGO community, and
international observers.
In September 2008 the Ministry of Provincial Administration and
Internal Security established a police oversight board to hear public
complaints and recommend disciplinary actions. By year's end the board
was not functional due to a lack of political will and police concerns
that they were not represented.
The Public Officers and Ethics Act require that senior officials
disclose their assets. However, the law does not require that
disclosures be released to the public or the media.
There is no freedom of information law; however, access to
government information, particularly through the Internet, improved.
The government spokesman's briefings were televised, and updates of
many government Web sites were prompt. 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 the year. Human rights activists
also claimed that security agencies conducted surveillance of their
activities.
In February 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 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 August by-elections in cooperation with the
KNCHR and foreign diplomatic missions.
A number of human rights organizations, including the Kenya Human
Rights Commission, IMLU, and 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, and the attorney general
filed a brief with the High Court seeking to strip the KNCHR of its
judicial powers (see section 1.e.).
As required by the National Accord, 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.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
tribe, place of origin or residence, or other local connection,
political opinions, color, creed, or gender. It also provides for
limited rights for the disabled, but does not prohibit discrimination
based on language or social status. 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.
The law establishes a minimum sentence for defilement--defined as a
sexual act with a child involving penetration--of life imprisonment if
the child is under 11 years old, of 20 years if the child is between 11
and 16 years old, and of 10 years if the child is between 16 and 18
years old; a child is any person under 18 years of age. NGO activists
complained that a provision in the law that criminalized false claims
of sexual assault deterred the reporting of sexual offenses.
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 victims
be examined by a police physician; cultural inhibitions against
publicly discussing sex; victims' fear of retribution; police
reluctance to intervene, especially in case cases where family members,
friends, or acquaintances were accused of committing the rape; poor
training of prosecutors; and the unavailability of doctors who might
provide the evidence necessary for conviction.
According to NGOs, police procedures in handling cases of sexual
assault created substantial barriers to the investigation and
prosecution of suspected perpetrators of rape and sexual assault.
Police prosecutors required victims 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 year's end
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
and 2007.
Domestic violence against women was a serious and widespread
problem but often condoned by society and the courts. The penal code
does not contain specific provisions against domestic violence, but
treats it as assault. Police generally refrained from investigating
cases of domestic violence, which they considered a private family
matter. The 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 the Federation of
Women Lawyers, provided free legal assistance to some victims of
domestic violence.
Prostitution is illegal but was widespread. While operating a
brothel is illegal, soliciting prostitution is not a crime. Police
arrested women engaged in prostitution. High rates of prostitution
existed in tourist areas such as Nairobi and coastal tourist areas. A
2006 study report by the UN Children's Fund (UNICEF) estimated that as
many as 30 percent of minor girls ages 12 to 18 engaged in prostitution
to varying degrees in coastal tourist areas.
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. The UN
estimated in 2007 that 39 percent of adult women used contraceptives
regularly. Skilled obstetric and postpartum care was available in major
hospitals, but many women were unable to access or afford these
services. Also in 2007 the UN estimated that 88 percent of women had at
least one antenatal exam, and 42 percent had skilled obstetric care
during childbirth.
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. In 2007 the government pledged to reserve
one-third of civil service positions for women but had not implemented
its pledge by year's end.
The Law of Succession, which governs inheritance rights, provides
for equal consideration of male and female children but terminates the
inheritance rights of widows if they remarry. Moreover, a widow cannot
be the sole administrator of her husband's estate unless she has her
children's consent. The law also allows the Ministry of Justice to
exempt certain communities from the law in deference to tradition,
which in some cases, provides for equal distribution of a man's
property only among his sons. The law allows only males to transmit
citizenship automatically to their spouses and children.
Certain communities commonly practiced wife inheritance, in which a
man inherits the widow of his brother or other close relative,
regardless of her wishes. Other forced marriages were also common.
Although poor and uneducated women were more likely to be inherited or
suffer from property and inheritance discrimination, prominent and
educated women sometimes were victims.
Children.--According to 2007 UNICEF data, only 64 percent of births
in urban areas and 48 percent in rural areas were registered. Lack of
official birth certificates resulted in discrimination in delivery of
public services such as education and health care.
Primary 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. According to 2007
UNICEF data, approximately 79 percent of eligible children were
enrolled in primary school, while only 13 percent of eligible minors
were enrolled in secondary school. Boys outnumbered girls in secondary
education by approximately 25,000 students. Rural families were more
reluctant to invest in educating girls than boys, particularly at
higher levels. Approximately 40 percent of university students were
female.
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.
Teachers often impregnated secondary students, a practice Minister
for Education Sam Ongeri criticized in April. A report released in
November by the Teachers Service Commission found that 12,660 female
students were sexually abused by teachers from 2003 to 2007.
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 during the year 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, with caning the most frequent form of punishment.
The law prohibits FGM, 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 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); and Meru
(42 percent). FGM was less practiced among the Kikuyu and Kamba, with
34 percent and 37 percent respectively. There were public awareness
programs to prevent the practice, in which government officials often
participated.
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 have
instituted ``no cut'' initiation rites for girls as an alternative to
FGM.
In August 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. Newspapers contained
frequent reports of molestation or rape of children by relatives,
neighbors, teachers, police, and clergy. In 2007 the Nairobi Women's
Hospital handled 915 cases of child abuse; however, the stigma attached
to sexual violence made many persons reluctant to report such cases or
seek assistance, and the true rate of occurrence was likely much
higher. NGOs The CRADLE and Care Kenya released a 2006 report entitled
Robbing the Cradle that indicated an increase in child sexual abuse and
a decrease in the age of the youngest victims. The most vulnerable
victims were girls under age 18 and boys ages 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 will apply the provisions of
the 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. During
the year political leaders expressed concern that minors in drought
affected communities were leaving school and being lured to
prostitution to cater for basic needs.
There were reports of children joining gangs and militia and of the
Mungiki gang recruiting young boys from schools. 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 child
homelessness. In 2007 the government began a pilot program to place two
million AIDS orphans with families in 20 districts. In 2007 the program
placed 5,000 children in homes. In 2006 the African Network for the
Prevention and Protection Against Child Abuse and Neglect, a children's
rights NGO, estimated that 750,000 children lived on the streets.
Street children faced harassment and physical and sexual abuse from
police and others, and within the juvenile justice system.
The government operated programs to place street children in
shelters and assisted NGOs in providing education, skills training,
counseling, legal advice, and medical care to girls abused and street
children exploited in the commercial sex industry.
Trafficking in Persons.--The law does not explicitly prohibit all
forms of trafficking in persons, although it criminalizes trafficking
of children and trafficking in persons for the purpose of sexual
exploitation. Persons were trafficked to, from, and within the country.
Laws prohibiting the forcible detention of women for prostitution,
child labor, transportation of children for sale, and the commercial
sexual exploitation of children can also be used to prosecute
trafficking-related offenses.
The country was a source, transit, and destination point for men,
women, and children trafficked for forced labor and commercial sexual
exploitation. Children were trafficked within the country for domestic
servitude, street vending, agricultural labor, and commercial sexual
exploitation, including in the coastal sex tourism industry. During the
year there were reports that ethnic-based criminal organizations and
foreign militia, such as the Somali Al Shabaab, recruited youths,
including those in refugee and IDP camps. Men, women, and girls were
trafficked to the Middle East, other African nations, Europe, and North
America for domestic servitude, enslavement in massage parlors and
brothels, and forced manual labor. Foreign employment agencies
facilitated and profited from the trafficking of Kenyan nationals to
Middle Eastern nations, notably Saudi Arabia, the United Arab Emirates,
and Lebanon, as well as to Germany. Chinese, Indian, and Pakistani
women reportedly transited Nairobi en route to exploitation in Europe's
commercial sex trade.
Brothels and massage parlors in Nairobi continued to employ foreign
women, some of whom were likely trafficked internally. Ethiopian and
Somali nationals were trafficked into and through the country. In June
a Ministry of Labor official reported that 800,000 children were out of
school and working as manual laborers. According to a 2006 UNICEF/
Ministry of Home Affairs research report, between 10,000 and 15,000
girls living in four main coastal resort areas were involved in
prostitution, representing up to 30 percent of all 12- to 18-year-old
girls living in these areas.
Although police continued to investigate trafficking cases in the
country, a database to track trafficking-in-persons cases was not
operational by year's end.
Victims trafficked abroad generally were recruited through
employment agencies under false pretenses. Domestic trafficking victims
were often lured by friends and relatives, who offered them false
promises of marriage, good employment, or access to education. Poor
families were misled into believing that their child was gaining the
opportunity for a better life. Traffickers continued to target poor and
illiterate girls in slum areas to work for little or no pay.
For example, the media reported in May a story about a woman
repatriated to the country after being lured into forced domestic labor
in Saudi Arabia. The woman stated that while in a Saudi detention
center, she met 11 other Kenyan women who had been trafficked for
forced domestic labor.
Trafficking of Asians generally occurred through recognized border
crossing points, using both legitimate and forged travel documents.
However, nationals of neighboring countries were often trafficked using
forged travel documents and entered the country through unmonitored
border crossing points.
The minimum penalty for trafficking for sexual exploitation is 15
years' imprisonment, a fine of up to two million shillings ($27,400),
or both. The minimum sentence for child trafficking is 10 years in
prison and a fine of approximately two million shillings ($27,400).
Fines in practice were limited; jail time was imposed in some cases.
During the year police assisted with international trafficking in
persons investigations in other countries. There were no reports that
the government had received any requests to extradite citizens accused
of trafficking in persons offenses in other countries.
The police antitrafficking unit, in conjunction with other police
formations, has primary responsibility for combating trafficking.
Fourteen community policing and child protection police units were
established but not fully operational by year's end. Police had limited
capacity to track data on trafficking arrests, and no year-end
statistics were available.
In September courts convicted a former managing director for the
Java House coffee company for three counts of defilement and sentenced
him to 15 years' imprisonment. Two codefendents were given 10-year jail
terms for subjecting the three minors to prostitution.
In March 119 parents and guardians of 209 children were charged in
an Eldoret court with abusing their children by removing them from
school and forcing them to work as domestic servants.
There were no developments in the 2008 case of six suspects on
trial for allegedly trafficking 14 children in Bomet and Nandi
districts.
The media reported in July that two men received one year's
imprisonment each in a 2007 case in which an Ethiopian girl was
trafficked into the country by her elder brother and forced into early
marriage.
Government collaboration with NGOs to combat human trafficking
increased. Awareness among government departments continued to grow
during the year, largely due to NGO efforts to study the issue, educate
the media, and inform the public about the problem. The media,
particularly the government-owned Kenya Broadcasting Corporation,
reported cases of suspected human trafficking.
The National Steering Committee to Combat Human Trafficking did not
meet during the year.
The labor unions, in conjunction with the Ministry of Labor and
local NGOs, particularly the Solidarity Center, IOM, and Kenya
Association of Private Employment Agencies, worked to limit trafficking
for forced labor abroad. The coalition developed a code of conduct to
ensure that recruitment is done according to accepted standards and to
educate citizens seeking employment abroad about the dangers of forced
employment.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, or the provision of other state
services; however, the government did not effectively enforce these
provisions. The Ministry of Health is the lead ministry responsible for
implementing the law, but implementation has been slow. The government
has equipped some public buildings with wheelchair ramps, and
wheelchair-accessible elevators and sanitary facilities. The government
assigned each region a sign-language interpreter for court proceedings.
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 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
disproportionately affected by postelection violence, especially in IDP
camps. However, NGOs reported that camp administrators often failed to
recognize those with mental disabilities.
A 2007 study conducted by the KNCHR revealed that many students
with disabilities were denied admission to regular schools, while in
some cases the government declined to fund special schools. The
Education Ministry permanent secretary stated that only 35,000 of the
147,000 children with special needs were enrolled in school, while the
KNCHR commissioner contended that fewer than 10 percent of children
with special needs were enrolled in school. However, the number of
special education teachers who have graduated from the Kenya Institute
of Special Education increased to 9,000 in 2007.
The KNCHR also stated that the Kenya National Examination Council
(KNEC) failed to provide adequate testing facilities and resources for
students with disabilities. KNEC claimed that it provided special
accommodations, such as exams in Braille and in large print for
visually impaired candidates and extra time to complete exams. The
government was developing disability-specific curricula, but the
process was slow because the government failed to allocate sufficient
resources and staff.
National/Racial/Ethnic Minorities.--The population is divided into
approximately 42 ethnic groups, among whom discrimination and
occasional violence were frequent. The 1999 census indicated that Bantu
ethnic groups constituted approximately 67 percent of the population,
of which the Kikuyu and closely related Embu and Meru accounted for 32
percent, the Luhya 16 percent, and the Kamba 10 percent; Nilotic groups
constituted 30 percent, of which the Kalenjin accounted for 12 percent
and the Luo 11 percent; and Cushitic groups--mainly Somalis--
constituted 3 percent of the population. The Kikuyu and related groups
dominated much of private commerce and industry and often purchased
land outside their traditional home areas, which sometimes resulted in
fierce resentment from other ethnic groups. The numerically small and
shrinking South Asian community controlled a disproportionate share of
commerce.
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. Intervention by security forces to reclaim stolen
cattle resulted in police expropriating cattle which had not been
stolen and inflaming 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.
In 2008 the government established CIPEV; it issued a report that
called for the establishment of a special tribunal to try suspected
organizers of postelection violence. By year's end the government had
not established a special tribunal, and the list of suspects prepared
by CIPEV was handed by Kofi Annan to the International Criminal Court
for investigation. According to the director of public prosecutions,
the government prosecuted a number of low level individuals suspected
of having engaged in postelection violence; the cases continued at
years' end.
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: longstanding
grievances over land tenure policies and competition for scarce
agricultural land, the proliferation of guns, the commercialization of
traditional cattle rustling, the growth of a modern warrior/bandit
culture (distinct from traditional culture), ineffective local
political leadership, diminished economic prospects for groups affected
by a severe regional drought, political rivalries, and the inability of
security forces to adequately quell violence. Conflict between land
owners and squatters was particularly severe in Rift Valley and Coast
provinces, while competition for water and pasturage was especially
serious in the northern districts of Rift Valley and Eastern Provinces
and in North Eastern Province.
In private business and in the public sector, members of nearly all
ethnic groups commonly discriminated in favor of other members of the
same group. Some neighborhoods, particularly in slum areas of the
capital, tended to be segregated ethnically, although interethnic
marriage had become fairly common in urban areas.
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 statue 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 advocacy organizations,
such as the Gay and Lesbian Coalition of Kenya, were permitted to
register and conduct activities.
There was frequent and widespread societal discrimination based on
sexual orientation during the year. In 2007 the Council of Imams and
Preachers of Kenya and other civic leaders condemned homosexuality and
argued against legalizing gay marriages. A group in Mombasa created the
Muslim Youth Pressure Group to oppose homosexuality in 2007.
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 to date no socially or politically prominent
individual has admitted being HIV-positive. However, there were fewer
reports of violence against persons with HIV/AIDS.
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 44 unions representing an estimated 500,000 workers, approximately
5 percent of total employment. The law allows unions to conduct their
activities without government inference, including the right to strike,
but this right was not always protected.
The law permits workers to strike, but requires formal conciliation
procedures to have been exhausted and seven days notice to both the
government and the employer. The law permits the government to deny
workers the right to strike under certain conditions. For example,
members of the military, police, prison guards, and the National Youth
Service are prohibited from striking. Other civil servants are allowed
to strike following the seven day notice period.
The Ministry of Labor typically referred disputes to mediation,
fact-finding, or binding arbitration at the Industrial Court; during
mediation any strike is illegal, thus removing legal prohibitions on
employer retaliation against strikers. In practice a Ministry of Labor
referral to dispute resolution nullifies the right to strike.
b. The Right to Organize and Bargain Collectively.--While not
having the force of law, the Industrial Relations Charter (IRC),
implemented by the government, Central Organization of Trade Unions
(COTU), and the Federation of Kenya Employers, gives workers the right
to engage in legitimate trade union organizational activities, and the
government protected these rights. Both the Trade Disputes Act and the
IRC authorize collective bargaining between unions and employers, and
unions and management establish negotiated wages and conditions of
employment.
Security forces cannot bargain collectively but have an internal
board which reviews salaries. Other groups that cannot bargain
collectively, such as health sector workers, have associations, not
unions, which negotiate wages and conditions that match the
government's minimum wage guidelines; however, these agreements were
not legally enforceable. Workers in the military, prisons, and the
National Youth Service and teachers under the Teachers' Service
Commission do not have the right to bargain collectively.
During the year NGOs and trade unionist reported a trend towards
the elimination of permanent positions in favor of casual or contract
labor especially in the EPZ, agricultural, and manufacturing sectors.
One report stated that casual employment grew by 13 percent during the
year, 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 have refused to recognize the union and
resisted its efforts to organize their workers. The law prohibits
employers from intimidating workers; however, some antiunion
discrimination occurred, including in garment plants in the EPZs. The
Industrial Court, a body of up to five judges appointed by the
president, can order reinstatement and damages in the form of back pay
for employees wrongfully dismissed for union activities.
The government voiced its support for union rights but did not
protect them fully. Some unions complained that employers resisted
efforts to establish unions in their factories, even where most workers
indicated a desire for union membership, and that the Industrial Court
and Ministry of Labor and Human Resource Development were ineffective
in compelling employers to comply with the law.
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.
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
(see section 6.).
Forced child labor occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all forms of child labor that are exploitative,
hazardous, or would prevent children under age 16 from attending
school. However, child labor was widespread, particularly in the
informal sector, and children were trafficked for commercial sexual
exploitation and labor. An estimated one million children between five
and 17 years of age--most between 13 and 17 years old--worked;
approximately 773,000 of those children were classified as child
laborers. The employment of children in the formal industrial wage
sector in violation of the Employment Act was rare. Children worked
primarily in the informal sector, which was difficult to monitor and
control. The Ministry of Labor and Human Resources Development
nominally enforced the minimum age statute. The ministry remained
committed to enforcing minimum age statues, but implementation remained
problematic due to resource constraints.
Children under 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 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
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. In addition thousands
of children were exploited in the sex industry. Forced or compulsory
labor by children, such as agricultural labor, prostitution, and
domestic servitude sometimes were initiated by their parents. During
the year there were reports children participated in ethnic-based
militia activity.
The government worked closely with COTU and the International Labor
Organization to eliminate child labor. In 2004 the government prepared
a practical guide to labor inspection and trained labor inspectors and
occupational health and safety officers to report on child labor. In
2006 the government renewed the three-year mandate for the National
Steering Committee on the Elimination of Child Labor, which includes
the attorney general, eight ministries, representatives of child
welfare organizations, other NGOs, unions, and employers. An
Interministerial Coordination Committee on Child Labor, chaired by the
minister for gender and children's affairs, was responsible for setting
general policy.
Many NGOs were active on child labor issues and assisted in the
return to school of child laborers. During the year the government
continued to implement 73 programs for the elimination of child labor
with 25 partner agencies. The partners placed the children in schools,
vocational training institutions, and apprenticeships and supported
income-generating activities for an estimated 10,000 parents. Partners
also provided support to schools for income-generating activities to
help keep children from poor families in school.
UNICEF, the Ministry of Tourism and Wildlife, the World Tourism
Organization, and NGOs continued to work with hotels and tour operators
to increase their awareness of child prostitution and sex tourism. They
encouraged all hospitality-sector businesses to adopt and implement the
code of conduct developed by the NGO End Child Prostitution and Child
Pornography and Trafficking of Children for Sexual Purposes. By year's
end 66 hotels on the coast had signed the NGO's code of conduct. The
Ministry of Tourism and Wildlife's campaign to register villas and
cottages and impose the same requirements as on hotels resulted in an
estimated 1,200 registrations. During the year the Child Protection
Department employed a total of 160 children's officers, an increase of
100 officers over 2008. In 2008 the government's cash transfer program
for orphans and vulnerable children (partially funded by UNICEF)
expanded to reach more than 25,000 children in 17 districts, providing
approximately 500-1,000 shillings ($7-$15) per child per month to help
fund basic needs, including school costs, so that the children would
not have to work. During the year the government expanded the program
to 47 districts serving 43,347 households at an average of rate 600
shillings ($8) child per month.
e. Acceptable Conditions of Work.--Labor laws passed in 2007
established two weeks' paternity leave, increased maternity leave with
full pay from two to three months, and compensated both public and
private employees for work-related injuries and diseases contracted at
work, among other provisions. However, in 2008 employers challenged the
workers' compensation provisions in court. At year's end the case
continued.
There is no national minimum wage. However, the government
established minimum wages by location, age, and skill level. In many
industries the legal minimum wage equaled the maximum wage. The lowest
urban minimum wage was approximately 7,578 shillings ($105) per month,
and the lowest agricultural minimum wage for unskilled employees was
2,536 shillings ($35) per month, excluding housing allowance. In 2007
the Productivity Center of Kenya, a tripartite institution including
the Ministry of Labor, the Federation of Kenyan Employers, and COTU,
set wage guidelines for various sectors based on productivity,
inflation, and cost of living indices. The minimum wage did not provide
a decent standard of living for a worker and his or her family. Most
workers relied on second jobs, subsistence farming, other informal
work, or the extended family for additional support. A large percent of
the labor force worked in the informal sector and were not covered by
these provisions.
The law limits the normal workweek to 52 hours (60 hours for night
workers); some categories of workers had lower limits. The law
specifically excludes agricultural workers. An employee in the
nonagricultural sector is entitled to one rest day per week, and there
are provisions for 21 days of combined annual and sick leave. The law
also requires that total hours worked (regular time plus overtime) in
any two-week period not exceed 120 hours (144 hours for night workers).
The Ministry of Labor and Human Resources Development was responsible
for enforcing these regulations. Violations were reported during the
year. Workers in some enterprises, particularly in the EPZs and road
construction, claimed that employers forced them to work extra hours
without overtime pay to meet production targets. In addition employers
often did not provide nighttime transport, leaving workers vulnerable
to assault, robbery, and sexual harassment. During the year trade
unionists complained that some government labor inspectors were bribed
by employers to avoid penalties for labor violations.
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. During the year DOHSS carried out 1,976 safety audits and
prosecuted 38 companies. In 2008 informal surveys found widespread
hazards such as lack of basic safety equipment and emergency escape
routes. DOHSS occupational safety and health advisers made 405 safety
audits from July 2007 through June 2008. DOHSS prosecuted 29 firms for
violating occupational health and safety regulations during the same
period. 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. DOHSS developed a program to help factories establish the
committees and trained them to conduct safety audits and submit
compliance reports to 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 effectively enforced, and workers were reluctant to risk losing
their jobs.
__________
LESOTHO
Lesotho is a constitutional monarchy with a population of 1.88
million. Under the constitution, the king is head of state but does not
actively participate in political activities. The prime minister is
head of government and has executive authority. In 2007 the governing
Lesotho Congress for Democracy (LCD) party won reelection; domestic and
international observers characterized the election as free and
peaceful. Some other observers, including members of the leading
opposition parties and some nongovernmental organizations (NGOs), felt
it was not entirely fair. Many of the complaints were due to the
complicated manner of allocating proportional parliamentary seats. The
mediation begun by the Southern African Development Community (SADC) in
2007 continued through the efforts of Ketumile Masire, the former
president of Botswana. From October 2008 until July, mediations were at
a standstill. On July 9, Masire returned to Lesotho to deliver a report
on his findings. The report sparked civil society organizations to
begin a new round of talks under the mediation of the Christian Council
of Lesotho. On August 19, talks were again postponed after the LCD
party and opposition parties disagreed about interpretation of the 2007
case of the Independent Electoral Commission (IEC) vs. the Marematlou
Freedom Party (MFP). Although civilian authorities generally maintained
effective control of the security forces, there were unconfirmed
reports of instances in which elements of the security forces acted
independently.
The government generally respected the human rights of its
citizens. However, the following human rights abuses were reported:
torture and physical abuse; poor prison conditions; and lengthy
pretrial detention and long trial delays. Societal abuses included
abuse of spouses and children; restrictions on women's rights;
discrimination against women and persons with disabilities or HIV/AIDS;
and child labor.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings during the
year.
However, during the first eight months of the year, the Police
Complaints Authority (PCA), which monitors and investigates reports of
police abuse, received six complaints of murder and three of deaths of
detainees. Those cases were 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.--Although the constitution and law expressly prohibit such
practices, local media reported complaints that security forces
tortured and abused persons. Newspapers and radio stations reported
several cases of alleged torture by police. For example, in August
local newspapers and private radio stations reported that several male
residents in the rural 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
claims were being investigated by the Police Inspectorate, Complaints
and Discipline Division, at year's end, but no formal charges had been
filed.
At year's end there was no official report available concerning the
2007 case in which three street vendors accused of selling marijuana
filed complaints of assault, unlawful detention, and theft against the
Lesotho Mounted Police Service (LMPS).
In 2007 Lesotho Defense Force (LDF) soldiers detained several men
in connection with an alleged coup plot and a search for weapons that
allegedly had been forcibly taken from military guards at ministerial
residences. Some of the men later gave media interviews in which they
claimed to have been held in secret and incommunicado detention. They
further stated the LDF interrogated them about their connections to the
opposition All Basotho Convention (ABC) party.
In late 2009 the magistrate court dismissed treason charges against
the three soldiers, Major Mokhantso, Captain Ramotso, and Corporal
Majalle. Two remained active duty soldiers in the LDF at year's end.
One was demoted to the rank of captain (from major) following a court
martial; he subsequently retired.
Of the six other men who were granted political asylum in South
Africa in 2007, four returned to Lesotho and two died in exile,
including Makotoko Lerotholi, who died in October. On April 22, there
was an unsuccessful attempt to kill the prime minister. Lerotholi was
the suspected mastermind of the assassination attempt; he died before
the government completed an extradition request.
In March Motlomelo Elias Motlomelo, Mokherane Tsatsanyane, Thabo
Thants'I, and Khotso Lebakeng returned to the country voluntarily and
turned themselves in to police, who questioned and subsequently
released them. On May 4, they held a press conference in Maseru,
stressing that they would be ``staying out of politics.'' No charges
were filed against them.
Prison and Detention Center Conditions.--Prison conditions were
poor, and facilities were overcrowded and in disrepair. Sanitation and
nutrition were poor, and prison facilities lacked bedding. Some
improvements were made in 2008, and renovation of the Maseru Central
and Thaba Tseka District prisons was ongoing. Prisoners received free
medical care from government hospitals and were eligible to vote in
elections. 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) reported that the total
prison population was 2,276, including juveniles. There were 61
juveniles, 50 boys and 11 girls. Under the law, a juvenile is anyone
under 18 years of age. A total of 97 percent of prisoners were male.
When the prison facilities were built, there was no rule about maximum
occupancy. The LCS was uncertain what the maximum number of prisoners
per facility should be. Males are held separately from females.
Juveniles are held in different detention centers, and males are
separated from females within the juvenile detention centers.
The law provides that pretrial detainees and convicted prisoners be
held in separate facilities; however, due to lack of space, pretrial
detainees--who constituted 18 percent of the prison population--were
held with convicted prisoners. Security and military prisoners were
held in a separate facility.
Prison regulations provide for visiting committees made up of
principal chiefs, church ministers, representatives of the business
community, advocates of the High Court, and other citizens. These
committees are authorized to visit any prison without the prior
knowledge of the prison director and generally were allowed to do so.
The committees reported their findings to the prison director as well
as to the general public. Officials from the International Committee of
the Red Cross (ICRC) visited in December.
International human rights groups were permitted to monitor prison
conditions. During the year a committee composed of government
officials and the Lesotho Red Cross visited a number of correctional
facilities to evaluate the level of professional training and
activities available for inmates. The committee concluded that the
inmates received satisfactory professional training and guidance.
Lesotho Red Cross officials visited facilities in December and
concluded that inmates received satisfactory professional training and
guidance.
No further action was taken against prison officials implicated in
the 2007 case involving mistreatment of inmates in the Quthing
District.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The security forces
consist of the LDF, LMPS, and National Security Service (NSS). The
prime minister is the minister of defense and national security, with
direct authority over the LDF and NSS. The LMPS falls under the
authority of the Ministry of Home Affairs and Public Safety.
The LMPS is nationally managed. The country is divided into three
police regions, which are further divided into districts. An assistant
commissioner of police heads each region; senior superintendents head
the districts. Other assistant commissioners are based at police
headquarters. A shortage of human and financial resources limited the
LMPS's effectiveness.
Prison staff are part of the Lesotho Correctional Service, headed
by a commissioner.
The internal affairs organs that address corruption and other
offenses by police are the LMPS Inspectorate, Complaints, and
Discipline Unit and the Police Complaints Authority (PCA). The PCA, an
independent oversight body, monitors police behavior and addresses
grievances against police. These bodies prosecutedsome members of the
security forces. Commonly imposed forms of disciplinary action include
fines, suspension, demotion, or dismissal from service.
Current legislation does not grant the PCA powers of search and
seizure or the authority to summon police officers. Also, local NGOs
have complained that the PCA's inability to initiate cases based on
public complaints limits its effectiveness. Cases are initiated only at
the request of the minister of home affairs and public safety.
Corruption was a problem, as confirmed by LMPS authorities. In
addition to ``theft of exhibits'' (theft or disappearance of evidence
related to a trial proceeding), private transport operators claimed
that police solicited bribes from drivers of taxis and buses who
violated traffic laws. However, no formal charges of police corruption
were made during the year. According to the LMPS Inspectorate,
Complaints and Discipline Unit, from January to August there were six
complaints of abuse, one of unlawful arrest, one of unlawful search,
one of ``theft of exhibit,'' and three of failure to attend to public
reports. Lack of accountability was sometimes a problem. The process of
enforcing police accountability was slow, but internal affairs organs
prosecuted some members of the security forces. More serious offenses,
such as murder, were sent to the High Court via the Office of the
Director of Public Prosecutions.
PCA data indicated that, between January and August, the PCA
received a total of 14 cases. These included six alleged murder cases;
three cases of alleged death in custody; two cases alleging assault;
one unlawful auction of a complainant's vehicle; unlawful release of a
vehicle at an accident scene; and one case of harassment. Seven of the
complaints were submitted to the police; the other seven were under
investigation.
The case against former police superintendent Ramoeletsi, accused
of extorting 980 maloti ($123) from a local woman in 2007 and suspended
that year from the LMPS, was proceeding at year's end.
On June 18, the High Court issued a not guilty verdict in the 2007
case of a deputy police commissioner accused of filing fraudulent per
diem claims. The government appealed, and its appeal was pending at
year's end.
Arrest Procedures and Treatment While in Detention.--The law
requires police to obtain a warrant prior to making an arrest. Suspects
were apprehended openly and brought before an independent judiciary.
Suspects must be informed of charges within 48 hours, and their
families must be notified of any detention. The law allows family
members to visit inmates. However, according to media reports and LMPS
officials, police did not always comply with these provisions in
practice. The law provides for bail, which authorities granted
regularly and in general fairly. Defendants have the right to legal
counsel. Detainees are allowed prompt access to a lawyer; lawyers are
provided for indigents. The Legal Aid Division, under the Ministry of
Justice and Human Rights, offered free legal assistance, but a severe
lack of resources hampered the division's ability to be effective. NGOs
maintained a few legal aid clinics.
Pretrial detention could last months or even years. The backlog was
due to lack of resources, judicial staffing shortages, delay tactics by
defense counsel, and unavailability of legal counsel. The average
length of pretrial detention 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 for
more than 90 days before a trial except in exceptional circumstances.
Amnesty.--The government occasionally granted amnesties on the
king's birthday, Independence Day, or Christmas Day. On July 17, the
King's Birthday, 41 inmates were released early. On September 17, the
Pardons Committee decided how many inmates would be freed during
Independence Day celebrations on October 4; the LCS stated that 245
were released in October.
e. Denial of Fair Public Trial.--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. There is no
trial by jury. Trials are public, but in civil cases judges normally
hear cases alone. Defendants have the right to be present at their
trials and to consult with an attorney in a timely manner; however,
there have been some 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 a legal NGO. Defendants
may confront and question witnesses against them and present witnesses
on their own behalf. A defendant is allowed to present evidence on his
own behalf at the magistrate court, but at the High Court legal
representation is required. Defendants have the right to access
unclassified government evidence during a trial. The government cannot
classify evidence and use it against a defendant. If evidence is going
to be used in court, both the plaintiff and the defendant have access.
Defendants have the right to appeal. A defendant may either be held or
released on bail until sentenced.
In the formal court system, women and men are accorded equal
rights. The 2006 Legal Capacity of Married Persons Act improved the
status of married women, whether married under formal or customary law,
by ensuring that they are no longer legally considered minors. However,
in practice women were sometimes still not accorded their full rights
under the law.
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.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary with jurisdiction over civil matters. Citizens
can freely access the court system to file lawsuits seeking cessation
of human rights violations or a recovery of damages resulting from such
acts. Some administrative remedies are available from the Labor Court,
as stipulated by the Public Services Act. Judicial remedies for such
wrongs are addressed in the constitution. However, in some cases, the
government failed to produce evidence in court and sequester witnesses.
This could damage the claims of the plaintiffs, leading to dismissal of
cases.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution states that ``every person shall be
entitled to respect for his private and family life and his home.''
Although search warrants were required under normal circumstances, the
law provides police with the power to stop and search persons and
vehicles and enter homes and other places without a warrant if the
situation is considered life threatening, if there are security
concerns, or in the case of an emergency. The general public reportedly
did not know that police are required to have a search warrant. A
government source stated that police were known to flaunt their power,
even when in possession of a warrant, and neglected to show warrants to
homeowners. The Criminal Procedure and Evidence Act of 1981 states that
any police officer of the rank of inspector and above can conduct a
search without a warrant.
The Lesotho Times reported that, in May and September, police
raided the homes of three ABC supporters to search for illegal arms but
found none. The men, including one member of Parliament, claimed they
were being harassed because of their affiliation with the ABC. Police
claimed that they had received a tip that the ABC supporters had
weapons.
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.
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 a lack of communication infrastructure and the high cost
of access. The Lesotho Communications Authority (LCA) estimated that
5.1 percent of inhabitants used the Internet 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.
On October 22, students rioted at the National University of
Lesotho over nonpayment of housing allowances for off-campus students.
Police were called in: they opened fire on a group of students. One
student, reportedly not involved in the riot, was killed. Statements
released by the police immediately afterward claimed that she had been
trampled to death, but an autopsy report showed that she was killed by
gunfire. Investigations into the killing began, but there were no
charges filed.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination against members of
religious groups.
There were a small number of Jews, but no practicing Jewish
community. There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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.
According to the Ministry of Home Affairs, 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 use it in practice.
Protection of Refugees.--The laws provide for the government's
granting of refugee status or asylum in accordance with the 1951
Convention relating to the Status of Refugees and the 1967 Protocol
relating to the Status of Refugees, and the government has established
a system to provide protection to refugees. The country is a party to
the 1969 AU Convention Governing the Specific Aspects of the Refugee
Problem in Africa. 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 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 the LCD party won
reelection, claiming 61 of 80 constituency-based seats in the National
Assembly; domestic and international observers characterized the
election as free and peaceful, but major opposition parties and some
NGOs claimed it was not entirely fair due to the complicated manner of
allocating parliamentary seats. Through a 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 in the 2007 election, the most contested
issue was that the ruling LCD party gained an additional 21 seats.
Despite the fact that some legal experts, including those associated
with the SADC mediation process, stated that the memoranda of
understanding clearly circumvented the intent of the constitution, the
Independent Electoral Commission (IEC) accepted the informal alliances.
In July Ketumile Masire returned to Lesotho to deliver his report
on the outcome of the SADC mediation--at a standstill since late 2008.
Masire stated that the ``approach to the matter now taken by the
Government of Lesotho'' was the reason he could no longer continue to
mediate the disagreement. He further stated that the alliances entered
into by the LCD and ABC were wrongly allowed, undermining the mixed-
member proportional electoral model and making it ineffectual. He added
that the LCD's main position--that the High Court has 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.
Masire's report reignited the desire of the opposition parties to
revisit the 2007 allocation of parliamentary seats. On August 5, local
civil society organizations led by the Christian Council of Lesotho
(CCL) and the Lesotho Council of NGOs (LCN) intervened and brought the
opposing sides together for further dialogue.
The talks broke down on August 19, because the two sides still held
different views about the High Court's judgment pertaining to the case
filed by the MFP in 2007, a point of contention central to the dispute.
Other outstanding challenges included the disputed allocation of
proportional representation seats and the status of the official leader
of the opposition in the National Assembly.
The SADC Summit of Heads of State and Government held in Kinshasa,
Democratic Republic of the Congo, in September urged all Basotho
stakeholders to continue to be engaged and mandated the SADC Troika of
the Organ on Politics, Defense, and Security Cooperation, composed of
Swaziland (outgoing chair), Mozambique (current chair), and Zambia
(incoming chair), to monitor the ongoing discussions.
There were 31 women in the 120-seat National Assembly and six women
in the 33-seat Senate. The speaker of the National Assembly, six of 19
government ministers, three of five 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.
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, but no
new high-profile cases of corruption.
The Directorate on Corruption and Economic Offenses (DCEO) is the
primary anticorruption organ and investigates corruption complaints
against public sector officials. The DCEO reported that public
officials were not subject to financial disclosure laws. The DCEO's
official statistical report stated that during the year it received a
total of 115 reports on subjects including bribery, fraud, abuse of
power, embezzlement of public funds, and tender manipulation. Of these
reports, nine were closed, 11 were under preliminary investigation, 22
were referred to the police, 29 were referred elsewhere (to the
Directorate of Dispute Prevention and Resolution or the Labor Court),
32 reports were pending preliminary investigation, and 13 were referred
to the DCEO investigatory division.
In January 2008 the auditor general released an audit of the
country's 2003-04 public accounts. The report stated that the public
accounts suffered from serious errors and omissions which led to
misrepresentation of the government's financial position. Errors
included expenditure misappropriation, lack of ledger accounts
reconciliations, lack of ministerial expenditure and revenue reports
reconciliations, unauthorized excess expenditures, and nondisclosure of
some capital projects. The auditor general stated that the government
needed to confront a weak financial system and address extended delays
in releasing public financial information.
In April the government introduced the Integrated Financial
Management Information System (IFMIS) to help manage government funds
more effectively and ensure accountability. The system encountered
multiple problems; critics said it was introduced too early, before
officials had received the requisite training to operate it. However,
in the fall, a visiting International Monetary Fund team stated that
the problems were minor, the IFMIS rollout was normal, and the system
was functioning correctly.
Although there are no laws providing for access to government
information, and access was limited, 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, and the media complained about the
lack of access to government information.
On August 19, Lesotho's first female police commissioner, Malejaka
Letooane, was sentenced to six months in jail for contempt of court.
According to the magistrate's judgment, Letooane had authorized the
release of a vehicle from police custody contrary to the order of the
magistrate court. Local media reported that the commissioner failed to
appear in court when summoned to explain why she released the vehicle.
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.
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 ($1,250) for contravening government
procurement regulations in 2007. The defendant appealed, the Court of
Appeal confirmed the High Court judgment, and Lebotsa paid the fine.
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 major human rights NGOs were the Transformation Resource
Center, LCN, the Development for Peace Education, and the Catholic
Church Justice and Peace Commission. According to LCN, there was
regular collaboration between the government and NGOs at the
ministerial level. NGOs participated regularly and made policy
recommendations to the government. These NGOs operated independently,
without government restrictions. The government cooperated with
international governmental and humanitarian organizations, such as the
ICRC. The government did not block release of any reports, and there
were no reports that any international body criticized the government
during the year.
The independent Office of the Ombudsman exists to protect citizens
against infringement of their rights by public and private sector
organizations. The office appeared to function without undue
governmental or political interference. However, the ombudsman was
constrained by a 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 relocated to new areas in
connection with Lesotho Highland Water Project activities, and
compensation for and repairs of houses in communities close to large-
scale development projects.
Section 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 remain 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. Rape was reportedly commonplace; an estimate based on
police national crime statistics indicated that in 2008 there were
1,300 reported cases of rape. Courts heard a number of rape and
attempted rape cases, several of which resulted in convictions.
Domestic violence against women was widespread. An estimate based
on police national crime statistics indicated there were 7,700 reported
cases of domestic violence in 2008. 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 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 legal code does not address prostitution. It was known to occur
in urban areas, but its pervasiveness was unclear.
The law does not specifically prohibit sexual harassment, and
sexual harassment was known to occur in places of work and to be
commonplace elsewhere. The Law Office stated that complaints involving
sexual harassment were not often reported through official channels and
tended to be handled internally, if reported at all.
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 provided equitable access for all,
regardless of status, to reproductive health services. This included
diagnosis and treatment of sexually transmitted infections, including
HIV. In addition, the independent Lesotho Planned Parenthood
Association worked in partnership with the government to provide such
services.
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 law except
in the area of inheritance, which it does not cover. The act further
extends to traditional law and custom and 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 traditional (customary) law, a
married woman was considered a minor during the lifetime of her husband
and could not enter into legally binding contracts without her
husband's consent. Since passage of the new law, the rights of women
have 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 legalized in the civil system.
Government officials publicly criticized customary practice regarding
marriage.
Women's rights organizations took a leading role in educating women
about their rights under traditional and formal law, highlighting the
importance of women's participation in the democratic process. The
Ministry of Gender, Youth, Sports, and Recreation 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 the traditional legal system by a small minority.
Women were not discriminated against in access to employment,
credit, or pay for substantially similar work. Some of the highest paid
positions are held by women, including speaker of parliament, cabinet
ministers, judges, ambassadors, the commissioner of police, government
principal secretaries, the auditor general, certain directors of
government ministries, and the chief executive officers of some public
enterprises.
Children.--According to the Ministry of Home Affairs, 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 are registered by hospitals and
local clinics. Children born in private homes are registered at the
offices of local chiefs, and the information is then transmitted to the
district administrator's office for issuance of birth certificates.
The law provides for the protection of children; however, limited
resources hampered the government's ability to enforce the law fully.
In addition, the rapid rise in the number of AIDS orphans contributed
to child prostitution, child homelessness, child-headed households, and
children at risk of exploitation for labor or other purposes. The
problem of parents getting sick or dying from AIDS was the most
troubling issue facing children in the country.
By law education is universal, although not compulsory, and as of
2006 was tuition-free for grades one through seven. Secondary education
is not free, but the government has scholarships for orphaned and
vulnerable children. The education bill, making free primary education
compulsory for children in grades one through seven, was passed by both
houses of Parliament on November 18.
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 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 children orphaned by HIV/
AIDS. The CGPU indicated that, from January to August, 190 cases of
abuse were reported. These cases included 12 child neglect cases, 15
common assault cases, 20 abduction (forced elopement) cases, and 143
cases of sexual assault. The true number of child abuse cases was
thought to be much greater. The CGPU was active in fighting abductions
for forced marriage.
During the year the news media frequently published reports of
violence at traditional initiation schools, attended mainly by rural
youth. While the activities of these initiation schools were kept
secret, violence against students, teachers, and members of surrounding
communities was reported in newspapers, on the Internet, and on the
radio.
According to media reports, child prostitution was a problem. Young
girls and boys, many of whom were orphans, moved to urban areas to
engage in prostitution. A 2001 UNICEF assessment concluded that child
prostitution in the country was 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 in
prostitution was a growing problem. There were not enough resources
within either the police force or the Department of Social Welfare to
address the needs of children likely to engage in prostitution.
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. The
Sexual Offenses Act sets the minimum age for consensual sex at 18.
Familial stress, poverty, the virulent spread of HIV/AIDS, and
divorce led to a rise in child homelessness and abandonment.
Consequently, according to UNICEF, an estimated 180,000 orphans and
vulnerable children were living on the streets. Street children were
hampered by lack of access to government services, such as medical care
and schooling, and were not informed about their right to receive such
services.
The CGPU had branches in all 10 districts, but lack of resources
restricted its ability to be effective. The CGPU dealt with sexual and
physical abuse, neglected and abandoned children, and protection of the
property rights of orphans.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons; however, the constitution prohibits slavery and
forced labor, and provisions in several other laws could be used to
prosecute trafficking-related offenses. Persons were trafficked to,
from, through, and within the country.
According to a foreign government's current trafficking in persons
report, the country was a source for women and children trafficked for
the purposes of sexual exploitation and forced labor. Victims were
trafficked internally and to South Africa for domestic work, farm
labor, and commercial sexual exploitation. Women and girls were also
brought to South Africa for forced marriages in remote villages.
Nigerian traffickers acquired Basotho victims for involuntary servitude
in households of Nigerian families living in London. Chinese organized
crime units acquired victims while transiting Lesotho and trafficked
them to Johannesburg, where they ``distributed'' them locally or
trafficked them overseas. Identified traffickers in Lesotho tended to
be white, Africaans-speaking men and long-distance truck drivers. Women
and children attempting to support families impacted by HIV/AIDs and
Basotho looking for better employment prospects in South Africa were
most likely to be lured by a trafficker's fraudulent offer of a
legitimate job.
Trafficking offenders could be prosecuted under relevant provisions
of the Child Protection Act of 1980, the Aliens Control Act, and the
Sexual Offenses Act of 2003. They could also be prosecuted for
kidnapping, which is an offense under common law and the Labor Code
Order of 1981, as amended. The government supported women's rights, and
the constitution provides for freedom from slavery and forced labor.
The Ministry of Home Affairs and Public Safety and the CGPU are
responsible for monitoring trafficking in persons. Despite the lack of
legislation, the Ministry of Health and Social Welfare, some NGOs,
immigration officers, and police offered assistance during the year to
suspected victims of trafficking.
The Ministry of Health and Social Welfare offered assistance to
victims of abuse, orphaned and vulnerable children, and suspected or
identified trafficking victims. Domestic and international NGOs
provided some orphanages with supplies and funds to build new shelters
or expand existing shelters, which could also be used to protect and
assist child victims of trafficking.
On July 2, the government established an committee, led by the
Ministry of Home Affairs and Public Safety, to prepare draft
antitrafficking legislation. The committee included representatives
from the Ministry of Foreign Affairs; the Ministry of Gender and Youth,
Sports, and Recreation; the police Child and Gender Protection Unit;
and local NGOs such as Women and Law in Southern Africa, among others.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical and mental disabilities in
employment, education, access to health care, or 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, and such buildings completed
after 1995 generally complied with the law.
Election law provides for assisted voting for persons with
disabilities, which is respected in practice. They are allowed to have
anyone of their choice 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 also trains
teachers to work with students with disabilities. The Skillshare-
government partnership also supported 20 income-generating projects
with a minimum starting capital of 10,000 maloti ($1,250). 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, and general discrimination against gay persons was
not present in the workplace, housing, statelessness, or access to
health care or education. Homosexual conduct is taboo in society, and
is not openly discussed. There were no reports of violence against gay
persons during the year.
Other Societal Violence or Discrimination.--There continued to be
media reports that children orphaned by AIDS, persons with 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 and food to its employees with HIV/AIDS, and such
assistance was available to all citizens at subsidized prices at all
government hospitals.
LDF policy states that if a soldier is found to be HIV positive
after induction, the person is not retired or separated. The soldier is
provided counseling and testing, and duties are adapted as appropriate.
Section 7. Worker Rights
a. The Right of Association.--Under the law workers have the right
to join and form trade unions without prior authorization or excessive
bureaucratic requirements. Workers exercised this right in practice.
All trade unions must register with the registrar of trade unions. The
law prohibits civil servants and police from joining or forming unions
but allows them to form staff associations; both police and civil
servants have established such associations. The law allows unions to
conduct their activities without interference, and the government
generally protected this right. The law provides for a limited right to
strike. In the private sector, the labor code requires a series of
procedures to be followed by workers and employers before a strike is
authorized. However, civil servants are not allowed to strike and
therefore all public sector industrial actions are unauthorized. Both
locally and foreign-owned businesses still lacked a full understanding
of the labor code's provisions regarding the right to form labor
unions.
b. The Right to Organize and Bargain Collectively.--The law
protects collective bargaining and it is freely practiced.
There are no restrictions on collective bargaining; unions are
allowed to bargain for wages above the minimum wage set by the Wage
Advisory Board. However, a majority of employers will bargain only with
unions that represent at least 50 percent of their staff. The Labor
Commissioner's Office reported that the unions were too weak to bargain
effectively. Government approval was not required for collective
agreements to be valid.
The law prohibits antiunion discrimination and other employer
interference in union functions, and the government generally enforced
this prohibition. Textile and apparel unions claimed that members are
sometimes treated unfairly to compel them to leave. The Ministry of
Labor and Employment claimed workers often believed they were dismissed
for union involvement, but investigation revealed that often they were
dismissed on grounds other than for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor; however, there were reports
that men and women were forced to work in domestic work, farm labor,
and commercial sexual exploitation, according to the trafficking in
persons report mentioned in the trafficking subsection. Sources within
the Ministry of Labor and Employment's inspectorate reported that such
practices occurred in private dwelling houses and on small farms or
cattle posts which are outside the scope of the labor code, making them
impossible to inspect.
Children often worked in herding, street vending, car washing, and
domestic servitude, and sometimes as sex workers.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace;
however, these laws only apply to labor in the formal economy. 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 government and
its agents generally enforced these statutes. However, officials in the
Ministry of Labor and Employment's inspectorate stated that child labor
is a problem in the agricultural and other informal sectors, which
child labor laws do not cover. The inspectorate has no mandate to
inspect informal establishments, which are outside the scope of the
labor code.
The labor code defines a ``child'' as a person under the age of 15,
and according to the Bureau of Statistics (BOS) the legal minimum age
for employment in commercial or industrial enterprises is 15 years, or
18 years for hazardous employment. Although the labor code prohibits
child labor in the formal sector, the high unemployment rate, which the
BOS estimated at 22.7 percent, increasing levels of poverty, and the
high prevalence of HIV/AIDS (23 percent) all contribute towards
children working at an early age in order to support themselves and
their families. The majority of trade unions estimated unemployment to
be between 40 and 50 percent. They attributed that to the loss of jobs
in the textile and garments sector, which is the largest formal
employer after the government.
The 2008 Integrated Labor Force Survey preliminary report published
by the BOS stated that 3 percent of children aged 6-14 years were
participating in economic activities, i.e., being paid in cash or in
kind for their labor; this statistic did not include children aiding
their families or others without such compensation. Two of every three
of these children were engaged in subsistence farming, while the rest
were engaged in other economic activities, mainly in private
households. Child labor was higher among male children (86.6 percent of
child workers) than their female counterparts (13.4 percent). This was
true regardless of the type of economic activity considered. In
traditional rural society, rigorous and occasionally dangerous working
conditions for young herd boys were considered a prerequisite to
manhood, essential to the livelihood of families, and a fundamental
feature of local culture beyond the reach of labor laws.
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 occur in herding, street work, domestic
work, and sex work. Most jobs performed by children were often gender-
specific: boys were livestock herders, carried packages for shoppers,
washed cars, and collected fares for minibus taxis; girls were domestic
servants; teenage girls (and a few boys) were involved in prostitution;
and both boys and girls worked as street vendors.
Unlike in the past, there were no reports that young children,
mostly orphaned or deserted, were forced to work very long hours at
cattle posts and were poorly fed.
The labor survey indicates that children working in the streets
typically start at the age of 12. The most common work they do is
selling fruits and vegetables. Children work more than eight hours a
day, which is the maximum stipulated in the law for an adult. They also
work without breaks six or seven days a week. Domestic workers also
start as young as 12 years.
The Ministry of Labor and Employment and the CGPU are responsible
for investigating child labor. However, the Labor Commissioner's Office
indicated that it is difficult to track cases of child labor because
the country does not have any program or strategy specific to child
labor.
The Labor Commissioner's Office indicated that the Ministry of
Labor and Employment, 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.
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 812 to 844 maloti
($101 to $105). Examples of minimum monthly wages for other job
categories include textile worker, 741 maloti ($93); construction
worker, 990 maloti ($124); security guard, 982 maloti ($123); food
service worker, 946 maloti ($118); and domestic worker, 304 maloti
($38).
Minimum wages are updated every October 1, through the amended
labor code minimum wage schedule. The national minimum wage did not
provide a decent standard of living for a worker and family. In
September textile workers asked the parliamentary portfolio committee
(the committee responsible for labor issues) to request that parliament
urgently intervene and help improve their ``miserable working
conditions and meager wages,'' stating that the minimum wage should be
increased to 1,500 maloti ($188) per month.
The Wage Advisory Board determines the minimum wage for different
occupation groups annually. The board includes representatives from the
government, trade unions, and the Employers Association. The minimum
wage is negotiated, taking into consideration the economic situation,
exchange rate, trade matters, and inflation for the year.
Many locally owned businesses did not keep records of employees'
salaries to facilitate labor inspections as required by law. Many wage
earners supplemented their income through subsistence agriculture or
remittances from relatives in South Africa, although these remittances
had declined.
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 was legal as long as overtime wages were paid for
work in excess of the standard 45-hour workweek. The maximum overtime
allowed was 11 hours per week; however, there were exemptions under
special circumstances. Labor laws do not, however, cover the
agricultural and other informal sectors, where most workers are
employed. The Ministry of Labor and Employment's inspectorate stated
that employers did not always enforce these standards. According to the
labor commissioner, employers in the retail sector were the worst
violators. The most common allegations involved ignoring labor
regulations mandating ordinary hours of work, overtime, and public
holidays.
The law requires employers to provide adequate light, ventilation,
and sanitary facilities for employees and to install and maintain
machinery in a manner to minimize injury; larger employers generally
followed these regulations. However, health and safety violations were
common in smaller establishments and some factories. For instance,
textile workers from five factories petitioned the parliament in
September for urgent intervention to improve their ``miserable working
conditions'' in the factories. Among their concerns was an allegation
that factories did not provide face masks, which exposed them to a
health risk.
The labor code requires employers to appoint a registered health
and safety officer to supervise and promote safe conduct at work. They
are also required to have first aid kits and safety equipment and to
provide protective clothing. According to health and safety inspectors
in the Ministry of Labor and Employment, most employers failed to
appoint or train registered health and safety officers. Also, the law
does not specify the contents of first aid kits. With the exception of
the mining establishments, employers' compliance on health and safety
was generally low. In addition, health and safety inspectors stated
that employers in the retail sector were not in full compliance with
health and safety standards, as they had no registered health or safety
officers, complete first aid kits, or protective clothing.
The labor code empowers the Ministry of Labor and Employment 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 done on a
quarterly basis.
The government and private sector implemented voluntary HIV/AIDS
counseling and testing programs in line with Labor Code Act Number 5,
which strengthened existing programs. The Labor Code Amendment Act of
2006 provides for the further development of HIV/AIDS policies in the
workplace. The Ministry of Labor and Employment's HIV/AIDS Support
Group was responsible for the rollout of the Labor Code Amendment Act
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 target sector was transportation.
Working conditions for foreign or migrant workers were similar to
those of residents.
__________
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 UN international police
(UNPOL) have had primary responsibility for maintaining security.
Efforts to select and train personnel for the Armed Forces of Liberia
continued. While civilian authorities generally maintained effective
control of the security forces, there were instances in which elements
of the security forces acted independently.
Mob violence and land disputes resulted in deaths, and ritualistic
killings occurred. Police abused, harassed, and intimidated detainees
and citizens. Prison conditions remained harsh, and arbitrary arrest
and detention occurred. Judicial inefficiency and corruption
contributed to lengthy pretrial detention and denial of due process.
Some incidents of trial by ordeal were reported. The government
restricted the press. Corruption and impunity were endemic through all
levels of government. Violence against women, including rape, was a
problem, and domestic violence was widespread. Some ethnic groups
continued to practice female genital mutilation (FGM). Child abuse and
sexual violence against children were problems, and a few cases of
human trafficking were reported. Racial and ethnic discrimination
continued, and instances of child labor were reported, especially in
the informal sector.
During the year the Truth and Reconciliation Commission (TRC)
completed public hearings, solicited further input from county
representatives and nongovernmental organizations (NGOs), and publicly
released its Final Report to the government on the 1989-2003 civil war.
Volume I, the Preliminary Findings, included a list of ``most
significant'' warring factions and presented key recommendations for
the future.
RESPECT FOR HUMAN 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, on June 29, Senator Sumo Kupee (Lofa
County) was accused of the ritualistic killing of a boy in Bong County.
The Ministry of Justice did not prosecute the senator, citing lack of
evidence, and Kupee remained free at year's end.
On July 14, eight plantation police officers of the Liberian
Agricultural Company beat a man to death. The officers were arrested
and awaiting trial at year's end.
On February 5, Senator Roland Kaine was acquitted due to
insufficient evidence of ordering the June 2008 killings of 21 youths
in Grand Bassa County in connection with a land dispute. Of the 15
others accused in the incident, eight were found guilty and six were
acquitted. Critics charged that the acquittals were a result of a weak
judiciary and cited poor case preparation by the prosecution.
The investigation into the August 2008 incident in which Special
Security Service agents fired on alleged thieves, resulting in one
death, was closed, and no action was taken against the perpetrators.
Land disputes--exacerbated by pressure from returning landowners
and refugees as well as unclear land titles--resulted in numerous
deaths during the year.
There were reports of ritualistic killings, in which body parts
used in indigenous rituals were removed from the victim. The number of
such killings was difficult to ascertain since police sometimes
described such deaths as homicides, accidents, or suicides, even when
body parts were removed. In January women in Bong County complained to
President Sirleaf that ritualistic killings were on the rise, and on
July 13, a high school girl was found dead in Maryland County with body
parts missing. The government treated such killings as homicides and
investigated them accordingly, although there were no prosecutions
during the year. Protests against such killings occurred and sometimes
resulted in riots, injuries, and deaths.
There were continuing reports of mob violence. On June 12, a mob
burned down a police station in Harper, resulting in the death of a
detainee. In August angry mobs in Monrovia beat to death two suspected
criminals.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, but there were
reports that police officers and security officials employed them.
Police sometimes abused, harassed, and intimidated persons,
particularly during attempts to extort money on the streets. Several
cases of reported police brutality were referred to the attention of
police commanders. Fourteen police officers were suspended for
misconduct in May, and five officers were dismissed in August for
unethical behavior.
After a near collision on January 18 between the vehicles of former
government official Prince Toe and House Speaker Alex Tyler, Tyler's
bodyguards allegedly followed Toe to his church, pulled him out of the
building, beat him in front of the speaker, and stole two kilograms of
gold he had in his possession; it was unclear why Toe was taking two
kilograms of gold with him to church. Toe claimed police briefly
detained him after the beating until a local clergyman intervened for
his release. On January 21, the Monrovia Magisterial Court issued a
writ of arrest against Speaker Tyler on charges of aggravated assault
and criminal solicitation; however, the arrest warrant was withdrawn
for ``procedural errors'' after the justice minister intervened. No
action had been taken against Tyler by year's end.
LNP officers abducted and beat an NGO employee (see section 5).
Several incidents involving the alleged abuse and mistreatment by
high-level officials in 2008 came to light during the year. In June
2008 Senator Nathaniel Innis allegedly beat a young woman for making
noise in his neighborhood, and in December 2008 Deputy Minister of
Public Works Roderick Smith allegedly ordered the beating of General
Auditing Commission auditor Winsley Nanka after Nanka demanded more
documents to verify earlier documents submitted by the ministry.
During the year UNMIL completed its investigation into the 2007
beating by LNP officers and UNMIL peacekeepers of students and
journalists. No action was taken against police or peacekeepers.
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. Despite President
Sirleaf's 2007 vow to punish perpetrators of trial-by-ordeal, no
perpetrators were punished during the year.
Mob violence and vigilantism--which resulted in part from the
public's lack of confidence in the police and judicial system--resulted
in injuries.
During the year the UN Office of Internal Oversight Services and
the UNMIL Conduct and Discipline Unit investigated two reports of
sexual exploitation and abuse by UNMIL staff. One case remained under
investigation at year's end; the second ended with the suicide of the
accused perpetrator.
Prison and Detention Center Conditions.--Conditions in the
country's 14 prison facilities were harsh and in some cases life
threatening. Women and juveniles were subject to abuse by guards and
other inmates. Half the country's 1,420 prisoners were held at Monrovia
Central Prison, which operated at four times its capacity due to the
large number of pretrial detainees. The prison population included 14
women and 64 juveniles. Prisons remained understaffed.
Several mass escapes from prison occurred during the year,
including the January 16 escape of prisoners from Sanniquelle Prison,
the April escape of 40 prisoners from the Palace of Corrections in
Zwedru, and the May escape of numerous prisoners from Monrovia Central
Prison. Prison officials blamed collusion by prison guards, and an
investigation was ongoing at year's end.
During the year some counties without adequate prison facilities
transferred their prisoners to Monrovia. The government relied on the
World Food Program and various NGOs to provide food to the prisons. The
UN and NGOs continued to provide medical services. During the year both
the government and international partners continued renovations at
several county prisons. Men and women were held together in some
counties or cities with only one prison cell. In many counties
juveniles and adults were held together, and pretrial detainees were
generally held with convicted prisoners.
The government permitted the independent monitoring of prison
conditions by local human rights groups, international NGOs, 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
permanent representative of the UN Security Council toured Monrovia
Central Prison during the year, and in October the International
Committee of the Red Cross (ICRC) toured all 14 prisons in the country.
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 and maintaining order within the
country and oversees the LNP and the National Bureau of Investigation.
An estimated 10,000 UNMIL peacekeepers and 1,300 UNPOL officers had
primary responsibility for maintaining security. Approximately 500
UNPOL officers and 850 officers in the UN Formed Police Units (armed
foreign police detachments assigned to UNMIL) assisted with monitoring,
advising, and training the LNP. Since 2004 a total of 3,800 LNP
officers, including 300 during the year, have been recruited, screened,
trained, and deployed--primarily to Monrovia; 1,200 of those officers
had deployed to the counties by year's end. The LNP operated
independently and retained arrest authority; however, the Special
Security Service, which is responsible for the security of presidential
and senior government officials, UNPOL, and armed UN Formed Police
Units, accompanied LNP officers in joint patrols around Monrovia. The
LNP Women's and Children's Protection Section (WCPS) continued to
establish offices outside Monrovia during the year.
Members of the Emergency Response Unit (ERU), which was established
in 2008, received specialized training and were armed, unlike most
other LNP patrol officers. The ERU was charged with conducting special
police operations in antiterrorism, hostage rescue, internal security,
tactical anticrime, and search and rescue. The ERU increased its
membership from 139 officers in 2008 to 288 by year's end.
LNP officers were poorly equipped, ineffective, and slow to respond
to criminal activity, which resulted in an increase in armed robberies
during the year. LNP salaries were low and not always paid on time,
contributing to widespread corruption. Police had limited
transportation, logistics, communication, and forensic capabilities and
did not have the capacity to adequately investigate many crimes,
including murders.
During the year the LNP investigated reports of police misconduct
or corruption, and authorities suspended or dismissed several LNP
officers. For example, in August five LNP officers were dismissed for
unethical behavior. On September 3, the chief of patrol was indicted
for looting the house of a private prosecutor who had filed a civil
suit against him earlier.
No action was taken against the deputy commissioner for criminal
investigations or the chief of narcotics, both of whom were indicted by
a grand jury in December 2008 for theft and making false statements.
The chief witness against the deputy commissioner for criminal
investigations was deported on January 9 on national security grounds;
observers attributed the deportation to government efforts to protect
the deputy commissioner.
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,
warrants were not always based on sufficient evidence, and detainees,
particularly those without the means to hire a lawyer, often were held
for more than 48 hours without charge. 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 right is ignored. 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 protect such rights for all detainees.
Police arbitrarily arrested demonstrators (see section 2.b.).
LNP officers attempted to arbitrarily arrest, and subsequently
abducted and beat a staff member of an international NGO (see section
5).
Although the law provides for the right of a person who is charged
to receive an expeditious trial, lengthy pretrial and prearraignment
detention remained serious problems. An estimated 85 percent of
prisoners were pretrial detainees, 600 of whom were released during the
year as a result of the Fast Track Court to reduce prison overcrowding.
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 crime.
Trial delays were caused by judicial inefficiency and corruption, as
well as lack of transport, court facilities, attorneys, and qualified
judges.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judicial system was corrupt
and largely nonfunctional (see section 4). Judges were subject to
political, social, familial, and financial pressures. By law
magistrates must be lawyers; however, most were not. A partial strike
by associate justices of the Supreme Court conducted over three months
exacerbated judicial inefficiency.
The judiciary is divided into four levels, including justice-of-
the-peace courts, magistrate courts, circuit and specialty courts, and
the Supreme Court. In 2005 the Supreme Court ordered the closure of all
justice-of-the-peace courts; however, some still operated during the
year since no replacement courts had been established. The Supreme
Court appointed judges to counties outside of Montserrado County, where
the capital is located, but many judges and magistrates continued to
abandon their posts, preferring to remain in Monrovia. In 2008 the Fast
Track Court was established to relieve prison overcrowding, and
magistrates rotated weekly to serve on this court. The newly formed
military, which adopted a Uniform Code of Military Justice, did not
have a functioning court system.
On February 24, a special court for rape and other forms of sexual
violence opened in Monrovia (see section 6).
Uneven application of the law and the unequal distribution of
personnel and resources remained problems throughout the judicial
system. Some judges were unable to hold court due to lack of security,
supplies, equipment, or a courthouse. There was no effective system to
provide public defenders in rural areas; however, government officials
worked with international aid agencies to set up functional public
defenders, raising the national total to approximately 17 qualified
prosecutors and 13 public defenders; four of the 13 public defenders
were responsible for cases in Montserrado County, where one-third of
the population resided.
Traditional forms of justice administered by clan chieftains and
recognized by the Ministry of Internal Affairs remained prevalent in
some localities. Chiefs, assisted by a jury of elders, dealt with
village problems and conflicts. No written records were kept in
traditional courts, and ``trial-by-ordeal'' was sometimes used to
establish guilt.
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 that worked
on reducing 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.
Property Restitution.--Despite a 2007 ruling that the disputed land
in Nimba County currently occupied by Gio and Mano persons should
revert to the original Mandingo owners, no action had been taken by
year's end to assist the Mandingos in removing squatters. Even persons
who could afford to take land disputes to a court trial had difficulty
removing squatters from their property since judicial enforcement was
weak; efforts to make other acceptable land available were ongoing at
year's end.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the government generally
respected these rights in practice; however, a few journalists were
arrested for criticizing the president, and there were some reports of
security officials harassing journalists during the year.
Individuals could criticize the government publicly or privately
without reprisal.
During the year the government closed two newspapers. In February
authorities closed the New Broom newspaper because it had not
registered with the Ministry of Information. After discussions with the
ministry, the newspaper was allowed to resume publishing, but was
closed again in August for again failing to properly register. In
August the ministry also closed the Bi-Lingual newspaper for improper
registration. Critics charged that the government rarely enforced
registration laws unless a media outlet criticized the government.
In September President Sirleaf sued the New Broom for 357.5 million
Liberian dollars ($7.28 million) for reporting that she had accepted a
bribe of 143 million Liberian dollars ($2.91 million). The president
also called for the closing of the newspaper for ``deliberately and
blatantly'' violating the public trust. The case was pending at year's
end.
In December security forces arrested the publisher and printer of
The Plain Truth newspaper and charged them with sedition and libel
against the president; in a December 9 article the newspaper claimed
that the government was supplying arms to Guinean rebels, a charge the
government characterized as ``beyond human imagination.''
The independent media was 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 elsewhere in the country, newspaper distribution
generally was limited to the Monrovia region.
Unlike in the previous year, there were no reports that individuals
had been bribed to kill newspaper publishers.
During the year the prosecution closed the investigation into the
2007 security force beatings of journalists at the University of
Liberia; no action was taken against the perpetrators.
Radio remained the primary means of mass communication, and
stations operated without government restrictions. UNMIL Radio and Star
Radio provided nationwide coverage. In addition there were 13
independent radio stations that regularly broadcast in Monrovia and
reached neighboring counties, including the government station LBS.
There were approximately 24 community radio stations that provided a
combination of local programs and relay of programs in Monrovia.
On January 12, at the end of a soccer match, police stopped a Radio
Star sports reporter, who had his press credentials in his pocket
instead of on his chest. Police subsequently pushed and kicked the
reporter. When another reporter rushed to the scene and began taking
pictures of the incident, police seized and damaged the camera. The
police officer later apologized.
During a May 13 interview, the senate president pro tempore
objected to questions asked by Truth Radio journalist Solomon Ware,
charging that the questions were offensive. When Ware repeated
questions about prematurely adjourning a legislative session against
the disapproval of the Senate, the president pro tempore struck Ware
with the back of his hand.
There were three local television stations; however, television was
limited to those who could afford to purchase sets, generators, and
fuel to provide electricity. For those persons and businesses with
satellite capability, CNN, BBC, Skynews, Al Jazeera and SABC Africa
generally were available.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. Due
to high cost and lack of infrastructure, less than 1 percent of the
country's inhabitants used the Internet, according to International
Telecommunication Union statistics for 2008. High illiteracy also
limited public exposure to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for the right of peaceful
assembly; however, LNP officers forcibly dispersed demonstrators during
the year, resulting in injuries.
On March 2, police forcibly dispersed demonstrators in Gbarnga and
arrested several persons. The demonstrators, who were protesting an
alleged ritualistic killing, had burned down a police station. Although
there were no civilian injuries, several UNMIL peacekeepers were
injured. Several demonstrators were on trial at year's end for
destruction of property.
Freedom of Association.--The constitution provides for the right of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice. Christianity was the dominant religion, and most meetings,
including official government meetings, began and ended with prayers;
however, both Christian and Muslim prayers were sometimes included.
Islamic leaders complained of discrimination against Muslims.
On August 29, members of the Presidential Task Force to clean up
Monrovia used batons to forcibly disperse Muslim vendors who had set up
food stalls near the Benson Street Mosque in celebration of Ramadan. On
August 30, President Sirleaf apologized for the incident and disbanded
the task force. Sirleaf and the acting mayor of Monrovia, who also
headed the task force, visited the mosque on September 1 and met with
Muslim leaders.
Societal Abuses and Discrimination.--Despite frequent interaction
between the Christian majority and Muslim minority, some tension
existed. The Inter-Religious Council promoted dialogue among various
religious groups.
There were reports of ritualistic killings--the act of killing for
body parts for use in traditional rituals--throughout the country (see
section 1.a.).
There was no significant Jewish community in the country, and there
were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. However, LNP and Bureau of Immigration officers occasionally
subjected travelers to arbitrary searches and petty extortion at
checkpoints.
The government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the government did not use it.
Internally Displaced Persons (IDPs).--The program for permanent
resettlement of internally displaced persons was officially closed in
October 2008, and
there were no reports of IDPs during the year.
Protection of Refugees.--The country is a party to the 1951
Convention Relating to the Status of Refugees, its 1967 Protocol, and
the 1969 African Union Convention Governing the Specific Aspects of the
Refugee Problem in Africa. The government has established a 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 Convention or the 1967 Protocol. The government
generally cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers. During the year
the government assisted 405 refugees from Sierra Leone and provided
them access to naturalization.
Between April 2008 and March 2009 the UNHCR assisted in the
voluntary repatriation of 10,046 Liberian refugees from west African
countries. Since 2004 a total of 168,792 Liberians have returned out of
a total registered refugee population of 233,264.
Land disputes between returning land owners who fled the war and
IDPs who took over their land as well as between villages trying to
accommodate returning refugees resulted in violence and death during
the year.
The trial over the May 2008 killing of two persons in a land
dispute between the residents of Wetchuken Village and Rock Town was
transferred to Zwedru and resulted in the conviction of seven men, who
were serving life sentences at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--In 2005 Ellen Johnson
Sirleaf won the national presidential elections with 59.4 percent of
the vote in a runoff election; voters also selected 30 senators and 64
representatives.
The state is highly centralized. The law provides that the head of
state appoint county superintendents. Local governments had no
independent revenue base and relied entirely on the central government
for funds. As a result there was very limited government functioning
outside of Monrovia. Local officials were provided funds through the
County Development Fund but in many cases these were misused.
During the year the National Elections Commission (NEC) revoked the
licenses of 10 political parties for violating the constitution and
election laws; all 10 had failed to maintain headquarters in Monrovia
and had not presented their financial statements to the NEC. The
leaders of most of the affected parties, known locally as ``briefcase''
parties, lived abroad and only returned to the country prior to
elections. Twenty registered parties remained, although only 10 of them
were represented in the legislature.
There were six female ministers, 12 female deputy ministers, five
women in the Senate, nine women in the House of Representatives, five
female county superintendents, and several female mayors, including the
acting mayor of Monrovia. There were two female Supreme Court associate
justices. Women constituted 33 percent of local government officials
and 31 percent of senior and junior ministers.
On January 29, the nine female members of the House filed a formal
motion of discrimination against Speaker J. Alex Tyler for sidelining
them in his recent reshuffle of committee heads. Male House members
responded by assigning the issue to the dormant and ineffective
Committee on Claims and Petitions. Female legislators then demanded an
open debate in plenary, but the majority of men voted for procedural
motions to prevent such a debate. The women, who vowed not to cooperate
with the men in future House actions, continued to push for a
``fairness bill'' in the legislature, which would require at least 30
percent of the candidates running for legislative seats to be women.
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 2008 Anticorruption Act, which established the Liberian Anti-
Corruption Commission (LACC), does not provide criminal penalties for
corruption, which remained systemic throughout the government. Official
corruption was exacerbated by low pay levels for the civil service,
lack of job training, and a culture of impunity. On October 8, the
auditor-general said that boards of directors of public corporations in
the country were being used as ``cover-ups'' to justify illegal
transactions. The LACC and the Ministry of Justice are responsible for
exposing and combating official corruption, but it was unclear whether
the commission or the ministry had responsibility for prosecuting
corruption cases. The LACC, which had a minimal budget and insufficient
staff, had completed no corruption investigations by year's end.
Judges regularly received bribes or other illegal gifts from
damages that they awarded in civil cases. Judges sometimes requested
bribes to try cases, release detainees from prison, or find defendants
not guilty in criminal cases. Defense attorneys and prosecutors
sometimes suggested that defendants pay a gratuity to appease or secure
favorable rulings from judges, prosecutors, jurors, and police
officers.
Despite her strong emphasis on decentralization, President Sirleaf
urged the legislature during the year to withdraw from allocating and
implementing local development projects financed by County Development
Funds; such funding was intended to support local projects to reduce
poverty. The move to reclaim centralized executive administration of
local development projects was widely seen as a result of inadequate
management at the local level, which often funneled development funds
to support political interests rather than to reduce poverty.
The government dismissed or suspended a number of officials for
corruption. For example, on September 5, President Sirleaf dismissed
the managing director of the state-owned Liberia Petroleum Refining
Corporation (LPRC) after an investigation revealed alleged
irregularities in awarding a no-bid 1.75 billion Liberian dollars ($36
million) concession.
In October President Sirleaf dismissed the assistant superintendent
for development in Grand Cape Mount County, for his alleged
responsibility in the disappearance of more than 4.37 million Liberian
dollars ($90,000) from the Grand Cape Mont County Development Fund. An
investigation was ongoing at year's end.
On April 30, a unanimous jury found former transitional government
chairman Gyude Bryant, Representative Edwin Snowe, Senator Richard
Devine, and two other officials innocent of economic sabotage and
theft. Gyude Bryant was accused of spending almost 49 million Liberian
dollars ($1 million) of LPRC funds illegally. To date, the government
has been unsuccessful in every corruption case it has brought against
present and former officials.
Eleven corruption cases remained pending at year's end, including
the 2007 embezzlement cases of David Zarlee, J.D. Slanger, and former
finance minister Kamara.
During the year the government continued to take steps to improve
transparency. In December the president signed an executive order
protecting whistleblowers, which provides that those who successfully
report on corruption receive 5 percent of the amount retrieved.
The legislature passed a Public Financial Management Act, designed
to reduce financial mismanagement and lack of accountability within
government agencies. The Ministry of Finance published the national
budget and quarterly financial results, and state-owned enterprises
published financial statements. International financial controllers,
placed in key ministries and state-owned enterprises under the
Governance and Economic Management Assistance Program, which began to
phase out operations in September. Controllers helped improve financial
management, purchasing, and contracting practices, and instituted
financial controls that increased government revenues and helped to
curb corrupt practices. However, government ministries and agencies did
not always adhere to public procurement regulations, particularly with
natural resource concessions.
The law requires all elected officials to publicly disclose their
finances, and President Sirleaf began an enforcement campaign during
the year and disclosed her own finances; however; few officials
followed her lead.
The law provides for ``no limitation on the public right to be
informed about the government and its functionaries,'' but little
government information was available, and there were few procedures for
obtaining it.
Section 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.
There were three coalitions of human rights groups: the National
Human Rights Center of Liberia with nine member organizations; the
Network of Human Rights Chapters with eight groups; and the Human
Rights and Protection Forum, an umbrella organization of 70 to 80
groups. Approximately 40 groups, including members of the three
coalitions, formed a civil society collective called the National Civil
Society Organization. These coalitions sought to increase public
discussion of human rights problems. Civil society NGOs continued to
develop.
During the year the government worked to facilitate the free and
safe passage of relief supplies by international NGOs and permitted
visits by a UN panel of experts, the ICRC, and various UN agencies.
The nine commissioners appointed in 2007 by the president to the
government's Independent National Human Rights Commission (INHRC) still
awaited confirmation by the legislature at year's end.
Security officials abused NGO personnel. For example, on April 26,
in Nimba County, two LNP officers and several private security agents
attempted to arrest a staff member of the international NGO EQUIP-
Liberia over a land dispute. The staff member was later abducted,
beaten, and doused with pepper-water in his eyes. In August he was
abducted again, held for 18 hours, and released. No arrests had been
made by year's end, although a Ministry of Justice investigation was
pending.
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 TRC publicly released Volume I of its Final Reports on events
in the country between 1979 and 2003. The Commission found that all
warring factions used child soldiers, kept sexual slaves, and committed
other violations of domestic human rights law as well as international
criminal, human rights, and humanitarian law, including war crimes
violations. The TRC determined that prosecutions were necessary to
promote justice and reconciliation and to fight impunity, but
maintained it would not recommend anyone for prosecution who truthfully
admitted all wrong doings under oath. The TRC deemed reparations at the
individual and community levels were needed to restore human dignity
and declared a general amnesty for all children and those who committed
lesser crimes.
TRC commissioners initially withheld the names of perpetrators
recommended for prosecution because they feared for the safety of TRC
staff and their families. However, the report published a list of
warring factions and divided them into ``significant Violator Groups''
and ``Less Significant Violator Groups'' based on the number of
violations reported to the TRC. Listed among significant violator
groups were the National Patriotic Front of Liberia, Liberians United
for Reconciliation and Democracy, Liberia Peace Council, Movement for
Democracy in Liberia, United Liberation Movement, Armed Forces of
Liberia, United Liberation Movement-K, Independent National Patriotic
Front of Liberia, United Liberation Movement-J, and Anti-Terrorist
Unit. The Consolidated Final Report contains lists of ``Most Notorious
Perpetrators'' (116 names), ``Names of Persons (Perpetrators) Not
Recommended for Prosecution'' (38 names), ``Recommended for Domestic
Prosecution'' (44 names), ``Recommended for Public Sanctions'' (44
names, including President Sirleaf), and ``Individuals Recommended for
Prosecution for Economic Crimes'' (26 names and 19 corporations).
The TRC made two significant recommendations in Volume I: 1) a
special domestic court should be set up to prosecute the alleged
perpetrators the TRC determined were responsible for ``egregious''
crimes, ``gross'' human rights violations, and ``serious'' violations
of humanitarian law; and 2) the INHRC would manage a National Palava
Hut Forum to establish Palava Hut Committees in the country's 64
legislative districts to promote reconciliation at the local level.
Committee representatives would meet at a national conference to foster
collective unity.
The TRC completed its public hearings and held a national
convention in June to finalize the report. The report was completed in
draft form on July 1. In September the legislature tabled debate on the
report's recommendations until the new session in 2010. The
Consolidated Final Report was released in December.
Effectiveness of the TRC, which has been hampered by poor
management, staff shortages, and disharmony among commissioners,
improved during the year, although conflicts between commissioners
continued.
Section 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, notably the Congos, Krahn, Mano, Gio, and
Mandingo.
Women.--Sentences for rapists range from seven years to life
imprisonment, and accused rapists are not eligible for bail; however,
the government did not effectively enforce the law. The law does not
specifically criminalize spousal rape. The WCPS unit of the LNP stated
that approximately 240 rape cases were reported to the unit during the
first six months of the year, of which 129 were prosecuted;
approximately 275 rape cases were reported in the previous year.
As mandated by the 2008 Gender and Sexually-Based Violence Bill,
the special court for rape trials opened in Monrovia on February 24.
The court has exclusive original jurisdiction over cases of sexual
assault, including abuse of minors. According to Deweh Gray, head of
the Association of Female Lawyers of Liberia, the court was established
in response to the slow progress of rape cases in the existing courts.
During the year the Liberia Rural Women Network, a rural women's group,
called for the establishment of special rape courts in all 15 counties,
instead of only Montserrado.
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 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 2007 the Gender Based Violence Secretariat
completed a national action plan, and during the year the Ministry of
Gender and Development organized workshops and seminars to create
awareness of such violence.
Although prostitution is illegal, it was widespread.
The law does not prohibit sexual harassment, and it was a major
problem, including in schools and places of work.
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 in
diagnosis or treatment of sexually transmitted infections, including
HIV.
Women have not recovered from the setbacks caused by the war, when
many schools were closed and they were prevented from maintaining their
traditional roles in the production, allocation, and sale of food at
year's end. Thousands of women remained displaced, preventing them from
pursuing livelihoods or education.
Women and men enjoy the same legal status. Women can inherit land
and property, receive equal pay for equal work, and were allowed to own
and manage businesses. A number of businesses were female-owned or -
operated.
The government prohibits polygyny; however, traditional laws permit
men to have more than one wife. No specific office exists to ensure the
legal rights of women, but the Ministry of Gender and Development was
generally responsible for promoting women's rights.
Children.--Citizenship can be derived through parentage or by birth
in the country if both parents are of African descent; however; if the
parents are not of African descent, their child--even if born in the
country--will not acquire Liberian citizenship. As a result, residents
not of African descent, such as members of the large Lebanese community
within the country, could not acquire or transmit Liberian citizenship.
The law requires parents to register their infants within 14 days of
birth; however, less than 5 percent of births were registered. In May
the government announced that it had resumed registering births
following a 19-year interruption resulting in large part from the civil
war. During the year the government reestablished registration centers
in five of the country's 15 counties.
While primary education is compulsory and free, many schools still
charged informal fees to pay unpaid teachers and to cover operating
costs that ultimately 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 often were asked to provide their
own uniforms, books, pencils, paper, and even desks. For primary
education, the overall national gender ratio was 53 percent boys and 47
percent females, although significant gaps favoring boys remained in a
few counties.
Widespread child abuse continued, and reports of sexual violence
against children increased during the year. According to a December 9
UNMIL report, 66 percent of girls between the ages of 10 and 19 had
been raped; 20 percent of victims were under 10 years of age. Civil
society organizations reported increased incidents of rape of girls
under 12, and there were 37 cases of alleged child endangerment during
the first six months of the year.
FGM traditionally was 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. Two FGM practitioners were sentenced to
life imprisonment after some of their victims died as a result of 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.
During the year there were reports that young women and girls
engaged in prostitution for money, food, and school fees. Statutory
rape is prohibited, and 63 cases were brought to court in the first six
months. The minimum age for consensual sex is 18, and statutory rape is
prosecuted. 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 IDPs. Nearly all
children had witnessed atrocities during the 14-year civil war, and
some children had committed atrocities.
The government continued to close unregistered orphanages during
the year; however, regulation of orphanages continued to be very weak.
Many unofficial orphanages also served as transit points or informal
group homes for children, some of whom had living parents who had given
up their children for possible adoption. Orphanages had difficulty
providing basic sanitation, adequate medical care, and appropriate
diet. They relied primarily on private donations and support from
international organizations, such as the UN Children's Fund and the
World Food Program, which provided food and care throughout the year.
Many orphans lived outside these institutions.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were police reports that persons were trafficked to,
from, and within the country, particularly for domestic work and other
labor. Although no national database on trafficking exists, there were
39 trafficking victims identified between March 2008 and February 2009,
according to the National Anti-trafficking Task Force. Young women and
children were at a particularly high risk for trafficking, especially
orphans or children from extremely poor families. Trafficking victims
often were subjected to harsh living and working conditions.
Traffickers enticed their victims with promises of a better life.
Victims generally were not related to traffickers, although they were
often from the same village. Parents of trafficking victims were
persuaded that their children would have better food and educational
opportunities and would eventually return home.
Penalties for trafficking range from one year to life in prison.
Monetary restitution to victims is also provided for in the law. The
law was widely disseminated among law enforcement personnel, although
lawyers and judges were often unfamiliar with it. The ministries of
justice and labor have primary responsibility for combating
trafficking, but enforcement efforts were weak, and there were no
convictions for trafficking during the year. The government cooperated
with other governments on trafficking cases and extradited two
traffickers to Guinea in September.
The government had limited capacity to provide services to victims;
however, NGOs and church groups provided shelter for abused women and
girls, including trafficking victims.
International NGOs, local NGOs, and churches worked with the
government to raise awareness about trafficking, and the WCPS continued
to address trafficking issues. The National Anti-trafficking Task Force
appointed by the president in 2006 continued to meet during the year;
however, it had no program budget. The task force held a three-day
workshop for government officials and NGOs during the year.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--Although it is illegal to discriminate
against persons with physical and mental disabilities, such persons did
not enjoy equal access to government services. No laws mandate access
to public buildings. Streets, schools, public buildings, and other
facilities were generally in poor condition and inaccessible to persons
with disabilities. Many citizens had permanent disabilities as a result
of the civil war. Persons with disabilities faced societal
discrimination, particularly in rural areas; however, unlike in the
previous year, there were no reports that babies with deformities were
sometimes abandoned.
The Ministry of Health and Social Welfare is responsible for
protecting the rights of persons with disabilities. During the year the
ministry conducted a series of sensitization programs for government
social workers about persons with disabilities. NGOs provided some
services to persons with disabilities.
National/Racial/Ethnic Minorities.--Although the law prohibits
ethnic discrimination, racial discrimination is enshrined in the
constitution, which provides that only ``persons who are Negroes or of
Negro descent'' may be citizens or own land. Many persons of Lebanese
and Asian descent who were born or lived most of their lives in the
country were denied citizenship and the right to own property as a
result of this racial discrimination.
The country has 16 indigenous ethnic groups; each speaks a distinct
primary language and was concentrated regionally. Differences involving
ethnic groups continued to contribute to social and political tensions.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits sodomy, and
the culture was 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 based on sexual orientation or against persons
with HIV/AIDS.
Section 7. Worker Rights
a. The Right of Association.--The law allows workers to freely form
or join independent unions of their choice without prior authorization
or excessive requirements. The law also provides workers, except
members of the military, police, and civil service, the right to
associate in trade unions, and workers exercised this right in
practice. The law allows unions to conduct their activities without
interference, and the government protected this right in practice. The
law prohibits unions from engaging in partisan political activity.
Workers, except members of the civil service, have the right to strike.
Union power increased during the year through increased membership at
major plantations; however, the country's largely illiterate workforce
engaged in few economic activities beyond subsistence level.
The law does not prohibit retaliation against strikers; however,
there were no such incidents during the year.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law, and these laws were effectively
enforced. With the exception of civil servants, all workers have the
right to organize and bargain collectively.
The law does not prohibit antiunion discrimination, but there were
no reports of such discrimination during the year.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment and apprenticeship of children under the
age of 16 during school hours; however, 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
were tapping rubber at smaller plantations and private farms. There
were also unconfirmed reports that children were forced to work in
conditions that were likely to harm their health and safety, such as
stone cutting or work that required carrying heavy loads. Some children
were engaged in hazardous labor in the alluvial diamond industry and in
agriculture.
The Ministry of Labor's Child Labor Commission was responsible for
enforcing child labor laws and policies; however, the commission was
understaffed and conducted only two investigations during the year,
neither of which resulted in any prosecutions or convictions. There
were no government programs to prevent child labor or to remove
children from such labor; however, 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 about the worst forms
of child labor.
e. Acceptable Conditions of Work.--The national law requires a
minimum wage of approximately 15 Liberian dollars ($0.20) per hour, not
exceeding eight hours per day, excluding benefits, for unskilled
laborers. The law does not fix a minimum wage for agricultural workers
but requires that they be paid at the rate agreed in the collective
bargaining agreement between workers' unions and their management,
excluding benefits. Skilled labor has no minimum fixed wage, and the
minimum wage for civil servants was raised during the year from 4,200
Liberian dollars ($85) to 5,600 Liberian dollars ($114) per month.
The relatively scarce minimum wage jobs did not provide a decent
standard of living for a worker and family. Families dependent on
minimum wage incomes also engaged in subsistence farming, small scale
marketing, and begging.
The law provides for a 48-hour, six-day regular workweek with a 30-
minute rest period per five hours of work. The six-day workweek may be
extended to 56 hours for service occupations and to 72 hours for
miners, with overtime pay beyond 48 hours. The law also provides for
pay for overtime and it prohibits excessive compulsory overtime.
The law provides for paid leave, severance benefits, and safety
standards, but enforcement was targeted solely at foreign-owned firms
that generally observed these standards.
The Ministry of Labor lacked the ability to enforce government-
established health and safety standards. The law does not give workers
the right to remove themselves from dangerous situations without
risking loss of employment.
Due to the country's continued severe economic problems, most
citizens were forced to accept any work they could find regardless of
wages or working conditions.
__________
MADAGASCAR
Madagascar, with a population of over 20 million, is ruled by an
unelected civilian regime that assumed power in a coup March 17 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, has resided abroad since the coup; since March 21, the
parliament has been suspended. In defiance of a negotiated agreement
with the African Union (AU) and local political leaders, the regime
failed to establish a 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.
The right of citizens to choose their government has been
effectively curtailed. In addition, the following serious human rights
problems were reported: unlawful killings; other security force abuses;
harsh prison conditions, sometimes resulting in deaths; arbitrary
arrest and detention; lengthy pretrial detention; censorship; official
corruption and impunity; societal discrimination and violence against
women and children; trafficking of women and children; and child labor,
including forced child labor.
The conflict between Rajoelina and Ravalomanana began shortly after
Rajoelina's election as Mayor of Antananarivo in 2007. An increasingly
public feud between the politicians reached a turning point on December
13, 2008, when Ravalomanana closed VIVA TV, owned by Rajoelina.
Disparate opposition groups lined up behind Rajoelina, who seized on
widespread discontent to mount increasingly large demonstrations in
Antananarivo over the following two months, culminating in a series of
violent confrontations in January and February. Domestic and
international efforts to broker talks failed to achieve resolution and,
in early March, a mutiny within the army removed the security forces
from Ravalomanana's control. On March 17, Ravalomanana signed a decree
granting executive power to a military directorate, which subsequently
transferred it to Rajoelina. The ongoing political conflict has
resulted in widespread abuses of power, restrictions on assembly,
speech, and press freedom, and an increase in politically motivated
arrests and detentions.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the government or its agents committed arbitrary or
unlawful killings, under both the Ravalomanana government and
Rajoelina's de facto government, which ruled after March 17. From
January through April, there were a series of deaths and injuries as
security forces struggled to maintain control of protests. On February
7, at least 30 protesters were killed and more than 100 injured outside
Ambohitsorohitra Palace after presidential guards opened fire on
protesters threatening to overrun the main gate.
Estimates of deaths during the conflict range from 150 to 300
nationwide; many of those fatalities occurred during riots and looting
in late January, when at least 44 persons were trapped in a burning
department store in Antananarivo. Others were killed during failed
attempts to control crowds or intimidate protesters. On January 26, the
first day of violent protests in Antananarivo, a boy was shot in a
crowd outside Ravalomanana's MBS television station. On April 20,
security forces reportedly shot two protesters during a march into the
city center; their deaths resulted in larger protests the following
day, and an eventual ban on public demonstrations. There were several
other such incidents in the course of near-daily protests between
January and May, both in Antananarivo and several of the larger
regional capitals, none of which resulted in official disciplinary
action against members of the security forces.
Between April and August, the pro-Ravalomanana opposition was
blamed for a series of small explosions in the capital. The government
has not convicted any of the suspects detained in connection with these
bombings. On July 18, one man was killed and two injured when an
explosive device they were carrying detonated prematurely. Testimony
from the two injured suspects led to further arrests. There were
allegedly numerous additional bombings, but no group claimed
responsibility, and the de facto government has not been able to
identify the source.
Police and gendarmes continued to use unwarranted lethal force
during pursuit and arrest. In September 2008, police shot and killed a
suspected criminal and injured a bystander during pursuit through an
Antananarivo market. In a similar incident in October 2008 in Ankasina,
police shot and injured a suspected thief who was fleeing. In 2007
gendarmes in Bekoby, near the northwestern town of Majunga, shot and
killed two brothers for stealing a neighbor's cow; that same month a
gendarme slashed another suspect's leg with a machete during pursuit
and arrest, and the man bled to death after a day of questioning and
beating. No action was taken against security force members responsible
for these killings.
There were no public investigations into any incidents of violence
by security forces under either Ravalomanana or Rajoelina, and the de
facto government's security forces continued to operate with impunity.
On September 26, a soldier later associated with the Special
Intervention Force (FIS) shot a woman in the leg in Antananarivo. The
de facto prime minister at the time, Roindefo Monja, indicated to the
press that the soldier may have been intoxicated although he was never
tried or disciplined for the incident.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law provide for the inviolability of
the person and prohibit such practices; however, security forces
subjected prisoners to physical and mental abuse.
After opposition leaders took power in March, Gendarme Commanders
Charles Andrianatsoavina and Lylison Rene Urbain oversaw the Joint
National Investigation Committee (CNME, later renamed the Special
Intervention Force), which operated largely outside of the structure of
the established security forces and was responsible for many of the
high-profile arrests over the following six months. Andrianatsoavina
was behind the March detention of Protestant pastor Lala Rasendrahasina
and three military leaders due to their connections to Ravalomanana. He
allegedly subjected Rasendrahasina to harsh treatment, including
physical violence. Members of the CNME used excessive force during
multiple arrests. On April 23, the CNME arrested four members of
parliament accused of distributing money to protesters. One of the
members of parliament accused Andrianatsoavina of striking him with his
pistol while the members were forced to kneel in the street.
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. As of December, the country's
82 prisons and detention centers held approximately 17,700 prisoners,
exceeding intended capacity by over one-third. This included
approximately 700 women and girls, and almost 400 juveniles. Of those
detained, 8,480 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 (MOJ's) efforts in 2007 and 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 NGOs supplemented the daily rations of
some prisoners.
The MOJ reported 34 prison deaths from January to October, a
reduction from 2007 and 2008. However, NGOs and media sources indicated
that there was substantial underreporting of this figure.
Malnutrition and a lack of hygiene made detainees vulnerable to
disease, including epidemics. Deteriorating prison infrastructure--
including a lack of sanitary facilities and potable water--resulted in
skin disease, insect infestation, and other health risks. Access to
medical care was limited, although NGOs reported limited success in
targeted sanitation activities at several facilities in the north.
The government's 2007 national action plan to rehabilitate and
improve prison conditions had some success in reducing the number of
pretrial detainees, but there was little change in other target areas.
Due to the crisis, these gains were lost and the numbers of pretrial
detainees rose to previous levels.
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 kept separate. 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.
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 around the
country with private consultations in accordance with ICRC standard
modalities. ICRC representatives were also permitted to visit detainees
in pretrial or temporary detention, as need arose.
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 17 coup; the
actual number remained disputed, but several of those arrested since
March remained imprisoned (see section 1.e. and section 2.a.).
On April 29, CNME gendarmes arrested Manandafy Rakotonirina, a
political ally of former president Ravalomanana, on the grounds that he
was ``the mastermind'' behind anti-Rajoelina protests. On September 22,
he was convicted on multiple charges, including inciting disorder and
usurping public office, and given a two-year suspended sentence.
On September 12, the FIS, acting without a warrant, arrested
Senator Eliane Naika in her hotel on charges of attending an illegal
gathering and damaging public property. On September 18, the court
granted her provisional release to await the beginning of her trial
scheduled for October 13. She left the country on September 20 and had
not returned at year's end. There were no further developments in the
case.
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. By April security forces under the control of
the de facto government began to assert control effectively over
demonstrations in the capital, with an accompanying reduction in
violence. The creation of the CNME in March diluted the authority of
the minister for internal security, as it began to pursue high-profile
targets independently outside regular judicial processes under
commanders Charles Andrianatsoavina and Lylison Rene Urbain. Security
forces routinely used excessive force during arrests and in crowd-
control operations to disperse demonstrations, employing teargas, flash
grenades, and live gunfire.
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 was unable to address the corruption and abuses
of power perpetrated by security forces and did not play a visible role
in addressing corruption problems associated with the ongoing political
crisis.
Arrest Procedures and Treatment While in Detention.--Although the
law requires that the 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 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 MOJ reported that approximately 50 percent of the prison
population was in pretrial detention.
The law mandates that a criminal suspect be charged or released
within 48 hours of arrest; however, the government often detained
individuals for significantly longer 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 on the charges faced.
Amnesty.--As part of the August 9 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. In December
however, Rajoelina formally abrogated the charter, and with it the
existing agreement on amnesty during the transition administration.
Shortly after taking power in March, 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 in a poorly enforced house arrest.
These includes 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 related to 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 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 17. 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.
The judiciary is under the MOJ and has four levels. Courts of first
instance hear civil and criminal cases carrying lesser fines and
sentences. The Court of Appeals includes a criminal court of first
instance to adjudicate cases with potential sentences of confinement
longer than five years. The Supreme Court of Appeals hears appeals of
cases from the Court of Appeals. The High Constitutional Court reviews
the constitutionality of laws, decrees, ordinances, and electoral
disputes. The judiciary also includes specialized courts designed to
handle matters such as cattle theft.
Military courts are reserved for the 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, on June 3, former president Ravalomanana was tried and
convicted in his absence for alleged abuse of power while in office; he
later asserted that he was unaware that the trial was taking place.
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 regardless of
whether their incarceration had a criminal aspect alongside their
political affiliations (see section 1.d.). The de facto government
imprisoned more than 50 opposition figures since March, many with
little or no evidence of having committed criminal or civil offenses.
Subsequently, most were released with no charges being filed, but at
least two high-profile figures remained in government detention.
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.
On February 20, Rajoelina ally Jean Theodore Ranjivason was
arrested for his alleged role in the January riots, and he remained
incarcerated until the de facto government took power in March.
President Ravalomanana blocked the request of several resident
ambassadors to visit Ranjivason in prison after his arrest. On April
24, four Tiako-I-Madagasikara (TIM) party (former president
Ravalomanana's party) parliamentarians were arrested for allegedly
distributing money to protesters, without substantial evidence; they
remained in prison until August 18, when they received suspended
sentences of one year. On April 29, Ravalomanana ally (and presumptive
prime minister) Manandafy Rakotonirina was arrested with several
members of his opposition cabinet; his trial was postponed several
times before he and most of those arrested with him were released in
August.
Ralitera Andrianandraina, former head of security at the High
Constitutional Court, was arrested in April for possession of illegal
weapons, murder, and an alleged role in an attempt on Rajoelina's life.
At year's end, his eight-month pretrial detention continued; he had not
been to trial, although the government did not produce any evidence to
justify his detention.
Lalaharinoro Rabemananjara was arrested on August 5, while serving
as the lawyer for Manandafy Rakotonirina. She was charged with
complicity in the June and July bombings and remained in pretrial
detention despite a continued lack of evidence against her. At year's
end, she was the only person still in prison in connection with the
bombings.
Four opposition politicians were arrested on July 22 for their
suspected role in the Antananarivo bombings; they remained in prison
until August 14 without being charged and were then released on bail.
There were a number of other politically motivated cases of detainees
still pending; most of those detainees remained in pretrial detention
without bail.
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 was compromised by corruption and
political influence, as indicated by BIANCO investigations and public
perception. The judiciary deals with all civil matters, including human
rights cases. However, the courts often encountered difficulty in
enforcing judgments in civil cases.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, but homes and
workplaces of opposition groups were subjected to arbitrary searches
without warrants. On several occasions, security forces took suspects'
family members hostage to force them to surrender. For example, in July
five suspects were sought in connection with the bombs found in
Antananarivo. Four were arrested, but family members of the fifth were
held for several days before being released without charge, although
authorities had not arrested the suspect.
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. For example, on February 7, Ando
Ratovonirina, a reporter for the privately owned Radio et Television
Analamanga, was shot and killed during the violence outside the
presidential palace. Two private broadcast groups were closed over the
course of the political crisis. In January three radio or television
stations (private station MBS, and public stations RNM and TVM) were
burned during riots.
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 Le Quotidien, which is owned by
the former president, was the newspaper most heavily influenced by the
state; since March La Verite and La Gazette have been most closely
aligned with the de facto government. The government owned nationwide
television and radio networks. The former president's privately owned
television and radio station, MBS, was permitted to broadcast
nationally, a right denied to all other private stations, before it was
destroyed by fire in late January. There were approximately 256 other
radio stations and 39 other television stations nationwide, which
provided more limited geographic coverage.
The government forced the politically motivated closure of
opposition media outlets during the year. The closure of then-mayor
Rajoelina's VIVA TV in December 2008 by the Ravalomanana government for
``disturbing order and public security'' immediately precipitated the
crisis that led to the coup. In April Rajoelina's transition government
closed Radio and TV Mada (owned by Ravalomanana) for ``inciting civil
disobedience and disturbing public confidence in the institutions of
the republic.'' Radio Mada had become a voice for the post-coup
opposition; this role was then taken up by Radio Fahazavana, owned by
the Protestant Church of Jesus Christ in Madagascar (FJKM).
During the rioting in January, the residence of parliamentarian and
media owner Mamy Rakotoarivelo was attacked for alleged support by his
media of the Ravalomanana regime. In March Rivo Christian Rakotonirina,
chief editor of a pro-Ravalomanana online magazine, was beaten by pro-
Ravalomanana demonstrators after they mistakenly accused him of working
for pro-opposition Radio Antsiva. In May Radio Mada journalist Evariste
Ramanantsoavina was arrested and jailed for ``inciting revolt''; he was
released two weeks later but was required to pay a fine of one million
ariary (approximately $500) for ``disseminating false information.''
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.
In December the de facto minister of communication sent a letter to
private radio and television stations instructing them to avoid any
incitement to violence or to tribal hatred--charges which had
previously been used to silence opposition radio. As a result, the
call-in program and all news from Protestant church radio Fahazavana
were suspended. A separate reminder was sent to Rajoelina's radio
station, VIVA Radio, to stop incitement to civil unrest.
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 2008, approximately 1.65 percent of the country's
inhabitants used the Internet.
Political groups and activists used the Internet extensively to
advance their agenda, 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 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.
From January to March, Rajoelina's opposition alliance attempted to
hold almost daily demonstrations in two locations in central
Antananarivo. The government imposed restrictions on these gatherings
after violent riots in early January, although security forces were
routinely unable to control the crowds effectively. After the coup in
March, the de facto government restricted protests by supporters of
Ravalomanana. By April antigovernment demonstrations were limited to
one location in Antananarivo at a facility owned by Ravalomanana.
Police and gendarme forces moved quickly to disperse any crowds that
formed elsewhere in Antananarivo and several provincial cities, citing
security concerns.
In 2008 opposition groups were denied permission to hold meetings
in several cities, including Antananarivo, Fianarantsoa, and Tamatave.
In several cases, police withheld authorization, citing public safety,
security concerns, or lack of justification for the event. Several
groups held their events regardless, and opposition leaders were
arrested or detained for these activities. For example, opposition
leader Henri Lecacheur was given a three-month suspended sentence in
September 2008 for allegedly holding an unauthorized rally in
Antananarivo in August.
For several weeks starting in late April 2008, public
demonstrations in Tulear, Diego Suarez, and Tamatave, originating with
students' grievances against blackouts and study conditions, led to
clashes between security forces and demonstrators. For example,
protesters threw rocks at police, set fire to a public building in
Tulear, took the regional director of Tulear's penitentiary hostage,
and looted shops. Police responded by releasing tear gas and firing
shots to disperse the crowd; one person was shot in the leg. All
arrested protesters were released; some received suspended prison
sentences for inciting violence and disturbing public order.
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 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 coup,
however, and the de facto government did not present any plans to do
so.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice. However, some Muslims felt marginalized by the
Ravalomanana government and expressed concern about their legal status.
They expressed reluctance to describe some of their activities openly
as ``Islamic'' for fear of discrimination although there were no
reliable reports of government discrimination except regarding
citizenship applications (see section 2.d.).
In April leaders of the original New Protestant Church in
Madagascar, formerly known by its acronym FPVM, were permitted by the
new regime to reopen their church, which was closed in 2005 under
Ravalomanana. The government had permitted the reorganization of the
FPVM in 2007 under the new name and with new leadership. The Universal
Church of the Kingdom of God remained banned.
In 2007 Jesuit missionary Father Sylvain Urfer was deported on
grounds that his entry visa had expired, although he had lived in
Madagascar since 1974 and held a permanent visa since 1992. Some human
rights activists claimed Urfer's expulsion was connected to
Ravalomanana's opposition to his religious activities. Others cited his
open criticism of the government as the reason. The Rajoelina
transition government lifted the entry ban on Father Urfer, but he
remained abroad at year's end.
Societal Abuses and Discrimination.--There were few reports during
the year of societal abuses or discrimination based on religious belief
or practice. Some Muslims felt they received unequal treatment in
schools, hospitals, private businesses, and the workplace.
The four largest Christian denominations occupy an important role
in public life, although their collective role in politics has
diminished somewhat in recent years. The Council of Christian Churches
in Madagascar, led at the time by the Catholic archbishop, served as an
intermediary in the early stages of the crisis this year, but it
withdrew entirely following the March coup. Leaders of both the FJKM
(associated with the former government of Marc Ravalomanana) and the
Catholic Church (associated with the current regime of Andry Rajoelina)
tried to maintain a careful distance from the ongoing political
struggle. However, both have seen their reputations as neutral actors
in civil society severely tainted by perceptions of partisan engagement
during the recent political turbulence.
There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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. 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 the year 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.
In December the de facto government issued a ban preventing the
return of the three political factions attending the Maputo crisis
talks. Rajoelina permitted the politicians' return a week later, once
he had announced his formal break with the negotiation process and made
clear his intention to proceed with a transition government outside the
context of prior agreements.
The government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian agencies.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, but is not a party to
its 1967 Protocol 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 the country'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. 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. Unable to consolidate his rule in the face of domestic and
international condemnation, he engaged in a negotiating process from
August to December. In December after the negotiations failed to yield
results acceptable to him, Rajoelina unilaterally declared his
intention to organize elections as early as March 2010. The opposition
rejected this plan, pushing for a return to dialogue and an inclusive
transition government. The resulting impasse, with political and civil
society leaders divided over how to proceed, continued at the end of
the year.
Elections and Political Participation.--There were no elections
during the year. Indirect elections to the 33-member senate took place
in April 2008; the ruling 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 coup.
In 2007 the country held a calm and relatively orderly legislative
election marked by a low 46 percent voter turnout. The result was a
national assembly in which all but 22 of 127 legislators were TIM party
members. A number of domestic and international observer teams deemed
the election generally free and fair, despite minor irregularities that
did not affect the overall results. However, media coverage included
unconfirmed reports of government interference and pressure at the
local level, namely regional chiefs either promising local leaders
rewards or threatening dismissal if the ruling TIM party candidate was
not elected in their areas. Election observers also noted persistent
structural shortcomings, including the need for an independent
electoral commission, the need to revise the electoral code to include
sanctions against fraud and to regulate campaign financing, and the
lack of a single ballot. This absence could potentially disadvantage
candidates who could not afford to print their own ballots or if the
government failed to distribute its ballots adequately.
Until March 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 were six women in the cabinet; parliament
was suspended after the March coup and has not yet been re-established.
Until March 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 coup. The World Bank's
Worldwide Governance Indicators reflected that in 2008 corruption was a
problem, as was impunity. NGOs and the media reported that
anticorruption efforts were more effective in pursuing low-level
violators in recent years, with less success 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 was 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.
Key members of Rajoelina's High Transition Authority (HAT), a 44-
member advisory council attached to the de facto executive, engaged in
intimidation and extortion throughout the year with no penalty. Alain
Ramaroson, president of the HAT's Defense and Security Commission,
reportedly ran a private militia and abused his position to demand
bribes, both in terms of money and goods, from both foreign and
domestic private companies. Military leaders and the de facto justice
ministry stated that they were unaware of such activities, although the
allegations were widely publicized.
In 2008 the government created an anti-money laundering agency,
SAMIFIN, and an ethics unit within each ministry. BIANCO, the
government's Independent Anti-Corruption Bureau, and the MOJ signed an
agreement in June 2008 for increased cooperation concerning data
collection and case referrals.
Seventeen persons were arrested in 2007 in connection with the
embezzlement of 10.8 billion ariary (approximately $5.4 million) from
the Central Bank in Manakara; the director of the Central Bank and two
of his staff subsequently left the country to avoid arrest. At their
trial in April, four were acquitted, 10 were released for lack of
evidence, and six (including the director, in his absence) were given
sentences up to 15 years' imprisonment and fines up to 20 million
ariary (approximately $10,000).
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 were not enforced during the year.
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
The constitution and law require the government to create
apolitical organizations that promote and protect human rights.
Responsibilities have been delegated to several organizations covering
areas such as child labor and domestic violence.
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
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 in 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 (ACAT)
Madagascar, 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 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 AU, the
International Organization of the Francophonie, and the South African
Development Community.
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, and disability; 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. Rapes of children and pregnant
women were 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 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 of prison and a fine of four
million ariary (approximately $2,000), depending on the severity of
injuries and whether the victim is 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 survey on conjugal violence conducted by the Ministry of
Health (MOH) 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
MOH 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.
Prostitution is not a crime, but related activities, such as
pandering and incitement of minors to debauchery, are criminal.
Prostitution was pervasive and particularly visible in areas frequented
by tourists. Sex tourism was an increasing problem with the growth of
the tourism industry. The government continued 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.
Sexual harassment is against the law. Penalties vary from one to
three years of imprisonment plus a fine of one to four million ariary
(approximately $500 to $2,000). This penalty increases to two to five
years of 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. 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. Skilled attendance during childbirth was low, particularly in
rural areas, where there were few trained health workers. During the
year all delivery services, including Caesarean sections, were free in
government health facilities. Men and women had equal access to
diagnosis and treatment of sexually transmitted infections, including
HIV. However, since much of the population lived over two miles from
public clinics, 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 an overall lack of resources to address the issue comprehensively.
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. Although the country is party to the Convention
for the Elimination of all Forms of Discrimination Against Women, there
was no special government office to ensure the legal rights of women.
There was relatively little societal discrimination against women
in urban areas, where many women owned or managed businesses and held
management positions in private businesses and state-owned companies.
In rural areas more traditional social structures tended to favor
entrenched gender roles, as most of the population is engaged in
subsistence farming. In 2003 the Ministry of Civil Services and Labor
reported that women owned 30 percent of formal sector companies and 53
percent of informal sector companies. While there is little
discrimination in access to employment and credit, women often 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.--The ministries of health, population, and education play
the principal role in addressing child welfare, but the ministries of
justice, civil services and labor, youth and sports, and the minister
of internal security also play a role. In 2008 an increase in the
budget for education had permitted some improvement in services for
vulnerable groups, but already insufficient education funds were
further limited by the suspension of donor funds following the March
coup, resulting in inadequate services.
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 one at birth. According to a 2003-04 study by INSTAT, the
government's office of statistical studies, 25 percent of children in
the country under the age of five were not registered.
The constitution provides for tuition-free public education for all
citizen children and makes primary education until age 14 compulsory.
According to government statistics, 85 percent of primary school-age
children were enrolled, although a 2008 report from the International
Labor Organization (ILO) indicated that far fewer actually attended
school. Children in rural areas generally studied through middle
school, whereas children in urban areas commonly finished the
baccalaureate examination process for entrance into university.
Child abuse was a problem. 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 MOH, in collaboration with UNICEF, operated more
than 14 multisector networks throughout the country to protect children
from abuse and exploitation. In light of recent child-related
legislation, several ministries worked with UNICEF to develop training
manuals on child rights and safeguards for officials working 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 indicated that 33 percent of girls between
the ages of 15 and 19 years 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 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 less 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. Three separate studies have been
completed on this subject since 2007, including one that focused on the
treatment of twins in Mananjary, and NGOs actively promoted awareness
of the issue. However, no changes to the legal framework or enforcement
policy had been adopted by year's end.
Trafficking in Persons.--The law specifically prohibits trafficking
in persons, but there were reports that persons were trafficked within
the country. The vast majority of cases involved children and young
women, mostly from rural areas, trafficked for sexual exploitation and
forced labor including domestic servitude, mining, and street vending.
A sex tourism problem existed in coastal cities, as well as
Antananarivo, with a significant number of children exploited as
prostitutes. International trafficking was rare, although recent cases
of young women trafficked for domestic work in Lebanon appeared in the
media, following reports of at least one suicide by such a victim.
There were unconfirmed anecdotal reports of women and girls trafficked
for prostitution to the neighboring islands of Mauritius and Reunion.
Principal traffickers ranged from organized criminals to
``friends'' to taxi drivers to distant family members. Traffickers
often took advantage of young women, girls, and boys in rural areas by
falsely promising employment opportunities in urban areas, particularly
in domestic employment.
Traffickers may be prosecuted under provisions prohibiting
procurement of minors for prostitution, pedophilia, procuring, and
deceptive labor practices. In 2007 a law was adopted prohibiting all
forms of violence against children, including sexual exploitation, and
providing for punishment of adult exploiters of child prostitutes. Also
in 2007 a law was adopted defining trafficking in persons, among other
crimes, and stipulating sanctions for the authors of such crimes,
particularly when committed against children. The MOJ is responsible
for enforcement of such laws, but NGOs reported that the laws were not
effectively enforced.
During the year there were no reports of arrests specifically for
trafficking, although there were several cases related to the
commercial sexual exploitation of children. However, the absence of a
centralized database of legal cases and a law specifically defining
trafficking activities or sanctions before 2007 impeded prosecution and
recordkeeping. A centralized database was established in September 2008
under the authority of the Secretary of State for Internal Security; it
was operational as of the end of 2008, but lacked the required legal
standing for use in court.
Police cooperated with neighboring countries and Interpol in the
investigation and prosecution of trafficking cases. The government did
not extradite foreigners charged with trafficking in other countries,
nor did it extradite citizen nationals. Whether because of corruption,
pressure from the local community, or fear of an international
incident, local police and magistrates in tourist areas often hesitated
to prosecute foreign pedophiles.
The government continued to address child labor and trafficking
through educational and birth registration campaigns. Child workers put
in the country's three NGO-run welcome centers were either given
vocational training or placed back in school. In 2008 the MOH worked
with UNICEF to establish new multisector child protection networks
throughout the country to handle individual cases of child
exploitation, including trafficking; these centers continued to operate
during the year.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 MOH is responsible for protecting the rights of persons with
disabilities. Then-president Ravalomanana signed the International
Convention on the Rights of the Disabled in 2007, but no implementing
legislation had been passed by year's end. 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 Antiranana has 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 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 disabled 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 LGBT.
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 the target 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
and even a march in central Tana, but general attitudes have not
changed.
The country's penal code provides for a prison sentence of two to
five years and a fine of two to 10 million ariary (approximately $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. 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.
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 January 2008, labor laws in the
EPZ vary somewhat from the country's standard labor code. 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 respect 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, unless the prisoner agrees to the
terms of employment and monetary compensation stipulated in the labor
code, they can still be hired out for public use by government offices.
In addition under the Main d'oeuvre penale (MOP) system, prisoners can
work voluntarily in prison fields or penal camps to engage in
agriculture, sometimes producing their own food. Except for those
condemned to forced labor, they are 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.
Forced labor by children occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace
and prohibit forced or compulsory labor, but the government sometimes
encountered trouble enforcing these laws, due to inadequate resources
and insufficient personnel. Child labor was a widespread problem.
The minimum age for employment was 15 years of age, consistent with
educational requirements. The law allows children to work a maximum of
eight hours per day and 40 hours per week with no overtime. The law
prohibits persons under the age of 18 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 ILO's 2007 National Survey on Child Labor in Madagascar
indicated that approximately 28 percent of the 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. They were
also victims of commercial sexual exploitation. 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 or prostitutes. Children were
trafficked internally for the purposes of forced labor and sexual
exploitation.
The Ministry of Civil Services and Labor is responsible for
enforcing child labor laws and policies in the formal sector and
conducted general workplace inspections during the year in response to
a range of complaints. In 2008 the ministry had only 68 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 2008 the Ministry of Civil Services and Labor continued
implementing its 15-year national plan to combat the worst forms of
child labor, including prostitution. In addition to the existing
Regional Committee to Combat Child Labor (CRLTE) in the north, two
additional CRLTEs were established in 2007 in the southwest and on the
east coast.
In 2007 as part of the continuing ``red card campaign'' to raise
awareness about the fight against child labor, the government worked
with the Malagasy Soccer Federation (FMF) to conduct awareness
campaigns around the country; this campaign continued during the year
with 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.
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 (approximately $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 68 labor inspectors in the Ministry of
Civil Services and Labor were sufficient to monitor effectively
conditions for workers only in the capital. 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
13 million. In May Bingu wa Mutharika of the Democratic Progressive
Party (DPP) was reelected president. International observers noted that
the elections were an improvement compared with the 2004 elections and
that they were conducted in a free and fair manner. Constitutional
power is shared between the president and the 193 national assembly
members. Civilian authorities generally maintained effective control of
the security forces.
The government generally respected the human rights of its
citizens; however, there were problems in some areas, including police
use of excessive force, although the government made some efforts to
prosecute abusers; occasional mob violence; harsh and life-threatening
prison conditions; impunity; 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 one person during the year. Perpetrators of past
abuses were occasionally punished, but investigations often were
abandoned or were inconclusive.
On August 10, police raided a bar in the village of Karonga and,
according to eyewitnesses, beat everyone present, including customer
Stumai Mwalwanda. Mwalwanda was reportedly beaten unconscious, while
the other individuals were arrested. Mwalwanda was later transported to
the Karonga district hospital, where he was pronounced dead upon
arrival. By year's end no action had been taken against the police
involved in the beating.
In the August 2008 case where police officers from a rapid response
unit shot and killed truck driver Yusuf Abdullah, one of the officers
was convicted of manslaughter and sentenced to 12 years' imprisonment
with hard labor. Three other officers were acquitted.
There were no developments in the September 2008 case of a police
officer who shot and killed a 13-year-old boy during a land dispute in
the Mbayani area of Blantyre. Police had not identified the responsible
officer by year's end.
There were no developments in the following 2007 cases: the January
police killings of Robert Phiri and Thomas Chizenga; the June killing
of six persons in a vehicular accident by Henry Msinkhu, a Blantyre
police officer; the October death of Grant Chilimba while in police
custody; the December killing of Wilson Master by a guard for
government-owned company Admarc; and the December killing of Dinnis
Mashalubu by another Admarc guard.
Mobs sometimes beat, stoned, or burned suspected criminals to
death. For example, on February 9, villagers in the Nkhata Bay District
beat to death village headman Pegson M'nkhwakwata Chirwa and then
burned his body. Chirwa was suspected of being a practitioner of
witchcraft. The police arrested several suspects, and investigation of
the case continued at year's end.
During the year police arrested 16 suspects in the February 2008
killing of Laston Seunda by a mob in Thyolo. At year's end the suspects
were released on bail and awaiting trial before the high court in
Blantyre.
There were no developments in the following 2008 cases of mob
violence: the January killing of Chimwemwe Kanyoza by a mob in Ndirande
Township, Blantyre, and the June killing of Harold Yobe by a mob in
Chiradzulu. Investigations continued, but no arrests had been made by
year's end.
No further information was available in the following 2007 mob
killings: the killing by six suspects of a man in Karonga, the killing
of a man in Chiradzulu, and the stoning to death of an herbalist in
Dowa.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There were no developments in the 2007 disappearances of
Christopher Chimbalanga and Hassan Twaliki from a Lilongwe police
station.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police used excessive force and other unlawful techniques in handling
criminal suspects. Unlike the previous year, there were no reports that
police used torture. While senior officials publicly condemned prisoner
mistreatment, their subordinates continued to employ unacceptable
techniques. In an October 2 press release, Peter Mukhito, the new
inspector general of police, publicly stated that he would not shield
any police officer accused of wrongdoing. The Malawi human rights
commission (MHRC) and local nongovernmental organizations (NGOs)
condemned police for human rights violations several times throughout
the year.
For example, on July 15, police fired into an unarmed crowd,
wounding two, in the Bangwe township of Blantyre. The crowd had
gathered in response to a rumor that police were shielding a man
suspected of engaging in witchcraft. There were no further developments
by year's end.
On August 29, Chrispin Ulemu Kam'mayani, a lawyer for the MHRC, was
reportedly beaten and arrested by a police officer when he went to
serve a high court order. Police denied the allegations, and there were
no further developments by year's end (see section 2.d.).
On September 3, the press reported that Nthethiwa Salamba, age 17,
Charles Sadick, age 16, and Alexander Sadick, age 30, were beaten by
police after being arrested outside a pub in Limbe. The alleged victims
were held for two days before being released. The case was under
investigation at year's end.
There was no new information available regarding the March 2008
report in The Nation of an unknown woman being abused and rendered
unconscious by a police officer outside the Chilinde police station in
Lilongwe.
No further information was available regarding the alleged August
2008 beating of Aubrey Kasten by three police officers from the Kabula
police station in Blantyre.
There was one instance of security forces engaging in rape and
sexual abuse. On June 19, a Lilongwe magistrate's court sentenced
police constable Patrick Machado to six years' imprisonment with hard
labor for raping a female suspect while she was in his custody.
In the August 2008 sodomy case against Lilongwe police officer
Enock Chawanda, the accused was found guilty and sentenced to five
years in prison.
There were no developments in the following 2007 cases of police
abuse: the use of excessive force by police to disperse demonstrators
at Lengwe national park, and the machete hacking by two policemen of
the back of a man's head.
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. A Malawi Prison
Service spokesman acknowledged that conditions in the prisons were
poor, but attributed this to inadequate funding. Budget allocations for
the prison system were less than 20 percent of the stated need.
The prison system's 24 facilities, which were built to accommodate
approximately 5,000 inmates, routinely held at least double that
number. According to the prison commissioner, there were more than
11,000 inmates in the prison system at year's end. Staffing in prisons
remained inadequate despite a three- year program to recruit more
staff. The warden to inmate ratio improved to one warden per nine
inmates.
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.
Community service programs were available as alternatives to prison
terms for first-time offenders convicted of less serious crimes, and
who had permanent addresses.
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.
Women were not kept in separate facilities, but the more than 200
female prisoners were segregated within the prison compound and
monitored by female guards. A total of 16 prison facilities housed
women. Juveniles were lodged in the same facilities as adults, but were
kept in separate areas. There were three juvenile detention centers
(Bvumbwe, Lilongwe, and Byandzi) and two prisons with juvenile wings
(Zomba and North Mzimba).
As of the end of September, according to the Malawi Prison Service,
there were 571 children lodged in prisons, either serving sentence or
awaiting trial. Blantyre Child Justice Court Magistrate Esme Tembenu
continued to lead a program to remove children from prisons and put
them into reformatory centers, but the problem continued.
Police concluded their investigation into the November 2008
Chitseko and Cosman case, where Thylo police officers allegedly
arrested, handcuffed and questioned six children between the ages of
four and 11. The investigation cleared the officers of any wrongdoing,
but a review of the case by the Ministry of Justice continued at year's
end.
The law requires pretrial detainees to be held separately from
convicted prisoners, but many prisons did not comply due to inadequate
facilities. The number of pretrial detainees remained greater than
2,000.
During the year the government permitted domestic and international
NGOs and the media to visit and monitor prison conditions and to donate
basic supplies. The International Committee of the Red Cross (ICRC) did
not visit any 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 in practice.
Role of the Police and Security Apparatus.--The Malawi police
service, 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 and poorly trained due in part to
inadequate funding. The lack of a qualified pool of candidates from
which to recruit was a major barrier to improvement. Corruption
continued to be a problem. Police continued efforts to improve their
investigative skills, including training on internal affairs
investigations, and to introduce the concept of victims' rights through
workshops and other training exercises, particularly in the areas of
sexual abuse, domestic violence, and trafficking in persons. Police
continued to receive foreign assistance for training officials and
procuring equipment.
On September 17, Casper Chalera, the head of the Malawi police
service fiscal and fraud section, was charged for failing to account
for 589,436 Malawi kwacha (MKW) ($4,040) that police had collected from
a suspect in an arrest at Chileka International Airport. Chalera
pleaded not guilty and was released on bail awaiting trial. A hearing
date had not been set by year's end.
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 a police
officer 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 residents were often
arrested without warrants. The use of temporary remand warrants to
circumvent the 48-hour rule was widespread. Bail was frequently granted
to reduce prison overcrowding rather than on the merits of the case.
There were reports of officers requesting payment of a bribe for police
bail, a system in which police are authorized to grant bail without a
bond. During the year the MHRC received three complaints of arbitrary
detention related to overstay of remand, denial of bail, and unheard
appeals. 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.
Relatives were regularly denied access to detainees.
Arbitrary arrests remained a problem. Police regularly used ``bait
arrests'' of relatives when a suspect could not be found to draw the
wanted individual from hiding.
On March 21, security forces arrested two opposition politicians
after a political rally. On November 11, United Democratic Front (UDF)
Deputy Secretary General Hophmally Makande was found guilty of
``proposing violence,'' and Malawi Democratic Party President Kamlepo
Kalua was found guilty of ``uttering seditious words.'' Both were
sentenced to 20 months of hard labor but appealed their convictions.
The appeal was pending at year's end.
There were no further developments in the May 2008 treason cases
against nine persons, most of whom had close ties to the UDF.
There were no developments in the May 2008 treason case against
former president Bakili Muluzi, who returned to the country on December
12.
Eighteen percent of the prison population were pretrial detainees,
down from 25 percent the previous year. Pretrial homicide suspects were
typically held in detention for two to three years, although at Maula
Prison alone, there were believed to be 15 suspects who had been in
jail for more than seven years awaiting trial. The longest known case
was that of John Chima, who had been in Zomba Prison awaiting trial for
murder for 18 years.
The center for legal assistance, an NGO that assists prisoners with
legal matters, continued to provide free legal assistance to expedite
the trials of detainees, with priority given to the sick and young and
those subjected to long trial delays.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the government generally respected
this provision. However, the judicial system was inefficient and
handicapped by serious weaknesses, including poor record keeping, a
shortage of attorneys and other trained personnel, heavy caseloads, and
lack of resources.
The law provides for a high court, a supreme court of appeal, and
subordinate magistrate courts. A constitutional court (a panel
consisting of three high court judges with jurisdiction over
constitutional matters) also existed. The chief justice is appointed by
the president and confirmed by the national assembly. The president
appoints other justices, following recommendations by the judicial
service commission. All justices are appointed to serve until the age
of 65 and may be removed only for incompetence or misbehavior, as
determined by the president and a majority of the national assembly.
The military has courts martial but no military or security tribunals.
The Malawi defense force (MDF) maintains a courts martial system.
Military personnel accused and tried by courts martial are afforded the
same rights as persons accused in civil criminal courts. The MDF courts
martial can try civilians in cases concerning military operations;
however, this has not occurred.
Trial Procedures.--Defendants are presumed innocent. By law
defendants have the right to a public trial but not to a trial by jury.
The Ministry of Justice continued the indefinite suspension of the use
of jury trials in murder cases, although juries are used in other types
of cases. The public and press accepted the suspension, since murder
suspects had sometimes been incarcerated for years awaiting trial by
jury. 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. 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, although improvements
were made due to increased staffing. The Department of Public
Prosecutions had 15 prosecuting attorneys, an increase of two from
2008, and 11 paralegals. The paralegals served as lay prosecutors and
prosecuted minor cases in the magistrate courts. Retention of
government attorneys was a problem.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and citizens have access to a
court to bring lawsuits seeking damages for, or cessation of, human
rights violations. The law provides for administrative remedies as well
as judicial remedies for alleged wrongs; however, a lack of resources
and legal professionals restricted the number of cases pursued and
resulted in a large backlog. During the year the MHRC received 132
complaints of limited access to justice and 26 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.
On December 2, the parliament passed a law legalizing warrantless
searches. The MHRC reported that in the period prior to the change,
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.
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 (MBC) and Television Malawi (TVM).
The independent media were active and expressed a wide variety of
views; however, the government imposed some restrictions. A broad
spectrum of political opinion was available in the country's
newspapers. There were 11 independent newspapers, including two
dailies, one triweekly, and four weeklies.
There were 22 private radio stations that broadcast only in urban
areas. MBC dominated the radio market with its two stations,
transmitting in major population centers. State-owned TVM was the sole
television broadcaster. In the period prior to the May national
elections, the news coverage and editorial content of MBC and TVM
clearly favored the president and his party; coverage of other
political parties was more critical, and they received less airtime.
Private broadcaster Joy Radio was closed by police on polling day to
prevent it from covering the elections.
Journalists were subjected to arrest, harassment, and intimidation
due to their reporting.
For example, on February 24, in the period prior to the national
elections, police arrested Mzimba Community Radio Station manager Sam
Lwara, accusing him of violating the Communications Act. The charges
were later amended to conduct likely to cause a breach of peace. Lwara
was released on bail, and the case was pending at year's end.
On May 23, police arrested Gilbert Tembo, an editor employed by the
information department at the Ministry of Information and civic
education, accusing him of being in possession of seditious materials.
Tembo was released on bail and the case was pending at year's end.
On July 7, Gabriel Kamlomo, Zodiak Broadcasting Station editor, was
arrested for publishing false material likely to cause public alarm and
fear. Kamlomo was released on bail, and the case was pending at year's
end.
There were no developments in the 2008 arrest cases of journalists
James Mphande and Mike Chipalasa.
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 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.
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.
No action was taken against police responsible for the use of
excessive force to disperse demonstrators in 2007 and 2008.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right. The government required all organizations, including political
parties, to register with the ministry of justice, and registration was
routinely granted.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right.
Churches continued to exert significant political influence,
particularly in rural areas.
There are no separate requirements for the recognition of religious
groups, but they must register with the government. Foreign Christian
missionaries experienced occasional delays in renewing employment
permits; however, this appeared to be the result of bureaucratic
inefficiency rather than policy.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination aimed at religious
groups. However, there were anecdotal complaints from religious
minorities regarding limited employment and educational opportunities.
The Jewish community was very small, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
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 law prohibits forced exile, and the government did not use it.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the 1969 African Union Convention Governing the Specific Aspects of
the Refugee Problem in Africa. Its laws provide for the government's
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.
According to the Office of the UN High Commissioner for Refugees
(UNHCR), there were two attempts of refoulement during the year. Since
the UNHCR was unable to verify if the two individuals affected were
under threat in their respective countries of origin, it classified the
incidents as ``attempts.''
On August 30, Congolese national John Badesire Mitterand, who had
been in country as a recognized refugee since 2004, was deported to the
Democratic Republic of the Congo. The UNHCR was given no official
explanation for the deportation. Upon his return to Malawi on December
14, Mitterand was arrested and, despite a court order staying another
deportation until his case could be reviewed, deported again on
December 25.
Also on August 30, Ethiopian national Abute Bashayu was deported to
Ethiopia. Bashayu, who had been in country since February 2008, had an
asylum application pending at the time of his deportation. The UNHCR
was given no official explanation for the deportation.
By law the government does not accept refugees for permanent
settlement. The government cooperated with the UNHCR in assisting
refugees and asylum seekers but restricted refugees' ability to move
freely and work outside of refugee camps.
The government provided temporary protection to approximately 752
individuals during the year who may not qualify as refugees under the
1951 Convention or the 1967 Protocol.
While no legal framework existed, the government allowed refugees
to seek both employment and educational opportunities, although it
restricted these activities outside the refugee camps. Refugees with
professional degrees, especially those with medical training, were
given work permits to pursue employment outside the camps. The UNHCR,
NGOs, and the government collaborated to provide education to children
in refugee camps.
Security forces sometimes intimidated refugee and asylum seekers.
Police routinely performed sweeps of refugees found illegally outside
of camps and returned them to camps. Local citizens often accused
refugees of theft and demanded their deportation.
In July a mob reportedly killed an Ethiopian refugee accused of
stealing maize from a village near the Dzaleka camp. By year's end no
arrests had been made.
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 largely free and fair elections based on universal
suffrage.
Elections and Political Participation.--International election
observers found the May presidential and parliamentary election an
improvement on the 2004 elections; however, they identified some
shortcomings. In particular, 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.
In 2005 the five-year term of district and municipal assemblies
ended as stipulated by law. Constitutionally mandated local government
elections were scheduled for May 2005, but the government did not hold
the elections, citing a budgetary shortfall related to a food crisis.
Civil society criticized the government for delaying the elections. In
November the parliament amended the constitution, placing the timing of
local elections in the hands of the president. These elections were
scheduled for 2010. The future structure of local government itself was
expected to be addressed in the January 2010 session of parliament.
There were 42 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, full
implementation of the law continued to be a challenge. The World Bank's
2008 Worldwide Governance Indicators reflected that corruption was a
serious problem. Public sensitivity to corruption increased due to
media campaigns. President Mutharika spoke out publicly against
corruption and cautioned government officials to refrain from
questionable activities. Efforts to combat corruption and promote
transparency continued.
The Malawi Anti-Corruption Bureau (ACB) functioned under a new
director after an extended period without a permanent head. The ACB
continued to bring cases and was generally seen as competent and
effective, but it continued to be hampered by a lack of resources.
Indictments of former high-level government officials proceeded
slowly. Many of the cases were delayed in the courts due to legal
challenges 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 volume and
quality of complaints increased during the year; investigations by the
media into alleged corruption also increased. The ACB had achieved 60
corruption convictions since 2004.
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 560 complaints of human rights
violations during the year. The government cooperated with
international governmental organizations and permitted visits by UN
representatives and other organizations.
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 by law to investigate and
take legal action against government officials responsible for human
rights violations and other abuses. The executive secretary of the
Ombudsman's Office stated that government agencies usually cooperated
in responding to requests for information. While activities of the
ombudsman were subject to judicial review, he operated without
government or party interference.
The Office of the Ombudsman continued to lack adequate resources,
having only 15 staff members to handle the investigations process for
the entire country, and some recommendations were referred to
parliament after being ignored or challenged by government departments
and agencies. The ombudsman received fewer complaints during the year,
due to the public's rising awareness that some complaints should be
directed to other government agencies including the ACB, MHRC, and the
Public Service Commission.
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; they suggested
that rape was a widespread problem.
The judiciary continued to impose penalties on persons convicted of
rape, including up to 14-year prison sentences for child rape and
assault.
For example, on February 12, Kingstone Kambalame was sentenced to
12 years' imprisonment for raping a 12-year-old.
In March law professor Kandako Mhone was arrested for raping a
minor repeatedly since 2006. The case was pending at year's end.
On July 12, Paul Bobi was sentenced to five years in prison after
pleading guilty to raping a 14-year-old girl.
Domestic violence, especially wife beating, was common, although
women seldom discussed the problem openly, and victims rarely sought
legal recourse. Legal experts and human rights workers attributed
victims' reluctance to report their abusers to economic dependence on
the abuser, lack of awareness of their legal rights, and fear of
retribution and ostracism. The law provides a maximum penalty of life
imprisonment for domestic violence. The law also recognizes that both
men and women can be perpetrators as well as victims of domestic
violence. Police regularly investigated cases of rape and sexual
assault but did not normally intervene in domestic disputes. Police
victims support units provided shelter to some abuse victims and dealt
with human rights and gender-based violence, but officers' capacity to
assist and document cases was limited.
Prostitution is legal and prevalent around hotels and bars in urban
and tourist areas; however, the law prohibits living off wages earned
through prostitution, owning a brothel, or forcing another person into
prostitution. Loitering was the main charge under which prostituted
women were arrested, resulting usually in small fines.
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 female, which carries up to a 14-year prison
sentence, or insulting the modesty of a woman, which is a misdemeanor
punishable by one year in jail. There was no available data on the
extent of sexual harassment or effectiveness of government enforcement.
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. Due to a shortage of
doctors, nurses and midwives were a critical component of prenatal and
postnatal care. 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 speak out against 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
utilize the formal legal system benefited from these legal protections.
In a few isolated areas, a widow was sometimes forced to have sex with
in-laws as part of a culturally mandated ``sexual cleansing'' ritual
following the death of her husband. In some cases she was ``inherited''
by a brother-in-law or other male relative. Although there 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.
Children.--Citizenship can be derived at birth under the concept of
jus soli--birth within the country--or jus sanguinis--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. The system had not been fully implemented by
year's end, and until it is implemented, there is no requirement for
registration of births. However, there were no reports of
discrimination or denial of services due to lack of birth registration.
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, have historically been unable to complete even a primary
education and therefore were at a serious disadvantage in finding
employment.
Child abuse remained a serious problem. The press reported a
significant number of cases of sexual abuse of children, including
arrests for rape, incest, sodomy, and defilement.
A July 2008 report from the Mzuzu police victims support unit
indicated that abduction, child abuse, and child rape cases had risen
during the year. The Church of Central Africa, Presbyterian, paralegal
department also reported an increase in child abuse and defilement
cases.
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.
Abusive practices, including the secret initiation of girls into
their future adult roles, were widespread. 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, still existed in
some areas. The MHRC expressed concern over reports of parents forcing
their daughters into marriages for food.
The law does not specifically prohibit female genital mutilation
(FGM), and it was practiced by a few small ethnic groups. In most cases
FGM was performed on girls between 10 and 15 years of age, less often
on 16 to 20 years. A joint government and UN Children's Fund awareness
campaign against harmful cultural practices affecting children included
the subject.
The widespread belief that children were unlikely to be HIV
positive and that sexual intercourse with virgins can cleanse an
individual of sexually transmitted diseases, including HIV/AIDS,
contributed to the sexual exploitation of minors.
The Ministry of Gender, Child Development, and Community
Development undertook various activities to enhance protection and
support of 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.
A few charitable organizations attempted to reduce the number of
child beggars in urban areas; however, the problem of street children
remained serious, as the number of orphans whose parents died from HIV/
AIDS increased. Extended family members normally cared for such
children and other orphans.
Trafficking in Persons.--The law does not prohibit specifically
trafficking in persons, and women, children, and men were trafficked
to, from, through, and within the country. The government attempted to
combat trafficking using existing laws. Although the age of sexual
consent is 14, there is no age specified for the protection of minors
from sexual exploitation, child prostitution, or child pornography.
The country is a source, transit, and destination point for women
and children trafficked for sexual purposes locally and to brothels
abroad, particularly in South Africa. Victims trafficked to South
Africa were typically between 14 and 24 years old and were recruited
with false offers of marriage, study, or employment. There were also
several documented cases of young boys and men being trafficked to
Tanzania. For example, in July a group of 29 trafficked Malawian men
and boys were found to be working in the fishing industry in the Lake
Rukwa district of Tanzania. Child trafficking for agricultural work
took place around borders with Zambia and Mozambique. Also, childrenand
a smaller number of women from Zambia, Mozambique, Tanzania, Burundi,
and Zimbabwe were trafficked to Malawi for forced labor and commercial
sexual exploitation.
Poverty and low educational levels contributed to such
exploitation. Traffickers involved in land border trafficking to South
Africa and Tanzania were typically long-distance truck drivers and
minibus operators. Local businesswomen, who also travel regularly to
Tanzania, South Africa, and other neighboring countries to buy clothing
items for import, were identified as traffickers as well. Children were
primarily trafficked internally for agricultural labor but also for
cattle herding, domestic servitude, commercial sexual exploitation, and
to perform menial tasks for small businesses.
A study issued in 2008 by the center for social research and
Norwegian church aid found that between 500 and 1,500 women and
children were trafficked within the country annually. Approximately 35
percent of those trafficked were children between the ages of 14 and
18.
The penal code contains several provisions relating to prostitution
and indecency that the government has used to prosecute traffickers.
During the year the government prosecuted child traffickers; most of
the cases involved trafficking of children for agricultural labor and
cattle herding.
International trafficking was done on valid travel documents
obtained through unlawful means. The country's easily forged passport
was used regularly by traffickers; the government continued attempts to
remedy the misuse by recalling the passports and issuing a new type
with enhanced security features. Trafficking occurred at both
unmonitored crossing points and official points of entry.
Some convicted child traffickers were sentenced to prison or
required to pay fines; however, trafficking was usually treated as a
misdemeanor, and perpetrators often paid only a small fine.
Police and the Ministry of Gender, Child Development and Community
Development handled cases brought to their attention and provided some
services for victims, including counseling and reintegration
assistance. The ministry repatriated victims to their home villages.
Children were resettled with their families and most offenders were
fined.
While the government continued to implement a multiyear strategy to
protect vulnerable children from exploitation, it did not provide
specific funding to combat trafficking in persons. There was no
reportable progress on the development of a nationwide,
interministerial plan to identify the extent of trafficking and
possible solutions.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 has
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 defined
as ``carnal knowledge of any person against the order of nature.'' It
is illegal and is punishable by up to 14 years in prison in addition to
corporal punishment. On December 28, two men were arrested in Blantyre
and charged with illegal carnal knowledge and committing acts of
``gross indecency with another male person.'' The men were denied bail
and were in jail awaiting trial at the end of the year.
Societal violence and discrimination based on sexual orientation
occurred. The Center for Development of the People (CEDEP) reported
that two cases of violence resulting in serious injury were perpetrated
against gay men during the year. The victims did not report the attacks
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 were having some success. The national
AIDS commission stated 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. Union leaders estimated that 12
percent of the formal sector workforce belonged to unions; however,
accurate statistics were not available. Employers, labor unions, and
the government lacked sufficient knowledge of their legitimate roles in
labor relations and disputes, which limited their effectiveness in
implementation and enforcement of the law. The law provides for unions
to conduct their activities without government interference.
Unions must register with the Registrar of Trade Unions and
Employers' Organizations in the Ministry of Labor, and registration was
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 occur only after all
settlement procedures established in a collective agreement and
conciliation efforts have failed. 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).
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.--Unions have the
right to organize and bargain collectively, and the government
protected this right. The law requires that at least 20 percent of
employees (excluding senior managerial staff) belong to a union before
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.
There were no reports of antiunion discrimination.
A total of 24 firms held licenses to operate under export
processing zone (EPZ) status, and 20 were operational. There are no
special laws or exemptions from regular labor laws in export processing
zones; however, many companies in the EPZs resisted union activity, and
union organizers stated they had little access to workers in the EPZs.
c. Prohibition of Forced or Compulsory Labor.--The government
prohibits forced or compulsory labor, including by children; however,
there were reports that such practices occurred. Forced labor is
punishable by a maximum fine of 10,000 MWK ($68) 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, leading to a situation of debt and bonded
labor to repay the input and other costs.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 14 years of age, and
children between the ages of 14 to 18 may not work in jobs that are
considered hazardous or that interfere with their education;
nevertheless, child labor was a problem.
In June 2008 the Ministry of Labor stated that more than 1.4
million 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 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,
and to Tanzania to work in the fishing industry.
A report issued by Plan International in June 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.
There were no further developments in the October 2008 arrest of
Lilongwe restaurant owner Mohamed Abed Ali and his employee Petro
Kandindi for hiring four boys to clean a septic tank used by the
restaurant.
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 ($136) or five years' imprisonment for violations.
The ministry continued to conduct child labor law enforcement
courses for district labor officers, district social welfare officers,
police, and district magistrate court officers. During the year the
ministry continued inspections, particularly on agricultural estates.
There were 31 district labor officers and an estimated 150 labor
inspectors at year's end. There was no information available on the
number of inspections carried out during the year.
The labor ministry youth committees in rural areas continued to
monitor and report on child labor. Despite these efforts enforcement by
police and ministry inspectors of child labor laws was hindered by lack
of funding.
e. Acceptable Conditions of Work.--The Ministry of Labor sets
separate urban and rural minimum wage rates based on recommendations of
the tripartite wage advisory board (TWAB), composed of representatives
of labor, government, and the private sector. However, poor functioning
of the TWAB resulted in delayed and inadequate wage rate revisions. The
urban minimum was 142 MWK ($0.97) per day; in all other areas, it was
105 MWK ($0.72) 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 12.6 million, is a
constitutional democracy. International and domestic observers
characterized the April 2007 presidential election, which resulted in
the reelection of President Amadou Toumani Toure, and the July 2007
legislative elections as generally free and fair; however, there were
some administrative irregularities. The north experienced periodic
violence involving Tuareg rebels, ethnic violence, and the terrorist
organization al-Qaida in the Islamic Maghreb (AQIM). While civilian
authorities generally maintained effective control of the security
forces, there were instances in which elements of the security forces
acted independently.
The government generally respected its citizens' human rights;
however, there were problems, including the arbitrary or unlawful
deprivation of a 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, isolated cases of fraud in communal elections, official
corruption and impunity, domestic violence and discrimination against
women, female genital mutilation (FGM), trafficking in persons,
societal discrimination against black Tamacheks, 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.
Tuareg rebels, AQIM, and ethnic factions committed abuses against
civilians in the north.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--In contrast to 2008,
there were no reports that the government or its agents committed any
politically motivated killings; however, there was one report of a
killing by a national guardsman.
On July 14, outside of Kita, national guardsman Lassine Goita shot
minibus driver Sountou Koumba Sissoko for allegedly failing to stop at
a checkpoint. The driver later died as a result. The next day
widespread rioting occurred in Kita in reaction to the killing. Youth
burned and looted public buildings as well as set fire to government
vehicles. Security forces were deployed to Kita to restore order. The
government arrested Goita as well as 35 rioters, and the National Guard
dismissed Goita from its ranks. At year's end, Goita and the rioters
remained in detention, and their cases were pending before an
investigative judge.
The investigation into the November 2008 killing of one person and
the injuring of six others in Lere by troops from the National Guard
Mehariste (camel back) Unit of Lere resulted in a finding by the
government commission of inquiry that the guardsmen had not used
excessive force.
There were no developments in the April 2008 killings of two
Tuaregs, Commandant Barka ag Cheikh and his driver Mohammed ag Moussa,
or in the 2007 death of Youssouf Dembele.
b. Disappearance.--There were no reports that the government
committed 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
the use of excessive force to disperse a demonstration.
There were no developments in the September 2008 case of several
Congolese accorded refugee status by the UN high commissioner for
refugees (UNHCR), whom Malian police allegedly arrested, beat, and then
released the same day.
Prison and Detention Center Conditions.--Overall prison conditions
remained poor. Prisons continued to be overcrowded. For example, the
central prison in Bamako housed 1,825 prisoners in a facility designed
to hold 400. The Sikasso Prison held 178 prisoners in a facility built
for 50. In addition, medical facilities were inadequate and food
supplies were insufficient. Inadequate sanitation and medical
facilities posed 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.
The government permitted prison visits by human rights monitors;
however, nongovernmental organizations (NGOs) and other monitors were
required to submit a request to the prison director, who then forwarded
it to the Ministry of Justice. Approvals, which took up to one week,
were routinely granted, but the week delay hindered the ability of
monitors to ascertain if there were human rights violations. Several
NGOs, including the Malian Association of Human Rights and the Malian
Association of Women Lawyers (AJM), visited prisoners and worked with
female and juvenile prisoners to improve their conditions.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, there were reports
that this occurred.
In May the Supreme Court overturned the 2007 conviction of bank
chief executive officer (CEO) Mamadou Baba Diawara and investment
company CEO Ismaila Haidara for fraud; however, the minister of justice
ordered that they not be released. Diawara remained in prison at year's
end. Haidara was released prior to the minister's order reaching the
prison where he was held. Authorities arrested the prison warden,
Sekouba Doumbia, who released Haidara, and he remained detained at
year's end (see section 1.e.).
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. 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.
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 on which 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 indigent; however,
an insufficient number of lawyers--particularly outside of 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 the 48-hour period. During
May, two magistrate labor unions, the Autonomous Union of Magistrates
and the Free Union of Magistrates, as well as the National Union of
Clerks of Court (SYNAG) went on strike, claiming that the government
failed to comply with an agreement regarding magistrate pay; many
criminal suspects were held in excess of the 48-hour period during the
strike. Media reports also indicated that, during the strike, some
persons were not released after completing their sentences. Suspects
must be transferred from a police station to a prison within 72 hours
after being arrested; however, in practice detainees were sometimes
held more than 72 hours. Limited rights of bail or the granting of
conditional liberty exist, particularly for minor crimes and civil
matters. On occasion authorities released defendants on their own
recognizance.
The law stipulates that 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.
In September the judiciary held the first of a series of special
sessions planned by the Ministry of Justice to reduce the case backlog
and ease prison overcrowding. Some prisoners awaiting trial were tried;
many were found guilty and, having been detained for a period longer
than the legal punishment, were sentenced to time served.
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 that there were widespread instances of bribery and influence
peddling in the courts.
There were problems enforcing court orders.
On March 31, authorities arrested Auditor General Sidi Sosso Diarra
for failing to abide by a December 2008 Supreme Court order concerning
a personnel dispute in the Office of the Auditor General (OAG). He was
released later the same day following intervention by the minister of
justice. It was alleged that Diarra's arrest had little to do with the
personnel dispute, but was rather in retribution for his role in
anticorruption efforts.
On May 27, the Supreme Court's criminal division reversed the
convictions of Habitat Bank of Mali CEO Mamadou Baba Diawara and West
African Investment Company CEO Ismaila Haidara for fraud. The chief
public prosecutor at the Supreme Court, Cheickna Detteba Kamissoko,
then issued a routine order to release Diawara and Haidara. Media
reports indicated that the court justices may have been bribed to reach
this decision and that the court's handling of the case was irregular.
For example, the public prosecutor failed to keep the minister of
justice apprised of the case's progress, the case was added to the
docket at the last minute while the country's president was out of the
country, and the release order was signed faster than normal. Minister
of Justice Maharafa Traore instructed authorities not to enforce the
court's decision. Diawara was not released, but Haidara had already
been released prior to the minister of justice's order reaching the
prison. Minister of Justice Traore also ordered the chief public
prosecutor to file an appeal of the decision; however, the law does not
provide a process for appealing a Supreme Court decision. On June 3,
the president's council of ministers fired Chief Prosecutor Kamissoko
and the Supreme Court's general counsel, Moussa Keita. The minister of
justice, in accordance with the law, appointed their replacements. On
July 16, authorities arrested Lieutenant Sekouba Doumbia, the warden
who released Haidara, after he publically defended his action. At
year's end, Diawara and Doumbia remained in detention, while Haidara
was reportedly in hiding in Germany.
The minister of justice appoints and may suspend judges, and the
Ministry of Justice supervises both law enforcement and judicial
functions. The president of the country heads the Council of
Magistrates, which oversees judicial activity.
The country has a lower circuit court, a Supreme Court with both
judicial and administrative powers, and a Constitutional Court that
oversees constitutional issues and acts as an election arbiter. The
constitution also provides for the convening of a High Court of Justice
to try senior government officials in cases of treason.
The military court system was not operational.
Village chiefs 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.--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 lacked the financial means to
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 the 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.--
The north experienced periodic violence involving Tuareg rebels, ethnic
violence, and AQIM.
In January and February, in response to the December 2008 Northern
Mali Tuareg Alliance for Change (ATNMC) attack on a military base in
Nampala as well as previous repeated attacks by armed Tuareg groups
against government forces, government forces launched an offensive
against the ATNMC. The offensive contributed to defections among ATNMC
leader Ibrahim ag Bahanga's men; Bahanga subsequently fled the country
to Libya.
During the year Tuareg rebel groups participated in disarmament
ceremonies. For example, on February 13-17, several hundred Alliance
for Development and Change members disarmed pursuant to their
obligations under the 2006 Algiers Accord.
Persons displaced by attacks by rebels and other armed groups of
Tuaregs in 2008 were reported to be returning home.
On January 7, on the road between Gao and Kidal, rebels believed to
be associated with the ATNMC carjacked and detained two Malian Electric
Company employees for five days. The rebels also briefly held and then
released the car's driver and two other passengers, one of whom was a
child.
There were unconfirmed reports that government security forces
mistreated Tuareg combatants taken prisoner during fighting. On January
15, one Tuareg prisoner died while in government custody.
Sporadic violence between the Ganda-Izo militia, composed of ethnic
Peulhs and Songhai, and neighboring Tuareg factions in the area of
Ansongo (Gao Region) continued. On January 1 and January 7, grenade
attacks in Gao targeted Tuareg leaders and resulted in the death of at
least one civilian. On June 12, six Tuaregs were killed in the town of
Tandagdagorane when attacked by a group of 14 Peulh and Songhai
assailants wielding automatic weapons and grenades. Twelve days later,
three Peulhs were killed in an apparent reprisal attack in the town of
Fitili. For three days beginning July 24, further attacks in the
commune of Tessit caused an additional 16 deaths among the Peulhs. The
violence was aggravated by the arrival of ethnic Peulh nomads from
Niger and Burkina Faso seeking to pasture their livestock.
In April authorities released Ganda-Izo leader Amadou Diallo, who
was arrested in September 2008 in Niger and then extradited to Mali.
On June 5, a group of Berabiche Arabs, believed to have been led by
Lamine Tahar, abducted and held hostage nine elected officials from
Timbuktu. The group reportedly wanted to disrupt the selection of
representatives for Timbuktu's regional assembly and force an Arab
candidate to be named president of the assembly. Three of the hostages
were released on June 5, and the remaining six were freed on June 8.
During the year the terrorist organization AQIM killed persons as
well as held persons hostage.
On June 10, in Timbuktu, armed assailants, believed to be
affiliated with AQIM, assassinated Malian intelligence officer and
Berabiche Arab leader Colonel Lamana Ould Bou at his residence.
On January 22, bandits abducted European tourists Edwin Dyer,
Marianne Petzold, Gabriella Greitner, and Werner Greiner along the
border with Niger and later handed them over to AQIM. AQIM released
Petzold and Greitner on April 22, killed Dyer on May 31, and released
Greiner on July 12.
There were developments in the case of UN envoy to Niger Robert
Fowler, his assistant Louis Guay, and their driver Soumana Moukaila,
who disappeared in Niger in December 2008. AQIM held them in Mali,
where they were later released. Moukaila was released in March. Fowler
and Guay were released on April 22 along with the two European tourists
mentioned above.
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 an individual
arrested for publically criticizing the government and of a journalist
arrested.
On January 14, the leader of the association Circle for Youth
Reflection and Action, Mahamane Mariko, was arrested and held without
charge for 28 hours following a press conference in which Mariko
criticized government policy in the north and called for the use of
force against Tuareg rebels.
The independent media were active and expressed a wide variety of
views.
On February 26, Nouhoum Keita, a journalist for Radio Kayira, a
network of stations critical of the government, was arrested on charges
of fraud. Prior to his arrest, Keita stated on a radio program that he
suspected government officials tried to set him up and that he was
going to file a lawsuit to learn the identities of those officials. On
April 15, authorities released Keita.
There were no developments regarding cases reported in 2008.
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 April 13, police prevented a homosexual group from assembling on
the margins of a conference in Bamako concerning HIV/AIDS.
On the night of February 16-17, following days of rioting in the
Bamako neighborhood of Banconi Salembougou, police allegedly used
excessive force and tear gas to disperse demonstrators, resulting in
numerous injuries. The confrontation stemmed from a land dispute in
which a court ordered a popular neighborhood leader to vacate a
property. The leader and his supporters occupied the disputed property,
and protesters reportedly blocked roads as well as damaged and looted
property.
There were no developments in the October 2008 incident of police
using excessive force to disperse protesters in the Bamako neighborhood
of Medina Coura.
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.--The constitution and law provide for
freedom of religion, and the government generally respected this right.
The government required that all public associations, including
religious associations, register; the process was routine and not
burdensome. Traditional indigenous religious groups were not required
to register.
Societal Abuses and Discrimination.--The Jewish population was
estimated at fewer than 50, and there were no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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. Police routinely stopped and checked both citizens and
foreigners to restrict the movement of contraband and to verify vehicle
registrations. Some police and gendarmes extorted bribes.
The government cooperated with the 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).--By midyear, large numbers of
the several thousand IDPs who were displaced in Kidal region in 2008 by
attacks by Tuareg rebels were reportedly returning home due to
increased security.
In June intercommunal violence in Gao Region, notably Ansongo,
Tessit, Ouatagouna, Boura, Inmahag, Lellehoy/Tantala, and Baba Sorgos,
displaced an estimated 200 families. In Boughessa, an estimated 400
families were displaced due to drought and the impact of earlier
confrontations between the army and Tuareg rebels.
The government provided some assistance to IDPs, allowed the
International Committee of the Red Cross (ICRC) access to IDPs, and
permitted IDPs to accept assistance provided by humanitarian
organizations. The distances involved, difficult local terrain, land
mine concerns, and rebel attacks early in the year hampered assistance
efforts. The government did not attack or target IDPs or forcibly
return or resettle them.
Protection of Refugees.--The country is party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. Its 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 the UNHCR.
The government provided temporary protection to individuals who may
not qualify as refugees and provided it to 34 persons 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 the 2007 elections
as generally free, fair, and without evident fraud, but there were
administrative irregularities.
On April 26, voters participated in local elections to select
members of the country's 703 communal councils. Domestic and
international observers characterized the elections as generally free
and fair; however, some isolated administrative irregularities and
instances of fraud were reported. For example, serious cases of fraud
were reported in Ber and Tarkint. Prior to the election, political
parties expressed concern regarding the accuracy of voter registration
lists. In Bamako, on election day, authorities arrested 94 persons for
suspected electoral fraud. Most of the 94 cases involved the possession
of stolen voter registration cards. At least 16 of these persons were
convicted and sentenced to one to three months in jail; others were
released for lack of evidence. At year's end, all 94 persons had been
released, either for lack of evidence or because they had served their
sentence.
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 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 frequently extorted money. Corruption in the judiciary was
widespread.
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 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 2008 (released in 2009) estimated that
approximately 98 billion CFA francs ($210 million) in revenue had been
lost due to fraud and mismanagement, including lost revenue in the
Customs Office, the Treasury, and the Social Security Agency. There
were no developments with regard to the previous annual reports of the
auditor general.
During the year the OAG examined nine entities that were discussed
in its 2008 report. The examination found that 74 percent of the
auditor general's fraud prevention and financial management
recommendations had been implemented in these entities. There were no
criminal prosecutions for corruption based on previous annual reports
of the auditor general.
There were no developments regarding the case of Ahmed Sow, who
resigned from his position as minister of energy, mines, and water in
September 2008 due to corruption allegations stemming from his previous
role as the director of the EU's Center for Business Development.
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.
Major local human rights NGOS included the Collective of Women's
Associations and NGOs (CAFO), the AJM, Women and Children Rights Watch
(ODEF), the Women and Children's Rights Committee (CADEF), Women and
Human Rights, the Mali Human Rights Association (AMDH), the black
Tamachek Association (TEMEDT), Mali Enjeu, and ENDA-Tiers Monde.
Government officials met with NGOs on a variety of matters.
The government usually cooperated with international organizations
and permitted visits by UN representatives and other organizations,
such as the ICRC.
The National Commission on Human Rights (CNDH) is part of the
Ministry of Justice. The CNDH is an independent institution under the
constitution. It did not operate effectively during the year.
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.
Women.--The law criminalizes rape; however, the government did not
enforce the law effectively. Only a small percentage of rape cases were
prosecuted, and most rape cases were not reported. There is no law
specifically prohibiting spousal rape, but law enforcement officials
stated that 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. Information on
the number of abusers who were prosecuted, convicted, or punished 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, which was meant 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 (approximately $1,071) or, if premeditated, up
to 10 years' imprisonment.
The Ministry for the Promotion of Women, Children, and the Family
(MPFEF) distributed a guide regarding violence against women for use by
health care providers, police, lawyers, and judges. The NGOs Action for
the Defense and Promotion of Women Rights and Action for the Promotion
of Household Maids operated shelters for abused female domestic
laborers.
Prostitution is legal and was common in cities.
The law does not prohibit sexual harassment, and it occurred
frequently.
Women's ability to make decisions regarding reproduction was
limited. Women faced pressure to defer to their husbands and family on
reproductive issues and often lacked sufficient information. Women
often did not have 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, but access to healthcare for both men and
women was limited.
Family law and traditional practices favor men. Women are legally
obligated to obey their husbands. Women 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 MPFEF 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.
The constitution provides for free universal education and the law
provides for compulsory schooling; however, many children did not
attend schools, 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. 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 Tamachek community reported that some Tamachek
children were denied educational opportunities due to slavery-like
practices.
An unknown number of primary school-aged children throughout the
country, mostly under age 10, attended part-time Koranic schools.
Koranic schools taught only the Koran and were funded by students and
their parents. Koranic masters often forced students, known as
``garibouts,'' to beg for money on the streets or work as laborers in
agricultural settings.
There were no statistics on child abuse. Most child abuse cases
went unreported. Sexual exploitation of children occurred. The police
and the social services department under the Ministry for Solidarity
and Social Development investigated and intervened in some reported
cases of child abuse or neglect; however, the government provided few
services for such children.
Female genital mutilation (FGM) was common, particularly in rural
areas, and was performed on girls between the ages of six months and
six years. Approximately 95 percent of women had been subjected to FGM.
The practice was widespread in most regions with the exception of
certain northern areas, occurred among most ethnic groups, was not
subject to class boundaries, and was not religiously based. There are
no laws specifically prohibiting FGM; however, a government decree
prohibits FGM in government-funded health centers. Government
information campaigns regarding FGM reached citizens throughout the
country, and human rights organizations reported that FGM decreased
among children of educated parents.
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.
On August 29, police reportedly arrested Amadou Diallo for planning
to marry his 12-year-old daughter to her 50-year-old-cousin. He was
released after three days, and the case was sent to the judicial
system. The child was sent to live with a female relative.
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 police's Division for Protection of Children and Morals
sometimes arrested child prostitutes. They were usually released a few
hours after their arrest. A 2004 governmental study, which involved 450
interviews, found that the children most at risk for sexual
exploitation were girls between the ages of 12 and 18, who worked as
street vendors or domestic servants or who were homeless children or
the victims of child trafficking. Such exploitation was most prevalent
in border zones, towns on transportation routes, and in mining areas.
The study noted that most cases of sexual exploitation went unreported
and recommended that the country strengthen its laws to protect
children.
Trafficking in Persons.--The law prohibits trafficking in children,
but does not address trafficking in adults, and there were reports that
women and children were trafficked to, from, and within the country.
Persons, including children, were trafficked between Mali and other
West African countries, including Burkina Faso, Cote d'Ivoire, Guinea,
Senegal, Mauritania, Niger, and Nigeria, for the purposes of forced
labor and commercial sexual exploitation. Most child trafficking
occurred within the country. Children were trafficked for agricultural
work, domestic servitude, begging, gold mining, and prostitution.
The principal traffickers were mostly from West African countries,
and included Koranic teachers known as ``marabouts'', as well as
smugglers of a variety of goods. In many cases, parents in rural areas
entrusted their children to traffickers, mistakenly believing false
assurances that the children would be provided with economic or
educational opportunities.
Child trafficking is punishable by five to 20 years' imprisonment.
There were no reports of trafficking-related prosecutions during the
year.
On June 3, in Nioro du Sahel, government officials took Sidamar ag
Cherif into custody after he attempted to cross into Mauritania with 16
children and was turned back at the border by Mauritanian officials.
The trafficker was released without charges the next day. The NGO ENDA-
Tiers Monde provided temporary care for the children and returned them
to their families.
On December 17, in Nioro du Sahel, officials arrested Sidamar ag
Cherif for attempting to cross into Mauritania with eight children
without proper travel documents. ENDA-Tiers Monde provided temporary
care to the children. Authorities released ag Cherif, and the children
were placed back into his custody. According to authorities, ag Cherif
had parental consent to take the children to Mauritania. ag Cherif then
attempted again to take the children to Mauritania, but Mauritanian
authorities turned him away at the border. At year's end, ag Cherif and
the children remained in Nioro.
There were no developments in the cases of three persons in Kita,
who were arrested for trafficking 26 children and then released in June
2008 on their own recognizance; of seven Burkinabe children repatriated
in December 2008 after being trafficked by a Koranic school teacher to
the country; or of two Ivoirian nationals arrested in 2007 and then
released on their own recognizance for trafficking boys from Cote
d'Ivoire.
The Ministry for the Advancement of Women, Children, and the Family
is charged with coordinating activities to combat trafficking, but it
lacked sufficient funding and was not effective. The Ministry of
Justice, the Ministry of Territorial Administration, and the Ministry
of Labor and Civil Service also have responsibilities related to
combating trafficking.
When requested, the government assisted with international
trafficking investigations and the extradition of citizens accused of
trafficking in other countries, but there were no such cases reported
during the year. The government worked closely with international
organizations and NGOs to coordinate the repatriation and reintegration
of trafficking victims.
Welcome centers operated by NGOs in Bamako, Kayes, Koulikoro,
Mopti, Segou, and Sikasso assisted in returning trafficked children to
their families. The MPFEF worked with foreign governments to facilitate
repatriation of victims to their countries of origin.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--There is no specific law protecting the
rights of persons with physical 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 that
provided basic services.
National/Racial/Ethnic Minorities.--Societal discrimination against
``black'' Tamacheks, often referred to by the label Bellah, continued.
Some black Tamacheks were deprived of civil liberties by other ethnic
groups due to traditional slavery-like practices and hereditary
servitude relationships between certain ethnic groups. Black Tamachek
communities in Gao and Menaka also reported systematic discrimination
by local officials and others that hindered their ability to obtain
identity documents or voter registration cards, locate adequate
housing, protect their animals from theft, seek legal protections,
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 of a gay rights association. On April 13, in
Bamako, police prevented homosexual activists from assembling on the
margins of a conference concerning HIV/AIDS in the homosexual
community. Societal discrimination based on sexual orientation was
widespread. There was not official discrimination on the basis of
sexual orientation.
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.
The law prohibits the contractual use of persons without their
consent; penalties include a fine and hard labor. Penalties increase to
20 years' imprisonment if a person under age 15 years of age is
involved.
Many black Tamacheks continued to be subjected to slavery-like
practices and hereditary servitude relationships, particularly in the
northern regions of Gao, Timbuktu, and Kidal. According to NGOs, the
judiciary was reluctant to act in slavery-related cases.
In February local government officials facilitated the rescue of
Nalewat, a black Tamachek woman in Bambara-Maounde, who was held as a
hereditary slave for 14 years. Her child was also released. In November
2008 Nalewat succeeded in escaping and filed a police report, but was
reclaimed in December 2008 by the man who asserted traditional
ownership rights. During the year Nalewat filed a legal complaint
against him, resulting in an out-of-court settlement of 1,000,000 CFA
($2,142).
On February 6, a black Tamachek man with seven children,
Aboubakrine ag Kamotane, filed a legal slavery-related complaint with
local authorities in Timbuktu against Afna. The complaint included
claims that Afna forcibly married ag Kamotane's daughter, gave ag
Kamotane's sons to relatives, physically assaulted ag Kamotane, and
took ag Kamotane's property. There were no further developments in the
case by year's end.
There were no developments in the 2008 slavery-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.
There were no developments in the case of Moumou ag Tamou, a black
Tamachek child taken from his family by Hamed Lamine ag Alwafi in Kidal
in September 2007.
Debt bondage occurred in the salt mines of Taoudenni, in the
country's north. Individuals primarily of Songhai ethnicity, including
some children, worked as salt miners to pay off debts owed to
businessmen in Timbuktu.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code has 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 and domestic labor sectors.
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 work in domestic work or light seasonal work,
and limits the number of hours that they may work. No child is
permitted to be employed for more than eight hours per day under any
circumstances. Female children 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 the children between the ages of seven and 14
were economically active, and over 40 percent of children in this age
group were subjected to the worst forms of child labor. Child
trafficking occurred. Some Koranic schoolmasters forced boys to beg for
money or perform agricultural labor. Children, especially girls, were
used for forced domestic labor and prostitution. Child labor in the
mining sector, including salt mining in Taoudenni and gold mining, was
also a problem. Black Tamachek children were forced to work as domestic
and agricultural laborers.
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.
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. On February 4, the government
finalized a list of hazardous occupations in which children are
prohibited from working.
e. Acceptable Conditions of Work.--The national minimum wage was
28,465 CFA francs ($61) 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 minimum wage is set, with advice
from the Ministry of Labor, by presidential decree. The ministry 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 3.4 million, is a
highly centralized Islamic republic governed by President Mohamed Ould
Abdel Aziz, whose election on July 18 ended the 11-month political
crisis caused by the August 2008 coup d'etat against former President
Sidi Ould Cheikh Abdallahi. President Aziz had served as head of state
and head of the governing junta, the High State Council (HSC), until he
resigned from the military on April 22 to formally run for office. The
presidential election, declared free and fair by international
observers, followed the June 4 Dakar Accord, a consensual agreement
brokered by Senegalese President Wade and the international community
to end the country's political stalemate. In compliance with the Dakar
Accord, deposed President Abdallahi returned on June 27 to form a
Transitional Government of National Unity and voluntarily resigned from
office. Following the election, civilian authorities maintained
effective control over the security forces.
During the year there was deterioration in the human rights
situation. Citizens did not have the right to choose their government
until the July 18 election. Other problems included mistreatment and
torture of detainees and prisoners; security force impunity; lengthy
pretrial detention; harsh prison conditions; arbitrary arrests and
political detention; limits on freedom of the press and assembly,
including police beating of demonstrators and arrests of journalists;
restrictions on freedom of religion; and corruption. Other problems
included slavery and slavery-like practices, discrimination against
women, female genital mutilation (FGM), child marriage, political
marginalization of southern-based ethnic groups, and child labor.
During the year the HSC and President Aziz's administration
continued the national reconciliation program for the repatriation of
Afro-Mauritanian refugees from Senegal and Mali, in coordination with
the Office of the UN High Commissioner for Refugees (UNHCR). On
December 31, repatriation operations were successfully ended with the
arrival of the last group from Senegal. On March 25, the HSC signed a
framework agreement to compensate 244 widows of Afro-Mauritanian
military personnel killed during the 1989-91 expulsion of Afro-
Mauritanians and held a memorial for the victims on the same day. The
agreement and memorial represented the authorities' first public
acknowledgement of the government's role in the ethnic killings and
expulsions of 1989-91. During the year President Aziz' government also
conducted a census of former teachers among returnees in order to
reinstate them in their former positions with the Ministry of
Education.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
there were credible reports that police beat and mistreated detainees
and prisoners. Those who lacked money or influential family or tribal
ties reportedly were most likely to be mistreated. The May and November
reports of the Mauritanian National Bar Association (ONA) maintained
torture was a common practice in prisons. As in the previous year,
security forces used torture as a method of investigation and
repression, and perpetrators acted with impunity. Security forces
tortured detainees to extract confessions. Torture methods included
electric shocks, burnings, beatings, pulling out of hair, and sexual
violence. According to Amnesty International, there were no known cases
where authorities investigated reports of torture or abuse or took
action against perpetrators.
On August 28, imprisoned terrorist suspect Taher Ould Biye called
on authorities to end the mistreatment of himself and other Salafist
prisoners at the Nouakchott Central Prison. There was no government
response by year's end.
On September 27, Al Jazeera television showed images of national
guardsmen at the Nouakchott Central Prison beating and water boarding
convicted terrorist suspect Khadim Ould Semane. Al Jazeera also aired a
telephone interview with Semane, who stated that he was subjected to
electric shocks and degrading treatment. Authorities said the images
and interview were staged, and no government investigation occurred by
year's end.
On April 8, suspected terrorist Cheikhani Old Sidina died in
prison. A spokesman for the families of imprisoned Islamists told the
press that Cheikhani had been tortured while in prison and reportedly
was denied medical treatment. There was no government response to the
torture allegation by year's end.
In August authorities arrested Mohamed Ould Zeidane for questioning
allegedly related to his brother's suicide bomb attack near the French
embassy on August 8. Zeidane's father told the press that Zeidane was
tortured during his detention. There was no government response by
year's end.
During the year there were no reports that authorities investigated
the May 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 May 2008 reported torture
of 39 terrorist suspects involved in the 2007 killings of four French
citizens and the February 2008 attack against the Israeli embassy.
Prison and Detention Center Conditions.--Prison conditions were
harsh, and the government's capacity to administer detention facilities
remained poor. Funds to improve prison conditions remained inadequate.
The November ONA report denounced overcrowding, violence among inmates,
and poor medical care in prisons. The Dar Naim Prison, for example, was
designed for 300 prisoners, but held 899. Serious overcrowding
contributed to the spread of diseases. Prisoners with health conditions
received little or no care and medical supplies remained insufficient.
Due to poor security conditions and the fact that dangerous prisoners
coexisted with nondangerous ones, prisoners lived in a climate of
violence and some had to pay bribes to other prisoners to avoid being
brutalized and harassed. On September 24, the local press reported
malnutrition, poor health, and hygiene conditions at the Dar Naim
Prison. Conditions reportedly worsened further during Ramadan, and
soaring food prices and shortages resulted in a daily diet of a can of
sardines and a piece of bread for each of the 899 inmates.
During the year there were reports on the poor prison conditions of
terrorist suspects. For example, on August 28, the local press reported
that Amar Ould Saleh, a terrorist suspect, was dying from tuberculosis
and was not receiving medical treatment or medication. That same day
suspect Tahere Ould Biye denounced the poor conditions and long
detention periods at Nouakchott Central Prison. On September 14,
families of Salafist detainees protested poor detention conditions in
front of the Central Prison. The wife of detainee El Mami Ould Othman
stated he was in declining health with deficient medical attention.
There was no government response or investigation of these cases during
the year.
The ONA's August report criticized ``the nonrespect of human lives
in prisons,'' and highlighted the April 8 death of terrorist suspect
Chikhani Ould Sidina, reportedly due to negligence and denial of
medical treatment. The report also highlighted the August 6 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.
There were credible reports of torture, beatings, and abuse in
police detention centers, several prisons throughout the country, and
gendarmerie and military facilities.
Women and minors 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 nongovernmental organizations (NGOs), such as the Noura
Foundation, Caritas, and Terre des Hommes provided educational and
economic opportunities for current and former juvenile and female
detainees. Prison overcrowding was reportedly due to the high number of
pretrial detainees.
Many prisoners were unable to leave their extremely crowded cells
or breathe fresh air for months or years at a time. As a result
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.
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.
On September 15, the fourth district judge visited the Dar Naim
Prison to study the situation of incarcerated minors. No statements or
reports were issued following the visit. On September 15, 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 by year's
end.
During the 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 on
April and in Nouakchott on September 1. On April 26, the government
opened a Center for the Re-education of Minors in Conflict with the Law
in partnership with a local NGO, Terre des Hommes.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but the authorities did not
observe these prohibitions.
Under the HSC, the military arrested a number of political figures
and journalists without charge or hearings.
The ONA reports during the year highlighted multiple cases of
arbitrary detentions and of individuals kept in prison without ever
being charged, tried, or released despite court orders for their
release.
For example, on April 20, Moustapha Ould Mohamed Ahmed, was
acquitted by the Supreme Court of all charges against him, but remained
in prison until May 31.
On March 3, Yahya Ould Mohamedou Nagi, the son of a well-known
opposition leader, received a suspended sentence, but remained in
prison until March 23.
On December 24, Hanevy Ould Dehah, director of the news Web site
Taqadoumy, was scheduled to be released after serving his sentence for
crimes against Islam (see section 2.a.) and after paying all imposed
fines and legal fees. In protest for his continued detention, Dehah
began a hunger strike on December 28; however, he remained imprisoned
without official public explanation at year's end. On December 31,
Reporters Without Borders called for Dehah's release, stating that
``keeping him in jail after having served a completely disproportionate
prison sentence constitutes a serious violation of existing laws.''
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.
Police reportedly held suspects involved in the 2007 Aleg murders
and 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.
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 due to 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 nearby 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 is a bail system, but
sometimes judges refused lawyers' requests for bail or set inordinately
high bail amounts.
According to ONA, 60 percent of detainees in the Dar Naim Prison
were on preventive detention under judicial order to prevent them from
fleeing from prosecution or committing criminal offenses. 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. ONA's November 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
On April 8, General Aziz pardoned Al Aqsa newspaper director Abdel
Fettah Ould Abeidna who was sentenced to one year in November 2007 for
falsely accusing a prominent businessman of involvement in a drug
scandal. Ould Abeidna had been in prison since November 2008 following
his extradition from Dubai. According to the Mauritanian Human Rights
Commission, 118 detainees received presidential pardons during the
year.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, it was not independent in
practice. The executive branch continued to exercise significant
influence over the judiciary through its ability to appoint and
pressure judges. In addition, poorly educated and trained judges were
susceptible to social, financial, and tribal pressures, which limited
judicial fairness. International donors funded training for prosecutors
and judges during the year to increase judicial efficiency.
There is a single system of courts consistent with modified
principles of Shari'a law. Departmental, regional, and labor tribunals
are the courts of first instance at the lower level. The 53
departmental tribunals, composed of a president and magistrates with
traditional Islamic legal training, heard civil cases involving sums
less than 10,000 ouguiya (approximately $37) and family issues,
including domestic, divorce, and inheritance cases. A total of 13
regional tribunals accepted appeals in commercial and civil matters
from the departmental tribunals and heard misdemeanor cases. At the
middle level, three courts of appeal, each with seven chambers (civil,
commercial, administrative, and penal chambers, as well as criminal,
minors, and labor courts) heard appeals from the regional courts and
have original jurisdiction for felonies.
The High Court of Justice (HCJ) also lacked independence because
its members are elected from both parliamentary houses. The HCJ reviews
decisions and rulings made by the courts of appeal to determine their
compliance with law and procedure. It also has jurisdiction to hear
cases of abuse or corruption by high government officials.
Constitutional review is within the purview of a six-member High
Constitutional Council. The annual review is intended to determine
whether courts applied the law correctly and followed proper
procedures. Reviews also serve as a basis for evaluating the reform
process and reassigning judges based on their qualifications. No
reviews took place during the year.
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. By law all defendants,
regardless of the court or their ability to pay, have the legal right
to representation by counsel during the 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 not efficiently 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 has proven 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.
Shari'a 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. Those between the ages of 12 and 18 are tried and, if
convicted, sentenced to the detention center for minors.
During the year, ONA denounced violations of the legal code and
procedural rules for political purposes, particularly in high-profile
cases. For example, authorities arrested the director of the Agency for
the Promotion of Popular Savings and Credit Accounts, Ahmend Ould
Khattri, before the Mauritanian Central Bank launched an investigation
into allegations of mismanagement, and before a judge had reviewed the
case.
Political Prisoners and Detainees.--During the year ONA denounced
the case of former prime minister Waghef whom junta authorities had
arrested and charged for embezzlement by a civil court in November 2008
following his initial arrest during the August 2008 coup. On June 4,
Waghef was released on bail as an opposition precondition for signing
the Dakar Accord.
Civil Judicial Procedures and Remedies.--The Administrative Court
has the jurisdiction to hear complaints of human rights violations. NGO
representatives stated they collaborated with the court but that it was
not impartial in practice.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the government usually
respected these rights in practice. Individuals could criticize the
government publicly or privately; however, police questioned and
detained members of the press on several occasions.
For example, journalists for the Web site Taqadoumy were arrested
or detained on numerous occasions due to their online articles or
comments criticizing the junta. On March 15, police arrested Taqadoumy
editor Abou al-Abbas Ould Braham on charges of defamation and intent to
destabilize the country for publishing articles about the junta.
Following international and domestic protests, Braham was released on
March 18.
On June 18, Hanevy Ould Dehah, Taqadoumy's director, was arrested
on charges of defamation against presidential candidate Ibrahima Sarr
for publishing an article stating that Sarr bought a house with
campaign money from General Aziz. Dehah, who was kept in prison despite
the expiration and nonrenewal of his arrest warrant on July 26, was
sentenced in August 19 to six months in prison and fined 30,000 ouguiya
($111) for committing acts contrary to Islam and decency, charges
unrelated to those leading to his arrest. The sentencing judge accused
Dehah of creating a space allowing individuals to express anti-Islamic
and indecent views due to a female reader's comments made on the
Taqadoumy site calling for increased sexual freedom. On August 19, the
NGO Reporters Without Borders condemned the decision as
disproportionate.
On September 12, police arrested Taqadoumy journalist Djibil Diallo
after his article criticizing Libyan President Qadhafi was posted.
Diallo was released without explanation or charge on September 15.
Previous cases of journalist detention include the March 2008
detention of Assiraje newspaper journalist Mohamed Salem Ould Mohamedou
for unknown reasons. Mohamedou was released after a few days and was
never charged.
The trials of journalists Mohamed Nema Oumar and Mohamed Ould
Abdellatif had not begun by year's end. Oumar and Abdellatif were
detained and charged with defamation in June and July 2008 following
the publication of an Al-hurriya newspaper article accusing three
judges of corruption.
There were no developments in the October 2008 case of trade union
activists' assault on Al Jazeera cameraman Mohamed Ould Moustafa due to
his film coverage of post-coup opposition activities.
The independent media were active and expressed a wide variety of
views with limited restrictions. However, some journalists practiced
self-censorship in covering areas deemed sensitive, including the
military, foreign diplomatic missions, corruption, and Shari'a and
there were reports of intimidation of journalists who covered sensitive
issues.
There were approximately 30 privately owned newspapers that were
published on a regular basis in both French and Arabic. NGOs and the
privately owned press openly criticized the government and its leaders.
Two daily newspapers, Horizons (in French) and Chaab (in Arabic), were
government owned and generally focused on official news. On December
10, the government announced it would reopen official media to the
opposition; but by year's end only some opposition views were released
in official outlets.
On August 6, immediately following the coup, military authorities
blocked the road to the presidential palace. This action prevented
several newspapers from publishing that day since the country's only
printing press is located on the same road. There were no reports that
the government restricted opposition access to the printing press
during the year.
All local broadcast media remained state owned. Radio France
International was rebroadcast locally, and citizens could receive
worldwide television broadcasts through satellite receivers and dish
antennas. Nevertheless, despite the lack of deregulation laws, the
private television channel DAVA continued to operate during the year
following its 2008 launch. The June 2008 suspension of the privately
owned Radio Citoyenne's broadcasts, plus other radio and television
programs devoted to civic education, continued during the year.
Internet Freedom.--There were occasional government restrictions on
access to the Internet. On March 16, the general prosecutor ordered the
two main Internet providers to block online access to the Taqadoumy
site. Due to local and international protests, access was restored on
March 19.
On June 25, Mauritel, the leading Internet provider, blocked access
to the Taqadoumy site for the day.
Individuals and groups could generally engage in the peaceful
expression of views via the Internet, including by e-mail.
Nevertheless, Taqadoumy director Hanevy Ould Dehah was sentenced on
August 19 for ``acts contrary to decent behavior'' for contributing to
the creation of a space where a female user made comments calling for
increased sexual freedom in the country.
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 2008, approximately 1.4 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, on May
24, customs police arrested singer and Senator Malouma Mint Elmeida
upon her return to the country. The police seized 200 CDs and 1,000
cassettes of Elmeida's new album, which featured anti-coup songs.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution guarantees freedom of assembly. The law
requires that organizers apply to the local prefect (hakim) for
permission to hold large meetings or assemblies. Permission was
generally approved, but on numerous occasions the authorities denied
permission to hold demonstrations. Public demonstrations with varying
levels of violence, both supporting and opposing the coup, were
reported around the country. There were a number of incidents in which
security forces forcefully dispersed opposition demonstrations.
For example, on March 16, police violently dispersed a journalist
demonstration in support of freedom of speech and Taqadoumy journalist
Abbas Braham who had been arrested on defamation charges the day
before. Several of the journalists were beaten and injured.
On April 2, police used tear gas and batons to violently disperse
hundreds of anti-coup activists who attempted to march from the
National Union for Democratic Alternatives party headquarters to the
Capital Stadium. Several people, including political leaders were
injured. Boubacar Messaoud, president of the NGO SOS Esclaves received
neck injuries after reportedly being targeted by police during the
march.
On April 3, police used tear gas and batons to disperse a group of
female activists from the National Front for the Defense of Democracy
(FNDD), who were attempting to march outside of the Peoples Progressive
Alliance headquarters.
On April 19, police used batons to disband a peaceful protest by
female politicians from the FNDD and Rally of Democratic Forces (RFD)
parties who were protesting against the coup in front of the UN
building. Some women were injured and taken to the hospital.
On May 25, police attempted to enter the Union of The Forces for
Progress (UFP) party headquarters in Nouadhibou during a peaceful UFP,
RFD, and Tawassoul sit-in calling for a return to constitutional order.
Police beat several demonstrators with batons.
On December 16, police used tear gas and batons to break up a
protest in support of arrested businessmen Mohamed Ould Noueiguedh,
Cherif Ould Abdellahi, and Abdou Maham.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right.
All political parties and local NGOs must register with the
Ministry of the Interior, while all international NGOs must register
with the Ministry of Economic Affairs and Development. The government
encouraged local NGOs to join the Civil Society Platform, a government-
sponsored entity implemented in January. NGOs that are members of the
platform do not receive government funding.
The country has approximately 74 registered political parties and
numerous NGOs, which generally functioned openly, issued public
statements, and chose their own leadership. The government did not
prevent unrecognized political parties or NGOs from functioning
c. Freedom of Religion.--The constitution establishes the country
as an Islamic republic and decrees that Islam is the religion of its
citizens and the state. The government continued to prohibit
proselytizing by non-Muslims and the printing and distribution of
bibles and other non-Islamic religious materials. However, the
possession of bibles and other Christian religious materials in private
homes was not illegal. Bibles and other religious publications were
available among the small Christian community, which was composed
almost entirely of expatriates. There was a multidenominational church
in Nouakchott with a regular schedule of services.
The government did not register religious groups, although NGOs--
including humanitarian and development NGOs affiliated with religious
groups--had to register with the Ministry of the Interior. The
government continued to restrict Protestant groups from meeting in
members' homes until they received official permits. On September 14,
Police Commissioner Abdel Vettah Ould Hababa shut down three churches
frequented by West Africans in the Sebkha district of Nouakchott.
According to press reports, the police confiscated bibles and furniture
and briefly arrested 81 persons, including the pastor.
Societal Abuses and Discrimination.--A very small number of
expatriates practiced Judaism.
Prior to the June 18 election, tracts showing a demon-like
depiction of President Abdallahi's face inside a Star of David and
surrounded by anti-coup leaders were distributed widely in Nouakchott
during the period leading up to the June 6 elections. The designer of
the tracts remained unknown.
On June 23, a foreign NGO worker, Christopher Leggett, was killed
by two gunmen upon arriving at his workplace in Nouakchott. Al-Qa'ida
in the Islamic Maghreb (AQIM) claimed responsibility for the murder,
stating Leggett had been targeted for his Christian proselytizing
activities. Government authorities and civil society condemned the
killing. Two suspects were arrested on July 17 and a third on July 24.
They remained in custody and awaited trial at the end of the year.
In February 2008 terrorists affiliated with AQIM shot at the
Israeli Embassy and adjacent buildings. The government publicly
condemned the attack. Five persons were reportedly injured. The nine
suspects who were arrested remained in prison at year's end without
trial.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation. The government generally respected these rights, but
persons lacking identity cards could not travel freely in some regions.
During the year HSC authorities reportedly restricted international
travel of some opposition members.
During the year the government, in response to an increased
terrorist threat, set up 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 UNHCR and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, returning refugees, asylum seekers, stateless
persons, and other persons of concern; however, the government lacked
resources to effectively support these persons. 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. According to UNHCR, the deficiencies stemmed
from bureaucratic delays rather than policy. 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. 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 in order to reinstate them
in their positions with the Ministry of Education. According to UNHCR,
approximately 17,130 Afro-Mauritanian refugees returned during the year
as part of a national repatriation program. These were among the
estimated 25,000 to 34,000 Afro-Mauritanians who took refuge in Senegal
and Mali during the 1989-91 expulsion.
The contents of the settlement agreement between the HSC and the
widows of 1989-91 victims on March 25 remained secret, and some victims
complained they were not fully aware of the terms and conditions of the
settlement when they accepted it. Some victims favorable to the
settlement described it as a first step, but not a final resolution.
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 or its 1967 protocol, or the 1969
African Union Convention Governing the Specific Aspects of the Refugee
Problem in Africa. However, there is a system for providing such
protection. In practice the government provided protection against the
expulsion or return of refugees to countries where their lives or
freedoms would be threatened. The government provided protection to
approximately 790 refugees during the year.
During the year the government worked to assist UNHCR, the European
Commission, and the government of Spain in returning migrants to their
countries of origin after attempts to reach the Canary Islands by sea.
The government operated a migrant reception center in the Dahklet
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 July 2008 report that recommended the center's closure
based on its operation outside legal frameworks.
UNHCR determined that conditions at the Nouadhibou migrant
reception center were acceptable. During the year local human rights
organizations denounced police abuses of foreigners in the Nouadhibou
region based on reports of police picking up immigrants
indiscriminately in order to fill quotas or to request bribes in return
for their release. The government did not respond to these reports by
year's end.
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 in the act of attempting illegal travel to the Canary
Islands.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides for universal direct and indirect
suffrage, a republican government, and the regular election of the
president and legislature. However, prior to the July 18 election, the
HSC, led by General Aziz, remained in power due to the August 2008 coup
which supplanted the office of the president while retaining the
parliament and appointing a new prime minister. The HSC also reserved
the right to exercise legislative authority as well if it deemed the
legislature ineffective. The country returned to constitutional rule on
June 27 following the voluntary resignation of then president Abdallahi
and the formation of a Transitional Government of National Unity. The
election was boycotted by the opposition, and Aziz won with 53 percent
of the vote. The results were recognized by the international
community.
Elections and Political Participation.--The country enjoyed a
peaceful transition from military rule to a democratically elected
government with the July 18 election as president of former HSC leader
General Aziz, who won 53 percent of the vote. Although opposition
groups claimed the election was fraudulent and requested an
investigation, national and international observers judged the election
to be free and fair, and the Constitutional Council certified the
election results on July 23.
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 on November 8 resulted in the
ruling UPR party winning 14 of 17 seats. The Islamic party Tawassoul
and independent candidates won the remaining seats. The opposition RFD
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.
There were 15 women in the National Assembly and nine women in the
Senate. The 29-member cabinet included six women, two Black Moors, and
seven 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
Brigade of Economic Crimes 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; however, corruption and impunity were
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.
On November 11, the former governor of the Central Bank, Sidel
Mokhtar Ould Nagi, and his deputy, Mahomed Ould Oumarou, were arrested
for mismanagement and diversion of approximately 24 billion ouguiya
($88 million) in 2000-01. On December 3, they were charged with
treason, forgery, diversion, and waste of public funds; their trial did
not begin by year's end.
On December 3, authorities arrested Mohamed Ould Noueiguedh,
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. On December 10, the
public prosecutor charged them with conspiracy in defrauding the
Central Bank of 14 billion ouguiyas ($52 million). The government
claimed the charges were part of an anticorruption investigation, but
the opposition claimed the arrests and charges were in retaliation for
the men's support of the opposition and their tribal affiliation.
On September 3, a Global Fund to Fight Aids, Tuberculosis, and
Malaria investigation uncovered widespread corruption in the management
of the fund's grant to the country. The Economic Crimes Brigade
arrested the country program coordinator, his executive secretary, and
two other individuals on October 3 in connection with the fraud scheme.
The suspects were not tried by year's end.
The government did not enforce the requirement for senior
officials, including the president, to file a declaration of their
personal assets. Members of the HSC did not declare their personal
wealth 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.
Major local human rights organizations included the Mauritanian
Association of Human Rights (AMDH), the Mauritanian League of Human
Rights (LMDH), SOS Esclaves, and the Mauritanian Association for
Maternal and Child Health, all of which were independent NGOs. These
NGOs were also members of several networks or coalitions such as the
National Forum of Organizations for Human Rights (FONADH) and the
National Commission of Human Rights (CNDH). Since the CNDH included
government members, it was not fully independent.
The government met with local NGO monitors during the year and
cooperated during visits by the UN and ICRC. UN Special Rapporteur on
Contemporary Forms of Slavery Gulnara Shahinian visited from October 24
to November 4 to study actions taken by the government to end slavery.
No report was released by year's end.
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 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 time.
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 highlighted 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
victims responsible for the rape.
Domestic violence was considered a serious problem. Spousal abuse
and domestic violence are illegal; however, the government did not
usually 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, but the
Association Femmes Chefs de Familles (AFCF) provided legal assistance
to 1,152 domestic violence victims during the year.
The police and 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
victims.
Although prostitution is illegal, NGO reporting indicated that it
was a growing problem in some urban areas, particularly among Afro-
Mauritanian and Black Moor women. Trafficking of Chinese women for
brothels catering to foreigners in Nouakchott and Nouadhibou was
reported.
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 in rural and urban areas. Many urban women endangered their
health by taking pills to gain weight or increase their appetite.
The government recognized the right of individuals and couples to
make reproductive health choices on their own without violence or
coercion. Men and women had equal access to diagnosis and treatment for
sexually transmitted infections, including HIV.
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 focussed on reproductive rights. 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's NGOs reported sexual harassment was a common problem at the
workplace, but there are no laws or penalties against it.
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 loose 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 practice,
polygamy continued to be rare among Moors but was gaining in
popularity. It was common among other ethnic groups. Arranged marriages
were increasingly rare, particularly among the Moor population. In
theory, the legal marriage age in the country is 18 but the law was
rarely enforced, and there were widespread reports of child marriages.
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 Shari'a, 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. In addition the validity
of and right to establish prenuptial agreements was not always
respected. The personal status code provides a framework for the
consistent application of secular law and Shari'a-based family law, but
the code had yet to be implemented. Human rights lawyers reported
judges treated differently cases concerning White Moor women and those
concerning slave or lower-caste women. Foreign women and Mauritanian
women also received different treatment by judges.
Women did not face legal discrimination in areas not addressed
specifically by Shari'a. The law provides that men and women should
receive equal pay for equal work. While not applied universally in
practice, the two largest employers, the civil service and the state
mining company, observed this law. In the modern wage sector, women
also received family benefits, including three months of maternity
leave.
The government sought to open new employment opportunities for
women in areas that were traditionally filled by men, such as health
care, communications, police, and customs services. Women continued to
become more involved in the fishing industry and established several
women's fishing cooperatives.
On February 25, the Ministry of Social, Child, and Family Affairs
launched a two-year program in cooperation with the UN Population Fund
to promote a socio-cultural 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 NGO GTZ, publicized women's rights and organized workshops
regarding their rights.
Children.--According to a new law adopted on December 25,
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 obtain the country's citizenship one year before
reaching majority. Minor children of parents who acquire Mauritanian
nationality are also eligible for Mauritanian 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 were no official data on the number of births that
go 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.
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 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. Local experts agreed that the least
severe form of excision was practiced and not infibulation, the most
severe form.
The government and international NGOs continued to coordinate anti-
FGM efforts focused on eradicating the practice in hospitals,
discouraging midwives from practicing FGM, and educating the
population. The government, the UN Population Fund, the UN Children's
Fund (UNICEF), and the national Imams' Association joined other civil
society members to emphasize the serious health risks of FGM and that
FGM was not a religious requirement. Government hospitals and licensed
medical practitioners were barred from performing FGM, and several
government agencies worked to prevent others from performing the
practice. According to several women's rights experts, the campaign
against FGM appeared to be changing attitudes towards the practice. On
February 6, the government and civil society organized a Zero Tolerance
day to raise awareness about FGM.
Local NGOs estimated that there were approximately 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.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, persons were trafficked to, from, and within the
country. Trafficking in persons was a serious problem. There were no
available estimates on prosecutions or sentencing of traffickers during
the year.
Young boys known as talibes were trafficked within the country and
from Mali and Senegal for forced begging by religious teachers called
marabouts. Children were trafficked within the country by street gang
leaders, who forced them to steal, beg, and sell drugs. Girls were
trafficked internally and from Senegal and Mali for domestic servitude.
There were reports that children were trafficked for forced labor
in agriculture, construction, fishing, and cattle herding.
Local NGOs reported trafficking of young girls to the Gulf States.
Often, the girls were married off to wealthy Gulf men in exchange for
bride price payments to their families, and the girls reportedly were
held as sex slaves, or prostitutes.
UNICEF, the Ministry of Justice, and the government of the United
Arab Emirates (UAE) continued collaborative efforts to compensate
children trafficked to the UAE as camel jockeys. According to UNICEF,
the UAE compensated 497 child jockeys between 260,000 and 1,560,000
ouguiyas ($1,000 to $6,000) per child. The UAE also provided 260
million ouguiyas ($1 million) towards a social reinsertion and poverty
reduction program for the children and their communities.
Despite the antislavery law, NGOs reported that slavery-related
practices and slavery itself persisted in isolated areas of the country
where a barter economy still prevailed (see section 7.c.) and also in
urban centers like Nouakchott. In March and April, local antislavery
organization SOS Esclaves reported two slavery and child abuse cases
involving minors Hana Mint Maria and Vatimetou Mint Mata Moulana.
According to SOS Esclaves and human rights lawyers, the court system
failed to remove the children from their abusive households or to
prosecute the alleged slave owners under either antislavery or child
abuse laws.
Government assistance and protection services for trafficking
victims remained limited, with most resources going towards prevention
in the form of training for police, gendarmes, and legal officials to
better identify, investigate, and convict traffickers. In addition
human rights organizations criticized the special police unit
established to protect talibes for not enforcing the laws. On October
23, the government announced the creation of a new security agency to
monitor all forms of trafficking via roads; but, at year's end, the
agency had not been established.
The labor code includes criminal penalties for human trafficking in
all of its recognized forms.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/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 or
education or public accessibility for persons with disabilities,
although it did provide some rehabilitation and other assistance for
such persons. The Ministry of Social Affairs, Children, and Family
oversaw social reinsertion programs for people with disabilities.
National/Racial/Ethnic Minorities.--Ethnic minorities faced
governmental discrimination. The inconsistent issuance of national
identification cards, which were required for voting, effectively
disenfranchised numerous members of southern minority groups. Racial
and cultural tension and discrimination also arose from the geographic
and cultural divides between Moors and Afro-Mauritanians. The Moors are
divided among numerous ethnolinguistic tribal and clan groups and
further distinguished as either White Moor or Black Moor, although it
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.
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. On August 23, according to human rights activists,
members of the Jaavra tribe physically attacked the former slave family
Ehel Brahim in Kifa following a land dispute. Fatimetou Mint Brahim and
her children were wounded. The attack was reportedly instigated by
Brrou Ould Mohamed Mahmoud Ould Cheikh. The perpetrators 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. In March human rights
groups reported the case of Salma Mint Jiddou, a Nouakchott widow,
whose inheritance was claimed by her husband's owners. In another case
in Hodh El Gharby, the family of Zeinabou Mint Brahim was deprived of
its inheritance by Cheikh Mohamedou Ould Cheikh Hamadoullah, who
claimed Mint Brahim was his slave. Despite a court ruling establishing
Mint Brahim's brothers and sister as the rightful heirs, the
authorities did not enforce the ruling by year's end.
On March 21, the government launched the 1 billion ouguiya ($3.7
million) Program to Eradicate the Effects of Slavery. 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. On March 9, the
government, in conjunction with the UN and a foreign donor, launched a
three-year 1.3 billion ouguiya ($5 million) conflict prevention program
aimed at promoting democratic values and the rights of marginalized
populations, including former slaves.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Under Shari'a 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. Although the official HIV-positive rate was estimated at
less than 1 percent, it was likely to be significantly higher because
of the stigma related to the disease, the lack of viable health
statistics, and the impression that victims were guilty of violating
Islamic practices.
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 military and police were
free to associate in and establish unions at the local and national
levels. The majority of the labor force was in the informal sector,
with most workers engaged in subsistence agriculture and animal
husbandry; only 25 percent were employed in regularly paid positions.
Nearly 90 percent of industrial and commercial workers, however, were
unionized.
To be legally recognized, a union must have the authorization of
the public prosecutor, who can provisionally suspend a trade union at
the request of the Ministry of the Interior if it believes that the
union has not complied with the law. The government has the 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. 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 exercised this right in practice.
Laws provide workers with protection against antiunion
discrimination; however, national human rights groups reported that
authorities did not actively investigate alleged antiunion practices in
some private firms owned by very wealthy citizens.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, men, women,
and children were trafficked for purposes of forced labor. The
antislavery law criminalizes the practice of slavery and imposes
penalties on government officials who do not take action on reported
cases; however, no cases were prosecuted during the year. The labor
code also includes criminal penalties for contracting to benefit from
forced labor and for exploiting forced labor as part of an organized
criminal network. Slavery-related practices, typically flowing from
ancestral master-slave relationships, continued in rural areas where
education levels were generally low and a need existed for herding
livestock, tending fields, and other manual labor. Slavery also
occurred in urban centers where young children were retained as unpaid
household servants. Some individuals considered themselves either
slaves or masters and were unaware that slavery had been abolished.
Human rights groups reported that persons in slave-like relationships
were persuaded by their masters to deny the relationship to activists.
Voluntary servitude continued, with some former slaves and
descendants of slaves continuing to work for former masters in exchange
for some combination of money, lodging, food, or medical care. The
reasons for the persistence of such practices varied widely among the
different ethnic groups; however, a barter economy, poverty, and
persistent drought provided few economic alternatives for many and left
some former slaves and descendants of slaves vulnerable to exploitation
by former masters. Adult females with children faced greater
difficulties and could be compelled to remain in a condition of
servitude, performing domestic duties, tending fields, or herding
animals.
There were reports that some former slaves continued to work for
their former masters or others without remuneration to retain access to
land they traditionally farmed. Although the law provides for
distribution of land to the landless, including to former slaves, it
has been enforced in only a few cases. Deeply embedded psychological
and tribal bonds also made it difficult for many individuals, who had
generations of forebears who were slaves, to break their bonds with
former masters or their tribes. Some persons continued to link
themselves to former masters because they believed their slave status
had been divinely ordained and they feared religious sanction if that
bond were broken. Former slaves often performed manual labor in
markets, airports, and ports.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides that children cannot be employed before the age of 14 in
the nonagricultural sector or under age 13 in the agricultural sector
unless the minister of labor grants an exception due to local
circumstances; however, child labor in some parts of the informal
sector was common and a significant problem, particularly within poorer
inner city areas. The law states that employed children between the
ages of 14 and 16 should receive 70 percent of the minimum wage and
that those between the ages of 17 and 18 should receive 90 percent of
the minimum wage. They should not work over eight hours a day and
should have one or several one-hour breaks.
The law prohibits all forms of trafficking in persons; however,
children were trafficked to, from, and within the country for the
purpose of forced labor.
Several reports suggested that young girls from remote regions, and
possibly from western Mali, were forced to work as unpaid housemaids in
some wealthy urban homes.
An unknown number of young talibes, nearly all from Halpulaar
tribes, begged in the streets as part of an arrangement with marabouts
for receiving religious instruction. There were reliable reports that a
small number of marabouts forced their talibes to beg for over 12 hours
a day and provided them with insufficient food and shelter. The
government continued a program to reduce the number of talibes and
partnered with NGOs to provide talibes with basic medical and
nutritional care.
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 like 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 seven, often unpaid, continued to be a problem. There
was no child labor in the modern industrial sector.
There was a labor inspectorate with the authority to refer
violations directly to the appropriate judicial authorities, but the
eight regional inspectors and 30 inspector/controllers lacked the basic
resources, such as transport and office equipment, needed to enforce
existing child labor and other labor laws.
e. Acceptable Conditions of Work.--The nationally mandated minimum
monthly wage for adults, which was not enforced, was 21,150 ouguiya
(approximately $81), which did not provide a decent standard of living
for a worker and family. All workers are covered by the minimum wage
law. 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 guaranteed minimum wage and they worked in very unfavorable
conditions. Sometimes they were not paid for several months.
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. In 2005 the Social
Alliance, a coalition led by Prime Minister Navinchandra Ramgoolam,
defeated the party alliance of the Mauritian Militant Movement (MMM)
and the Militant Socialist Movement (MSM) in national elections judged
by international and local observers to be generally free and fair.
Civilian authorities generally maintained effective control of the
security forces.
The following human rights problems were reported: security force
abuse of suspects and detainees; prison overcrowding; harassment and
intimidation of journalists; official corruption; violence and
discrimination against women; abuse and sexual exploitation of
children; discrimination against persons living with HIV/AIDS;
restrictions on labor rights, antiunion discrimination, forced labor,
including by children, and child labor.
RESPECT FOR HUMAN 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 May 29, the court exonerated for lack of evidence four police
officers involved in the 2006 death in custody of Rajesh Ramlugon, a
detainee; the officers were initially accused of abuse of authority and
of concealing evidence. On June 20, the daily L'Express reported that
the director of public prosecutions (DPP) had appealed the exoneration
to the Supreme Court, which had not heard the case by year's end. 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.
For example, on September 24, police arrested and beat a man who
later claimed he also was sexually assaulted, according to media
reports; the man was accused of obstruction, property damage, and
assaulting a police officer. Doctors at a private clinic determined he
had a skull fracture, bruising, and injuries to his genitalia and groin
area. A police investigation was ongoing at year's end.
Prison and Detention Center Conditions.--There were reports of
prisoner abuse, overcrowding, and drug abuse in the country's five
prisons, although unlike in previous years, there were no reports that
prison guards tortured prisoners. The Central Prison, which has a
capacity of 946, held 1,281 prisoners at year's end. On November 30,
there were 138 female prisoners and 2,216 male prisoners in the
country's prisons; 12 boys and 20 girls were held in juvenile prisons.
Unlike in the previous year, the independent National Human Rights
Commission (NHRC), which accompanied the UN subcommittee during its
2007 prison visits to the main island and Rodrigues Island, received no
complaints of abuse from prisoners.
A prisoner in Central Prison died after being stabbed by another
prisoner, according to a February 15 report in the newspaper Week-End.
A police investigation was ongoing at year's end.
The government permitted prison visits by independent observers,
including the press, the NHRC, local nongovernmental organizations
(NGOs), and the UN. The local NGO Association Kinouete also ran
programs to rehabilitate prisoners.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The police force is
headed by a police commissioner who has authority over all 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 NHRC investigates allegations of police abuse and may report
such cases to the Office of the DPP. By November 30, the NHRC had
received 66 complaints of physical or verbal abuse by police: 18
complaints were withdrawn or dismissed for lack of evidence, four cases
were referred to appropriate authorities for follow-up, and 44 cases
remained under investigation.
During the year the governmental Independent Commission Against
Corruption registered 88 complaints of corruption against police
officers: 23 cases remained under investigation, and 65 were
discontinued for lack of substantiation.
On June 8, the court sentenced a police officer who was initially
arrested and released in 2007 to 18 months in prison for conspiring to
facilitate the entry of Chinese citizens into the United Kingdom with
fraudulent documents.
Orientation training for all new police recruits included a segment
on human rights; management officers were required to take a refresher
course which was offered several times yearly. More than 200 candidates
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 person may bring the issue of bail before a magistrate.
Alternatively, if police concur with the accused, that person may be
released on bail the same day as the arrest. Individuals charged with
drug trafficking may be detained for up to 36 hours without access to
legal counsel or bail.
Due to a backlogged court system, approximately a third 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.
The judicial system consists of the Supreme Court, which has
appellate powers, and a series of lower courts. The Supreme Court has a
chief justice and 16 other judges, who also serve on the Court of
Criminal Appeal and the Court of Civil Appeal. Magistrates sit on
intermediate courts, the Industrial Court, the Family Court, the
Criminal Court, and the 10 district courts. Final appeal may be made to
the Privy Council in the United Kingdom. Both the family and criminal
courts heard cases throughout the year.
The DPP determines which court hears particular cases based on the
severity of the crime and anticipated punishment if the defendant is
found guilty. The DPP sends cases of crimes carrying a potential
penalty of life imprisonment to the Supreme Court, crimes of medium
severity to intermediate courts, and lesser crimes to district courts.
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 a 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, and the government generally
respected these rights in practice. However, police intimidated radio
journalists, and officials used libel laws to suppress media criticism
of political leaders.
Individuals could criticize the government publicly or privately
without reprisal.
The independent media were active and expressed a wide variety of
views. There were five daily and 12 weekly newspapers and three private
radio stations that offered diverse political viewpoints.
On December 2, police arrested the chief editor of Samedi Plus for
an article that he wrote and published on June 20. Authorities accused
the chief editor of publishing false news regarding potential
candidates to replace the commissioner of police. Authorities released
him on bail the same day, and an investigation was ongoing at year's
end.
The government owned and regulated the sole domestic television
network, and opposition parties and media experts regularly criticized
the station for its progovernment bias and unfair coverage of National
Assembly debates. International television networks were available by
subscription or via a cable box.
Internet Freedom.--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 2008,
approximately 30 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. Unlike in the
previous year, police did not fine bookstore owners for carrying copies
of The Satanic Verses, which has been banned since 1989.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Foreign missionary groups were allowed to operate on a case-by-case
basis. Although there were no regulations restricting their presence or
proselytizing, each missionary was required to obtain both a resident
permit and a work permit. The Prime Minister's Office must approve
issuance of these documents, and in practice there were limits on the
number of missionaries issued the requisite permits.
Societal Abuses and Discrimination.--Approximately 120 Jews resided
in the country. Unlike in the previous year, there were no reports of
graffiti on the walls of the local Jewish community organization's
headquarters.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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.
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, 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. 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.
In November 2008 the Passport and Immigration Office arrested six
Iraqi citizens who entered the country with fraudulent documents and
were en route to Australia to seek refugee status. The six were charged
with entering the country on fraudulent documents and detained at the
Central Prison. On March 25, the UN High Commission for Refugees
granted them refugee status and the next day the six were released on
bail. At year's end Amnesty International and the UN Development
Program were assisting the refugees in their search for asylum in a
third country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government 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 2005 national elections, in which the
opposition Social Alliance defeated the ruling MMM-MSM alliance, as
generally free and fair. Political parties operated without restriction
or outside interference.
There were 12 women in the 71-seat National Assembly. Following the
September 2008 cabinet reshuffle, there were two female ministers in
the 22-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. Authorities required
National Assembly candidates to identify themselves as Hindu, Muslim,
Sino-Mauritian, or ``general population,'' the latter term referring to
the Creole and Franco-Mauritian communities. Based on these categories,
in the National Assembly there were 41 Hindus, 19 members of the
general population, 10 Muslims, and one Sino-Mauritian. In the cabinet
there were 15 Hindus, three Muslims, three members of the general
population, and one Sino-Mauritian.
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 most recent Worldwide Governance
Indicators reflected that corruption was a problem.
On May 9, the local daily L'Express reported that the District
Council of Pamplemousses-Riviere du Rempart paid 13.8 million rupees
($460,000) above the agreed contract price to two cleaning companies;
the Independent Commission Against Corruption (ICAC) was investigating
the case at year's end.
On September 26, L'Express reported that the ICAC arrested the
director of the National Art Gallery for bribing the board chairman to
reappoint him as director; he was later released on bail.
On September 30, L'Express reported that the council of ministers
cancelled a call for tenders to import flour after bidders protested
tender criteria that favored a particular company.
The investigation of the former chairman of the Mauritius Ports
Authority for allegedly accepting a bribe in 2006 from a Dutch dredging
company was ongoing at year's end.
Ministers of Mauritius and commissioners of the Rodrigues Island
Regional Assembly are required to make a disclosure of family assets,
including the assets of spouses and children, upon taking office and at
the dissolution of the National Assembly or of the Regional Assembly.
The law provides for access to government information, and the
government generally complied with requests from noncitizens and
foreign media as well as from citizens.
Section 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.
Local human rights NGOs worked to assist persons with HIV/AIDS;
rehabilitate former prisoners; promote women's rights; and support the
lesbian, gay, bisexual, and transgender (LGBT) community. The
government regularly consulted NGOs in formulating policy and worked in
partnership with UN bodies and the local branch of Amnesty
International.
Police harassed an NGO worker during the year (see section 6).
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
also seeks redress for injustices committed by a public officer or
authority in official duties as an alternative to the court system.
The government cooperated with international governmental
organizations and permitted visits by UN representatives and other
international organizations.
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. The penalty for rape is 20
years' imprisonment, with a fine not exceeding 200,000 rupees ($833).
From January 1 through November 30, police received50 reported rape
cases, of which 47 were prosecuted; some prosecutions led to
convictions and punishment. Rape was widespread, and 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 complained police did not
effectively enforce the law. During the year more than 1,700 domestic
violence cases were reported; 415 abusers were prosecuted during the
year. Anyone found guilty of violating a protection order may be fined
up to 25,000 rupees ($833) or imprisoned for up to two years. The local
NGO SOS Femmes reported that women remained in abusive situations for
fear of losing financial support and that few filed complaints against
their abusers. The Ministry of Women's Rights, Child Development, and
Family Welfare maintained an abuse hotline and a Web site on legal
protections for victims.
Prostitution is illegal; however, it was prevalent.
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 37 complaints; six involved sex
discrimination, 15 involved sexual harassment, and 16 involved moral
harassment. At year's end six cases remained under investigation,
authorities dismissed nine for lack of evidence, the parties resolved
15 cases, plaintiffs withdrew two cases, and authorities completed five
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
provided access to contraception and skilled attendance during
childbirth, including essential obstetric and postpartum care. Women
were equally treated for sexually transmitted infections, including
HIV.
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, women were paid less than
men for substantially similar work in the private sector. The law
criminalizes the abandonment of one's family or pregnant spouse for
more than two months and the nonpayment of court-ordered food support.
The law affords women broadly defined wage protections, and authorities
generally respected the law in practice. The law protects women from
being forced to carry loads above certain weight limits.
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.
Primary education was compulsory, free, and universal.
Child abuse was more widespread than was acknowledged publicly,
according to NGOs. The law criminalizes certain acts compromising the
health, security, or morality of a child, although the government was
unable to enforce complete compliance. The state-funded National
Children's Council and the Ministry of Women's Rights, Child
Development, and Family Welfare provided counseling, investigated
reports of child abuse, and took remedial action to protect affected
children. The Police Unit for the Protection of Minors conducted public
education programs on the sexual abuse of minors.
On January 7, a 15-year-old boy from Rodrigues Island filed a
complaint for indecent act against a foreign citizen with permanent
resident status. A police investigation was ongoing at year's end.
Police investigations were ongoing in the following cases of child
abuse from 2008: 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.
The government assisted victims of child abuse by offering
counseling at a drop-in center 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.
Trafficking in Persons.--The law prohibits trafficking in persons,
and there were few reports that persons were trafficked to or from the
country; however, there were reports of child prostitution within the
country. The law provides for up to 15 years' imprisonment for
trafficking in persons. There were reports that some schoolgirls
voluntarily worked in conjunction with prostitution rings, while others
were forced into prostitution by family members.
Police prosecuted four trafficking cases during the year.
The Ministry of Women's Rights, Child Development, and Family
Welfare maintained a hotline for reporting cases of child prostitution.
The ministry also conducted information campaigns on child trafficking
for NGOs, high school students, women, and community leaders. The
Minors Brigade and the Family Protection Unit conducted information
campaigns on child prostitution and child sexual abuse for high school
students and the general population. The government drop-in center
provided shelter, counseling, and education for victims of child
prostitution.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities, and the Training
and Employment of Disabled Persons Board effectively enforced it. The
government partially implemented a law mandating access to buildings
for persons with disabilities; however, many older buildings remained
inaccessible to persons with disabilities, making it difficult for them
to fill many jobs. 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.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Local NGOs working on LGBT
issues included Collectif Arc en Ciel, Vivre+, and PILS. LGBT victims
of verbal abuse or violence within the family reported such incidents
to Collectif Arc en Ciel; however, victims refused to file complaints
with police for fear of reprisal.
Other Societal Violence or Discrimination.--The law protects the
rights of persons living with HIV/AIDS from stigmatization and
discrimination; however, there were reports of discrimination against
such persons and their relatives.
On June 6, the local newspaper Le Mauricien reported that for 48
hours prison officials denied anti-retroviral treatment to a new
detainee living with HIV. In the same article a Vivre+ social worker
reported 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 PILS recorded seven 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.
On August 29, Le Mauricien 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, and a police
investigation was ongoing at year's end.
Section 7. Worker Rights
a. The Right of Association.--The constitution and law provide for
the right of workers to form and join unions of their choice without
previous authorization or excessive requirements, and workers exercised
this right in practice. With the exception of police, the Special
Mobile Force, and persons in government services who were not executive
officials, workers were free to form and join unions and to organize in
all sectors, including in the Export Oriented Enterprises (EOE),
formerly known as 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. There were 337 unions
representing approximately 107,000 workers; 18 major labor federations
served as umbrella organizations for smaller unions. The unionized
workforce represented approximately 20 percent of the labor force.
In February the government promulgated the Employment Relations Act
and the Employment Rights Act, which provide 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,
passage of the Employment Relations Act and Employment Rights Act
during the year lengthened the process to declare a legal strike.
According to the new legislation, a labor dispute must 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. Foreign workers who
participated in strikes can be deported.
b. The Right to Organize and Bargain Collectively.--The law
protects collective bargaining, and workers exercised this right. The
National Remuneration Board (NRB), whose chairman 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, and the government
generally respected this right. The law does not provide for the
reinstatement of dismissed employees; however, employees can resort to
the Industrial Relations Court to seek redress.
Unlike in the previous year, no trade union leaders were suspended
or dismissed for union activities. All six trade union leaders who had
been previously suspended for union activities were reinstated during
the year.
National labor laws cover workers in the EOE; however, there are
some EOE-specific labor laws that 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.
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 ($333) 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 (MOL) is responsible for the enforcement of
child labor laws and conducted frequent inspections; however, it
employed only 45 inspectors to investigate all reports of labor abuses,
including those of child labor.
The MOL developed vocational training programs to prevent
employment of underage children.
e. Acceptable Conditions of Work.--The government established
minimum wages, which varied by sector, and mandated that the minimum
wage rise each year based on the inflation rate. The minimum wage for
an unskilled worker in the EOE was approximately 607 rupees ($20) per
week, while the minimum wage for an unskilled 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 industrial sector was 45 hours.
According to the Mauritius Labor Congress, 10 hours of overtime a week
is mandatory at certain textile factories in the 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. Unions
have reported cases of underpayment for overtime in the textile and
apparel industries due to differences in existing legislation and
remuneration orders for the calculation of overtime hours.
The government set health and safety standards, and MOL officials
inspected working conditions; however, the inadequate number of
inspectors limited the government's enforcement ability. Voluntary
employer compliance with safety regulations helped reduce the number of
occupational accidents. From January through November, the MOL
registered 160 industrial accidents. 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 21.5 million. President Armando Guebuza was reelected in
October 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. Although election day itself was
largely peaceful, donor nations, domestic and foreign observer groups,
and local civil society expressed concern over the ruling party's use
of government vehicles to campaign and the electoral procedures which
preceded the balloting, particularly the exclusion of six of nine
presidential candidates and the disqualification of one opposition
party's parliamentary candidates from seven of 11 provinces. Freedom
House has since removed Mozambique from its list of electoral
democracies.
The Front for the Liberation of Mozambique (FRELIMO) has been the
ruling political party since independence from Portugal in 1975. While
civilian authorities generally maintained effective control of the
security forces, there were some instances in which elements of the
security forces acted independently.
Incidents of serious human rights abuses, including vigilante
killings, occurred during the year. Security forces continued to commit
unlawful killings although the government took steps to prosecute
perpetrators. 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,
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,
security forces killed several individuals.
According to a 2009 report by Amnesty International (AI), unlawful
killings were carried out with near impunity and perpetrators impeded
families from pursuing justice. Despite claims that action was taken
against police officers for such acts, few of these crimes were
prosecuted, and there was a general lack of transparency in police
accountability mechanisms.
Violence as a first resort, excessive use of force, and abuse by
police remained problems. Between January 2006 and June, AI documented
26 incidents of police shooting resulting in at least 46 deaths. Many
of these cases were not adequately investigated, and in most of the
cases, no police officer was brought to justice for the killings.
However, the local nongovernmental organization (NGO) Human Rights
League (LDH) reported that authorities terminated and, in a few cases,
brought criminal charges against some officers for disciplinary
offenses during the year.
Police use of excessive force against striking laborers resulted in
one death (see section 7.a.).
On September 11, the newspaper O Pais reported that the police shot
and killed a 30-year-old for attempting to steal a side-view mirror.
There were no further developments by year's end.
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. An overly
anxious police force responded with a strong show of force and often
resorted to violence.
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.
In September 2008 a Maputo public prosecutor indicted Criminal
Investigation Police (PIC) agent Alexandre Francisco Balate of the 2007
killing of Abranches Afonso Pencelo. Balate was sentenced to 30 months'
imprisonment.
There were a few reports of death resulting from police abuse.
Unlike in the previous years, there were no reported killings as a
result of torture and other abuses by members of the Community Policing
Councils (CPC), nonstatutory bodies set up by the Mozambican National
Police (PRM) in many districts to prevent crime.
Landmine accidents resulted in deaths and injuries. The government
continued to cooperate with donors and international organizations as
well as commercial firms to clear suspected landmine areas. Despite
significant progress, landmines placed during the Rhodesian conflicts
of the 1970s, the war for independence in the 1980s, and the civil war
in the 1990s remained in many provinces. During the year hundreds of
landmines were removed from the base of power transmission stanchions
along a main transit corridor from the capital to the South African
border.
Killings by vigilante groups continued to be a problem. The LDH and
other civil society groups claimed these killings were related to the
increased cost of living, high unemployment rates, sustained high
levels of crime, lack of police presence in outlying metropolitan
neighborhoods, and an ineffective justice system. Most targets of such
killings were suspected muggers, thieves, sexual abusers, and drug
dealers. While nationwide statistics were not available, the press and
civil society reported killings by vigilantes, most of which occurred
in and around major urban areas, including the capital city.
For example, on May 12, the press reported that a mob attacked and
briefly occupied the police station in the southern town of Magude, in
an attempt to seize and lynch a suspected murderer.
On October 25, health workers and Mozambican Red Cross (CVM)
volunteers were accused of spreading cholera and attacked by irate mobs
in the coastal city of Quinga. Three CVM volunteers were killed. The
CVM volunteers were using chlorine to disinfect wells. Press reports
speculated that part of the violence might have been due to a
linguistic misunderstanding, given that Portuguese is not the first
language for many residents. (The Portuguese word for ``chlorine''
sounds like the word for ``cholera,'' and neither word was commonly
used.)
On December 17, a 13-year-old boy was beaten and burned to death by
a mob in Beira for allegedly stealing four ducks.
There were no developments in the 2008 deaths of several persons at
the hands of vigilante groups in Chimoio, Maputo, Matola, and Chokwe
districts.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the constitution and law prohibit such practices,
police continued to commit abuses. During the year human rights
advocates and the media reported occurrences of torture and other cruel
treatment, including several cases involving sexual abuse of women,
beatings, and prolonged detention.
Following reports of torture and high rates of death among prison
inmates in Tete, an observer group from the EU visited the prison. The
group reported that torture of prisoners by guards had occurred and
that the prisoners suffered from overcrowding, poor nutrition, lack of
medical care, and overall unhealthy living conditions.
On March 17, 13 prisoners suffocated to death in an overcrowded
jail cell in the northern district of Mogincual. On March 24, the
General Command of the police set up a commission of inquiry to
investigate the circumstances that resulted in their deaths. At year's
end the results of the investigation were pending.
Police use of excessive force against strikers resulted in death
and injuries (see section 7.a.).
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening.
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 14,309 prisoners, 66 percent of whom had been convicted
and the rest detained awaiting trial.
Overcrowding remained the most serious problem. In 2008 the LDH
noted that many prisons held more than three times the number of
prisoners for which they were built and that often prisoners slept in
bathrooms, standing up, or in shifts. For example, the most recent
statistics available showed that Maputo Central Prison held 2,538
prisoners in a facility designed to hold 800, and the Inhambane
Provincial Prison held 339 prisoners in a facility for 75.
During the year the LDH made 253 visits to prisons and detention
facilities. Based on those visits, LDH noted the following
characteristics of conditions in the prisons: harsh detention,
inadequate food, poor hygiene, overcrowding, adults and juveniles held
together, and prisoners kept beyond their sentences. The LDH described
35 facilities as ``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
(xima) 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. In May the UN Interregional Crime and Justice
Research Institute (UNICRI) announced plans to reorganize the juvenile
justice system with the creation of pre- and post-judgment centers for
juvenile offenders to support the juvenile justice courts. According to
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 UNICRI program includes training for 500
members of the justice and legal sectors, including police and judges.
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.
According to the LDH and confirmed by a report issued by the
UNICRI, pretrial detainees were held with convicted prisoners, and,
contrary to law, juvenile offenders were held with adults.
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. Following their visit to Tete's prison, the EU
noted that in the first three months of the year, 28 prisoners had
died, most from ``unknown'' causes. Also, in September O Pais newspaper
reported that two Zimbabwean prisoners died in March while in prison in
Manica.
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 that the LDH had entered into a memorandum of understanding
with the Ministry of Justice allowing it to visit prisons unannounced.
The LDH agreed to provide to the ministry any reports it planned to
issue but would be free to publish its own independent findings.
d. Arbitrary Arrest or Detention.--While the constitution and law
prohibit arbitrary arrest and detention, both practices continued to
occur.
Role of the Police and Security Apparatus.--Forces under the
Ministry of Interior, including the PIC, the PRM, and the Rapid
Intervention Force, are responsible for internal security. An
additional security body, the State Information and Security Service,
reports directly to the president. The Casa Militar (Presidential
Guard), provides security for the president. The armed forces are
responsible for external security.
The police continued to be poorly paid, despite an increase in pay
during the year. Trainee-level officers reportedly received
approximately 3,100 meticais ($105) a month, while those at higher rank
received approximately 4,500 meticais ($153) a month. Corruption and
extortion by police were widespread, and impunity remained a serious
problem. Police routinely removed their identification at checkpoints
after dark and refused to identify themselves or their police
precincts.
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.
The most common reasons for disciplinary action, according to
Maputo's police chief, were collaboration with criminals, extortion of
goods and money, excessive alcohol consumption, and abandonment of
post. During a May visit, AI was told by police officials that since
2005 a total of 356 police officers had been disciplined for breaching
disciplinary regulations. Of these 108 were expelled from the police
force, and 37 were convicted of criminal offenses. In AI's view,
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 openly with warrants issued by a
judge or prosecutor (except persons caught in the act of committing a
crime), police continued to arrest and detain citizens arbitrarily. By
law the maximum length of investigative detention without a warrant is
48 hours, during which time a detainee has the right to judicial review
of the case. The individual may be detained another 90 days while the
PIC continues its investigation. When a person is accused of a crime
carrying a sentence of more than eight years, the individual may be
detained up to an additional 84 days without being charged formally.
With court approval, such detainees may be held for two more periods of
84 days each without charge while the police complete their
investigation. The law provides that when the prescribed period for
investigation has been completed and no charges have been brought, the
detainee must be released. In many cases the authorities either were
unaware of these regulations or ignored them, often also ignoring a
detainee's constitutional right to counsel and to contact relatives or
friends. The law provides that citizens have access to the courts as
well as the right to representation, regardless of ability to pay for
such services. However, due to a shortage of legal professionals,
indigent defendants frequently had no legal representation.
The bail system remained poorly defined. Prisoners, their families,
and NGOs continued to complain that police and prison officials
demanded bribes for releasing prisoners.
On October 26, musician Felix da Silva Manguane was detained for
singing a song about corrupt traffic police who extort motorists.
Manguane was held for several days and, according to his family, was
threatened by police during his detention.
Although the government made some progress in alleviating judicial
backlog, 34 percent of inmates were in pretrial detention.
There continued to be reports that detainees, subjected to often
lengthy incarceration prior to the determination of their guilt or
innocence, spent more time in pretrial detention than the length of the
sentence they eventually received.
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 FRELIMO party heavily
influenced an understaffed and inadequately trained judiciary,
particularly in the lower tiers. The judicial system continued to
suffer from a lack of transparency and often did not comply with the
principles of promotion and protection of human rights.
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 sentence, and
traveling tribunals continued to be employed.
A shortage of judges and prosecutors hampered the effective
administration of justice.
There were 271 judges (or approximately one per 80,000
inhabitants), 202 of whom held law degrees as required by law for all
judges appointed after 2000. Most court employees had secondary school
or university educations. Continuing problems included chronic
absenteeism, unequal treatment, low salaries, corruption, deliberate
delays, and omissions in handling cases.
The president appoints both the Supreme Court president and vice
president. The Higher Judicial Magistrates' Council prepares Supreme
Court nominations and submits a list of qualified potential nominees to
the president. The president also makes all other judicial
appointments.
Under the Supreme Court there are province and district-level
courts, and each province has a court of appeal. There also are courts
that exercise limited, specialized jurisdiction, such as the
Administrative Court, the Customs Court, and the Maritime Court. The
Constitutional Council is charged with determining the
constitutionality of laws and decrees, supervising the electoral
process, declaring and validating electoral results, and ruling on
electoral disputes. A separate court system exists for minors 16 years
of age and younger. The government may send minors to correctional,
educational, or other institutions.
Trial Procedures.--Persons accused of crimes against the government
are tried publicly in regular civilian courts under standard criminal
judicial procedures. Members of the media may attend trials, although
space limitations excluded the general public. A judge may order a
trial closed to the media in the interest of national security or to
protect the privacy of the plaintiff in a sexual assault case. Article
12 of the judicial organization law ``prohibits the production and
public transmission of images and sounds at trials.'' There is no trial
by jury.
In regular courts 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.--Although there were no reports
of political prisoners or detainees, there were many reports of
questionable detentions and harassment of opposition political party
members during the elections season.
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. 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.
On April 5, O Pais reported that in Tete Province, the governor
threatened a journalist for writing an article critical of the
provincial leader's governance.
In May during a high-profile murder case involving a police
officer, plainclothes policemen issued death threats against
journalists and attempted to prevent cameramen from taking photographs
during the trial. The law governing trials states that the accused may
not be photographed while giving evidence inside the courtroom, but
there is no legal barrier to photographing accused persons on the
public pavement as they enter or leave court.
In August the PIC in the northern province of Cabo Delgado demanded
that a journalist reveal the identity of his sources for an article
written in April that had agitated local military officers. The 1991
press law explicitly defends the right of journalists not to reveal
their sources. According to the Media Institute of Southern Africa's
annual report, although the independent media continued to rapidly
expand and diversify, in general the media faced increasing harassment
from the courts, prosecutors, and district administrators, particularly
outside Maputo Province. In addition court rulings on libel cases
involving several independent media outlets during the year constrained
press freedom.
In September Alfane Momade Antonio, from Nacala Community Radio,
was attacked on Mozambican National Resistance (RENAMO) premises while
en route to an interview with the head of the RENAMO campaign in
Nacala. The attack was reportedly carried out by party members due to
Antonio's criticism of RENAMO. There were no further developments by
year's end.
By some estimates newspapers reached only an estimated one million
of the country's 21.5 million citizens. The government maintained
majority ownership of Noticias, the main newspaper and one of three
daily 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, occasionally reported news items
critical of government policies.
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 for
Televisao de Mocambique (TVM), the television station with the largest
viewership. TVM's news coverage demonstrated a bias favoring the
incumbent government and ruling party FRELIMO.
Defamation of the president is prohibited. In August three Zambeze
newspaper journalists were tried on charges of defamation and
threatening state security over an article questioning the prime
minister's nationality. They were convicted and sentenced to six
months' imprisonment and fined 30 meticais ($1).
Internet Freedom.--Internet access was modest, and online
communications did not play a significant role in the country. Although
there were no government restrictions on access to the Internet,
opposition party members reported that government intelligence agents
monitored e-mail. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail and through
political blogs. 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 phone use,
including text messaging, was widely available and frequently used.
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
September police stopped a demonstration called by war veterans
demanding better living conditions. According to a report by AI, 19
persons were arrested and held for a few days before being released. At
year's end their trial was pending.
Unlike in the previous year, security force use of excessive force
did not result in demonstrator deaths (see section 1.a.).
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.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
The constitution and the law governing political parties
specifically forbid political parties from directly affiliating with a
religion or church and from sponsoring religious propaganda as threats
to national unity.
Societal Abuses and Discrimination.--Relations among various
religious groups were generally amicable.
There was a very small Jewish population, and there were no reports
of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--While the law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, the government sometimes infringed upon these rights in
practice.
Traffic checkpoints are legal and under the jurisdiction of traffic
police. Checkpoints occasionally affected freedom of movement, and
according to press reports, authorities sometimes abused and demanded
bribes from citizens at checkpoints. Police sometimes stopped
foreigners and ordered them to present original passports or resident
papers, refused to accept notarized copies, and fined or detained those
who failed to show proper documents. Police, including members of the
CPCs, 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 country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the 1969 African Union Convention Governing the Specific Aspects of
the Refugee Problem in Africa. Its 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 cooperated with the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting some 7,600 recognized refugees and asylum seekers.
The government continued to work closely with the UNHCR to
implement a local integration program for longer-term refugees,
primarily from the Great Lakes region, at the Marratane Camp located 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 continued to limit refugee movement within the
country. Refugees must request authorization to move outside the
geographic region in which they have been registered. In addition
refugees residing within the Marratane camp in Nampula Province must
request authorization to leave its boundaries.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic elections held on the basis of universal suffrage.
Elections and Political Participation.--On November 11, the
National Elections Commission (CNE) announced that Armando Guebuza of
the ruling FRELIMO party had been elected president in the October 28
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.
In a statement released October 30, the Electoral Institute for
Southern Africa questioned the transparency, integrity, impartiality,
and independence of the CNE. It noted that improvements were required
to ``level the playing field, afford equal opportunity to all, and
improve the transparency of the electoral process.''
The opposition parties RENAMO and Democratic Movement of Mozambique
(MDM) complained of election fraud and noted that 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 that 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.
In August the Constitutional Council (CC) disqualified six of nine
presidential candidates for application signature irregularities. The
decision was not subject to appeal. 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 September 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 questionable decisions,
provoked protests from the diplomatic community, objections by civil
society, and extensive commentary in the media.
In response to decisions by the CC and the CNE, the Center for
Public Integrity called for an independent audit of electoral processes
and highlighted several significant flaws in the electoral process. No
such action was taken.
In the run-up to the elections, the coverage of the campaign by
Radio Mocambique, Noticias, and Domingo was regarded by many political
observers as balanced and neutral. However, the volume of coverage
heavily favored incumbent President Guebuza over his opponents.
Following the elections, the media reported observers' praise for
polling day but failed to note their harsh criticism of the CNE or the
view that the playing field was not level.
The political process was dominated by FRELIMO and by the executive
branch of government, and such influence continued to grow. In the
October elections, FRELIMO secured approximately 75 percent of the
presidential vote and more than 75 percent of the seats in parliament.
In 1999 FRELIMO won 133 of 250 seats in the parliament. In 2004 it
raised its plurality to 160 seats. In 2003 it controlled 28 of 33
municipalities. By 2008 FRELIMO mayors had been elected in 42 of 43
municipalities, and it had become the largest party in all municipal
assemblies, controlling 79.8 percent of all seats.
Opposition political parties were permitted to operate but were
subject to some restriction and interference by the ruling party,
including unlawful arrest, unlawful disqualification of candidates, and
other interference by the ruling party and the government.
Women, including the 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. A total of
10 of 51 ministers and deputy ministers were women.
Section 4. Official Corruption and Government Transparency
While the law provides criminal penalties for official corruption,
the government did not implement the law effectively, and officials
engaged in corrupt practices with impunity. There are no laws against
conflict of interest for government officials. No corruption cases
involving high-profile individuals were concluded during the Guebuza
administration; however, during the year several senior current and
former government officials, including the former ministers of interior
and transportation, were arrested on charges of corruption. Their cases
remained pending, more than a year after their arrests.
Despite the government's strong anticorruption rhetoric, corruption
in the executive and legislative branches was widely perceived to be
endemic. The World Bank's Worldwide Governance Indicators reflected
that corruption was a serious problem. Petty corruption by low-level
government officials to supplement low incomes and high-level
corruption by a small group of politically and economically connected
elites continued to be the norm. In some cases high-level bribery was
related to narcotics trafficking.
Corruption largely resulted from a lack of checks and balances,
minimal accountability, and a culture of impunity. Local NGOs, such as
the Center for Public Integrity, and media groups continued to be the
main civic forces fighting corruption, reporting and investigating
numerous corruption cases. The law requires that all members of the
government declare and report their assets with the Constitutional
Council, but it does not require that such information be made
available to the general public. Aside from the minister of finance, no
senior governmental official declared and reported his assets as
required by law.
In January three senior executives of the national data processing
center, including the director, were charged with theft of more than
seven million meticais ($240,000). By year's end no judgment had been
announced.
In September the Maputo Judicial Court charged several defendants,
including the chairperson of the publicly owned Mozambican Airports
Company (MAC), its former financial director, and a former transport
and communications minister with diversion of state funds, demanding
payment of 42 million meticais ($1.4 million). Two of the defendants
had been in detention since October 2008. A trial continued at year's
end and attracted prominent coverage by local media. The trial revealed
that significant MAC funds were diverted to build a FRELIMO training
center and to underwrite its 45th anniversary celebration, as well as
to purchase real estate for MAC principals.
On September 27, in a case brought by Britain's Serious Fraud
Office (SFO), the construction firm of Mabey and Johnson (M&J) was
found guilty of systematically bribing government officials around the
world, including in Mozambique. Carlos Fragoso, then national director
of roads and bridges in the Ministry of Public Works, received payments
of approximately $460,000 into a Swiss account. Americo Fortuna of the
Ministry of Foreign Affairs was paid approximately $42,000. M&J records
noted that he was ``involved to some extent in the selection of
eligible recipients.'' An engineer identified as ``Mr. Notece'' in the
National Roads and Bridges Directorate was found by the SFO to have
been paid 25,000 pounds sterling. There was no further information
available at year's end.
The provinces also suffered from increased corruption. In March
over one million meticais ($34,000) were missing from the Tete office
of the National Institute of Social Security Tete office. In July
Manica Governor Mauricio Vieira reported that a similar amount had
disappeared from the Provincial Directorate of Education and Culture.
In August four high-ranking officials from Tete's Provincial
Directorate of Planning and Finance were accused of embezzling more
than 144 million meticais ($4.9 million). On September 30, five
employees of the Manica Provincial Department of Finance were detained
for allegedly having obtained state funds intended to pay salaries.
There were no further developments at year's end.
In March the investigating magistrate, Octavio Chumba, threw out 48
of the 49 charges against former interior minister Almerino Manhenje,
reducing the damages sought from 322 million meticais ($12.3 million)
to 500,000 meticais ($19,000). Manhenje had been charged in September
2008 with embezzlement of 211 million meticais ($8.3 million) of state
money. Former president Chissano had publicly urged leniency, noting
that others had committed worse offenses and remained at liberty.
There were no further developments in the 2007 and 2008
investigations into alleged corruption by Deputy Director of the Maputo
Central Prison Arminda Parruque and six health services administrators
in Cabo Delgado Province.
The Central Office for the Combat of Corruption (GCCC) functions as
an autonomous unit under the Attorney General's Office with its own
state budget. In a report released on December 9 to mark International
Anti-Corruption Day, Director Ana Maria Gemo stated the GCCC's central
office and its 11 provincial branches investigated 403 corruption cases
during the year. A total of 19 were brought to trial. She reported that
the GCCC had reviewed 534 cases of theft of state funds and property,
27 of which had been brought to trial.
There were no laws providing for public access to government
information, and in practice the government restricted citizens' and
noncitizens' access to government information.
Section 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 were often cooperative and responsive to
their views. 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.
UN agencies, the International Committee of the Red Cross, and
international NGOs were resident in the country and had access to
investigate human rights abuses. In August the Ministry of Justice
agreed to work with the UN to draft and issue in 2011 its own human
rights report.
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 parliament passed a domestic violence law, which 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. A survey indicated that 54
percent of female respondents admitted suffering an act of physical or
sexual violence perpetrated by a man at some point in their lives, 37
percent in the last five years, and 21 percent during the past year.
The government and NGOs often worked together to combat domestic
violence. The PRM operated special women and children's units in police
squadrons that received cases of domestic violence, sexual assault, and
violence against children; the units provided assistance to victims and
their families. All 30 police squadrons in Maputo had women's and
children's centers. In addition all police squadrons in the country
installed a ``green line'' (a free telephone line) to receive
complaints of violence against women and children; however, the lines
were not fully operational by year's end.
Prostitution is not illegal, although it is governed by several
laws against indecency and immoral behavior and restricted to certain
areas. The practice was particularly prevalent along major
transportation corridors and in border towns where long-distance
truckers stop overnight. Young women without means of support were at
the greatest risk for being drawn into prostitution.
Economic and political disturbances in Zimbabwe led to increased
frequency of prostitution and sexual exploitation of Zimbabwean women
who crossed the border into the country in search of better living
conditions.
Sexual harassment is illegal; however, it was pervasive in
business, government, and education. Although no formal data existed,
the media reported numerous instances of harassment during the year.
The law is based on the Portuguese penal code from the 1920s; sexual
harassment charges are usually regarded as acts of ``indecency'' with a
maximum penalty of two years' imprisonment.
The government 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 the Ministry of
Women and Social Action. There were no restrictions on the right to
access contraceptives, but the continued high rate of HIV/AIDS
suggested that they were not sufficiently used. 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 more serious health complications. 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 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 parental consent. The law also eliminates husbands'
de facto status as heads of family, and legalizes civil, religious, and
common-law unions. While the law does not recognize new cases of
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 four 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 Mozambican 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 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 poverty level are exempt
from fees, but for most families, fees and associated costs remained a
significant financial burden. Despite joint government/NGO initiatives
in certain localities and districts to improve girls' school
attendance, completion rates for primary school students were
approximately 41 percent for boys and 29 percent for girls.
The 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. The law prohibits
pornography, child prostitution, and sexual abuse of children under 16
and prescribes prison sentences and fines for perpetrators; however,
exploitation of children below the age of 15 continued, child
prostitution remained a problem, and no instances of prosecution were
reported. Child prostitution appeared to be most prevalent in Maputo,
in Nampula, in 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.
Children begging who appeared to be living on the streets were
visible in major urban areas, but no nationwide figures were available.
Zimbabwean children, many of whom entered the country alone,
continued to face labor exploitation and discrimination. They lacked
protection due to inadequate documentation and had limited access to
schools and other social welfare institutions. Coercion, both physical
and economic, of Zimbabwean girls into the sex industry was common,
particularly in the province of Manica.
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 to children of broken homes in local schools. 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.
In May the Minister for Women's Affairs and Social Action, Virg!lia
Matabele, decried the lack of regulations for the law's implementation.
The Southern African Network Against the Trafficking and Abuse of
Children Executive Secretary Margarida Guitunga observed that such
abuse was taking root in the country and expressed the fear that the
massive influx of tourists expected for the World Cup in South Africa
in 2010 would provide fresh opportunities for the sexual exploitation
of women and children.
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.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, from, through, and within the country. Most trafficking victims
were transported to South Africa on the highway from Maputo to
Johannesburg. Some reports of trafficking to Swaziland also were
reported. The majority of victims were women and children trafficked
for the purpose of sexual exploitation and forced labor. To a lesser
extent, boys were trafficked for labor on South African farms and in
mines, and girls were trafficked for use in prostitution and domestic
servitude. International NGOs noted concerns about a possible increase
in trafficking of women and children for sexual exploitation in South
Africa during the 2010 soccer World Cup competition.
Traffickers were principally citizens or South Africans.
Trafficking groups included small networks of citizens based in Maputo
and Nampula, and there were reports that Chinese, Pakistani, and
Nigerian organized crime groups were involved. Traffickers often lured
victims by promising better jobs or education in South Africa. Once
there, they were threatened with exposure of their illegal status and
forced to work for little or no pay. Often women were sexually
assaulted en route to their destinations or once they arrived in South
Africa and Swaziland. There were also reports that international
syndicates trafficked victims from Asia, South Asia, and East Africa
through the country en route to South Africa. Small numbers of children
and adults reportedly were trafficked to Zambia for agricultural labor,
and Zimbabwean women and girls were trafficked to Mozambique for sexual
exploitation and domestic servitude.
The law provides for penalties of 16 to 20 years' imprisonment for
those recruiting or facilitating exploitation of a person for purposes
of prostitution, forced labor, slavery, or involuntary debt servitude;
however, there were no convictions or arrests under the trafficking law
during the year. The government's law enforcement efforts increased,
although at year's end regulations that describe implementation of the
new trafficking law had not been published by the Ministry of Women and
Social Action. Law enforcement authorities were hesitant to charge
persons under the trafficking law due to a lack of published
regulations. Following passage of the antitrafficking law, the PRM
created a special unit to deal specifically with apprehensions,
investigations, and reintegration. This unit developed special
facilities to support victims of trafficking, including one in the
capital city.
The Mozambican woman implicated in the ``Diana Case'' was on trial
at year's end in South Africa. She was alleged to have trafficked
Mozambican girls to Pretoria for forced prostitution.
Due to a lack of resources, government officials regularly called
on NGOs for the provision of protection and assistance to victims,
including shelter, food, counseling, and rehabilitation. The police
conducted general training on trafficking and detecting at-risk
children.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--Although the constitution and law
stipulate that citizens with disabilities shall fully enjoy the same
rights as all other citizens, the government provided few resources to
implement this provision, and persons with disabilities could
frequently 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 to persons with disabilities. Electoral law
provides for the needs of voters with disabilities in the polling
booths.
Concerns of persons with disabilities included lack of access to
socioeconomic opportunities and employment, limited access to buildings
and transportation, and a lack of wheelchairs. Special access
facilities were rare. There were few job opportunities for persons with
disabilities in the formal sector.
The country's only psychiatric hospital was overwhelmed with
patients and lacked the means to guarantee 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 newly arrived Chinese guest workers, often employed in
construction, and citizens in the cities of Maputo and Beira.
There were reports of discrimination by police against Zimbabwean
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.
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. Some unions alleged that
the Mozambican Workers Association was under the influence of FRELIMO.
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 October 1, Noticias reported that approximately 400 employees of
the Grindrod Coal Terminal near the port of Maputo, on strike since
September 24, had returned to work pending final resolution of their
disputes after mediation by the provincial Labor Directorate.
At the end of April, laborers at the new national stadium in the
outer Maputo district of Zimpeto went on strike for the second time in
three months. They asserted that they were receiving 63.85 meticais per
day ($2.18), less than the statutory minimum wage, and that the Chinese
contractor employing them had agreed to pay 93.85 meticais ($3.20).
Police fired live rounds to disperse the workers, resulting in the
death of one demonstrator and the injuring of two others. Eyewitnesses
stated that the police aimed to kill, not to injure.
b. The Right to Organize and Bargain Collectively.--Although the
law provides for the right of workers to organize and engage in
collective bargaining, such contracts covered less than 2 percent of
the work force. The government did not set private sector salaries.
Unions were responsible for negotiating wage increases.
The law prohibits antiunion discrimination; however, there were
reports that many companies continued to engage in antiunion
discrimination by replacing persons at the end of contracts, dismissing
workers for going on strike, and not abiding by collective bargaining
agreements.
There are no special laws or exemption from regular labor laws in
the export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. Nonetheless, forced
prostitution and domestic servitude occurred. There were also numerous
reports of children forced to work as domestic workers and in the
agricultural sector.
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. Many
children in rural areas were forced to work, particularly in commercial
agriculture, as domestics, as well as to engage 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 each piece
of work completed rather than an hourly minimum wage.
The Ministry of Labor regulates child labor in both the informal
and formal sectors. Labor inspectors may obtain court orders and use
police to enforce compliance with child labor provisions. Violations of
child labor provisions are punishable with fines ranging from one to 40
months of salary at minimum wage. Enforcement mechanisms generally were
adequate in the formal sector but remained poor in the informal sector.
The labor inspectorate and police forces lacked adequate staff, funds,
and training to investigate child labor cases, especially in areas
outside the capital where a majority of the abuses occurred. Although
the government provided training for police on child prostitution and
abuse, there was no specialized child labor training for the labor
inspectorate. The government disseminated information and provided
education about the dangers of child labor to the general public.
e. Acceptable Conditions of Work.--Trade unions estimated that a
minimum livable monthly wage to provide for a family of five was
approximately 5,000 meticais ($170). There are 11 different minimum
wages averaging approximately 2,300 meticais ($78.55) 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 a decent
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 finding a second
job, maintaining their own gardens, or depending on the income of other
family members.
The Ministry of Labor is responsible for enforcing the minimum wage
rates in the private sector and the Ministry of Finance in the public
sector. Violations of minimum wage rates usually were investigated only
after workers registered a complaint. Workers generally received
benefits, such as transportation and food, in addition to wages. The
standard legal workweek is 40 hours but can be extended to 48 hours.
After 48 hours overtime must be paid at 50 percent over the base hourly
salary. Overtime is limited by law to two hours per day and 100 hours
per year. The law provides for one hour of rest per day. Foreign
workers are protected under the law.
In July Manica Governor Mauricio Vieira cited China Henan
International Cooperation Group for several labor and safety
violations. Some of the badges of Mozambican workers wore were reported
to bear the word ``escravo'' (slave).
On September 3, O Pais newspaper reported that postal workers in
the province of Inhambane had not been paid for seven months. Minister
of Labor Helena Taipo met with union representatives to address their
concerns, but by year's end no results or changes had been announced.
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 July the Ministry
of Labor announced that 280 unlawful foreign workers had been relieved
of their positions.
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. In April the Ministry of Labor reported
that in the previous 12 months, it inspected workplaces affecting
353,579 employees and noted 1,550 labor accidents resulting in injury
or fatality.
__________
NAMIBIA
Namibia is a multiparty democracy with a population of
approximately two million. The presidential and parliamentary elections
held November 27 and 28 resulted in the re-election of President
Hifikepunye Pohamba and the retention by the ruling South West Africa
People's Organization (SWAPO) of its parliamentary majority. Both the
president and SWAPO won more than 75 percent of the vote. Despite some
irregularities, international observers characterized the election as
generally free and fair. Several opposition parties have challenged the
outcome in court, and the case was pending at year's end. Civilian
authorities generally maintained effective control of the security
forces.
Human rights problems included police use of excessive force; poor
conditions in prisons and detention centers; arbitrary arrest,
prolonged pretrial detention and long delays in trials; limitations on
press freedom; 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; 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.
The investigation into the February 2008 case in which a police
officer shot and killed a demonstrator who stabbed a police constable
was ongoing at year's end.
There were no developments in the 2007 suffocation death of William
Cloete, who died in a shipping container that police in the town of
Rosh Pinah used as a detention center.
The trial of nine police officers accused of killing a suspect
during interrogation in 2006 was ongoing at year's end.
On March 6, 14 police officers accused of the 2005 beating of five
men, one of whom died from his injuries, were acquitted of all charges;
two other police officers charged in the case were acquitted in 2008.
Following the discovery of six mass graves along the country's
border with Angola in August 2008, the National Society for Human
Rights (NSHR) submitted a dossier to the UN Working Group on Enforced
or Involuntary Disappearances, alleging that the graves could be linked
to ``enforced disappearances'' in Caprivi and Kavango regions between
1994 and 2003. The UN subsequently requested that the government
confirm the allegations and explain any steps taken to address the
discovery. By year's end the government had not provided an
explanation. In 2008 the government investigated one of the six grave
sites, which contained the remains of five political activists who were
killed without trial by South African security forces in 1972.
Government officials claimed the site was well known and did not
represent a new finding. None of the other mass graves had been
investigated by year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police sometimes used excessive force when apprehending, interrogating,
and detaining criminal suspects.
Windhoek City police mistreated suspects in a secret cell before
handing them over to the main police station, according to media
reports. Police denied the accusations, and no investigation had been
conducted by year's end.
In September, in Kalkrand, authorities filed criminal charges
against four police officers for allegedly assaulting two residents,
Gerhard Lodewyk and Johannes Kooper, who were accused of stealing a gas
cylinder from a police officer's home. The trial had not started by
year's end.
In May police use of force to disperse demonstrators resulted in
injuries (see section 2.b.).
Prison and Detention Center Conditions.--Prisons and detention
centers were overcrowded, were poorly maintained, and lacked basic
sanitation and adequate food. Guards sometimes abused prisoners. In
April 2008 the newspaper The Namibian reported that Windhoek Central
Prison held 1,172 prisoners--almost 30 percent more than its official
capacity of 912 prisoners. The government-owned newspaper New Era
reported during the year that one police holding facility designed to
accommodate 105 persons held 224.
Conditions of police holding cells showed little change since a
2008 ombudsman's report cited the cells for poor sanitary conditions,
overcrowding, insufficient food, unsafe infrastructure, and lack of
access to medical care and potable water. In April The Namibian
reported that police holding cells at the Windhoek, Wanaheda, and
Katutura stations, which together have a capacity of 705 persons, held
approximately 1,079 pretrial detainees. The Wanaheda police station,
with a capacity of about 180 persons, held 325 suspects, while the
Windhoek police station, built to hold 100 suspects, housed at least
253.
Minister of Safety and Security Nickey Iyambo, who visited a number
of police holding facilities in June, criticized their poor conditions.
In July inmates at the Katutura police station set fire to trash
bins and threw sewage at police officers to draw attention to their
conditions.
Victims of prison abuse were able to pursue legal remedies,
although lengthy delays were common. For example, in April the
prosecutor general began to prosecute five Keetmanshoop police officers
and their station commander for negligence in connection with the 2007
death of Noel Thompson, who died after being attacked by another
inmate. The court case was ongoing at year's end.
Some detainees were held with convicted prisoners, and juveniles
continued to be held with adults in many rural areas. In August a 15-
year-old boy who was arrested for theft allegedly was imprisoned with
adult males who sexually assaulted him. The Rainbow Project, a group
that lobbies for the rights of lesbians, gays, bisexuals, and
transgender persons, provided legal counsel to the victim. An
investigation was pending at year's end.
The government continued to grant both local and international NGOs
regular access to prisons and prisoners. In January, May, and December,
the International Committee of the Red Cross (ICRC) 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. Media
representatives were allowed to accompany the minister of safety and
security on his prison tours.
Suspects in the Caprivi treason trial continued to complain of poor
medical services and intimidation of their visitors by prison
officials.
Pilot programs, such as placing youths in shelters and foster
homes, provided alternatives to incarceration for juvenile offenders.
During the year the government expanded its community service pilot
project from four to all 13 of the country's regions; the program
provides an alternative to incarceration for adults and juveniles
convicted of petty crimes. The NGO CHANGE, led by a former deputy
minister for prisons, also 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.--The Namibian Police
Force (NAMPOL), which has approximately 12,000 members, is under the
Ministry of Safety and Security. The Namibian Defense Force (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. NAMPOL
lacked the resources, training, and personnel to effectively deter or
investigate street crime.
Police corruption and impunity were problems.
In April police arrested traffic officer Jacobus Coetzee on bribery
charges; in exchange for bribes Coetzee allegedly destroyed traffic
tickets he had issued, primarily to taxi drivers.
On May 12, police constable Lawrence Foreman arrested Hendrik
Mathews for possessing cannabis; Mathews allegedly had 10,350 Namibian
dollars ($1,377) in his possession at the time of arrest. When only
4,100 Namibian dollars ($546) were returned when he was released on
bail, Mathews filed theft charges against Foreman for the missing 6,250
Namibian dollars ($832). Mathews also claimed that he had more than 100
grams of cannabis when arrested, but that he was charged for possessing
only 100 grams.
In June the Anticorruption Commission (ACC) arrested police
constables Chris Garoeb and Paul Jarson for allegedly impersonating
immigration officials and defrauding a foreign tourist of 1,800
Namibian dollars ($240). An investigation was ongoing at year's end.
In August the weekly Informante reported that more than 20 million
Namibian dollars ($2.7 million) in cash, drugs, counterfeit traveler's
checks, and other valuables confiscated from suspects and kept as
evidence had vanished from police safes since the beginning of the
year. Other media outlets made similar allegations during the year.
In April Andrew Iyambo, the deputy commissioner of police for
Erongo Region who was suspended in 2007 for misappropriating funds, was
acquitted of all charges and reinstated in his position.
There were continued reports that police officers threatened to
arrest prostitutes who did not agree to give them free sex.
Although some security force members accused of abuse and
corruption were arrested and tried in military courts or the civilian
criminal justice system, the government took no action against others.
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.
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 NSHR recorded 12 cases of arbitrary arrest during the year.
In January--five years after the last arrest in connection with the
Caprivi high treason trials following the attacks on government
institutions in 1999--police arrested Albius Moto Liseli on treason
charges. Liseli's name had been mentioned during a trial that concluded
in 2007 as an alleged participant in the secessionist movement. The
NSHR issued a press statement claiming the police threatened Liseli's
mother and forced her to sign a document implicating her son in the
secession plot. The prosecutor general had not decided whether to
prosecute Liseli by year's end.
On February 4, Windhoek City police assaulted, arrested, and
detained without charge Timoteus Amunyela, a youth who was walking
around the city looking for employment, according to the NSHR. Amunyela
was released the following day.
On September 14, the NSHR reported that an intoxicated police
officer arbitrarily arrested and assaulted Lukas Nekongo, who
subsequently filed criminal charges against the police officer. No
action had been taken on the case by year's end.
Unlike in the previous year, there were no reports of police
arresting and detaining homeless children. After the 2008 arrests of
such children, the Minister of Gender Equality and Child Welfare
condemned the police action and demanded an end to the practice. Most
homeless children who were arrested were placed into childcare
shelters.
Unlike in the previous year, there were no reports that security
forces arrested opposition members.
A trial must take place within ``a reasonable time,'' or the
accused must be released; however, lengthy pretrial detention was a
problem. Approximately 8 percent of the general prison population was
awaiting trial. The lack of qualified magistrates and other court
officials, the high cost of legal aid, slow or incomplete police
investigations, and the continued postponement of cases resulted in a
serious backlog of criminal cases and delays of years between arrest
and trial.
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.
The formal court system has three levels: 30 magistrate courts; two
high courts; and the Supreme Court, which served as a court of appeals
and constitutional review court. 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 role, duties,
and powers of traditional leaders and provides that customary law is
invalid if it is inconsistent with the constitution.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, but this right was limited by long delays in hearing
cases in the regular courts and the uneven application of
constitutional protections in the customary system. The remaining 117
Caprivi treason detainees imprisoned in Windhoek, for example, have
been detained since 1999 and awaiting the completion of their trials
since 2004. The law provides for public trials but not juries.
Defendants have the right to be present at trial, to consult with an
attorney in a timely manner, and along with their attorneys to have
access to government-held evidence. Indigent defendants are entitled to
a lawyer provided by the state; however, this often did not occur due
to 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.
Three of the 127 civil suits stemming from alleged mistreatment of
Caprivi treason detainees while in custody were heard during the year;
the court ruled in favor of the Ministry of Home Affairs in one case,
and two cases remained pending at year's end.
Procedural problems continued to delay the Caprivi high treason
trials. In July a major state witness was involved in a serious road
accident, further delaying the trial. During the year a judge ruled
that 10 Caprivi detainees sentenced in 2007 could appeal their
sentences; however, no hearings on appeals had begun by year's end.
The trial of two ethnic Mafwe witnesses who appeared in court in
2006 on charges of perjury and obstruction of justice for denying
statements they had made to investigators in the Caprivi treason trial
was ongoing at year's end. The two, who remained incarcerated, claimed
their statements were obtained under duress inflicted by security
forces.
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 were mostly well
enforced.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice; however,
in November the government enacted the Communications Act, popularly
known as the ``Spy Bill,'' after intense public debate. 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. In an
unusual move, the National Council, the upper house of parliament,
sought testimony from the public, including journalists and civil
society representatives, many of whom argued that interception should
only be authorized by the judge president of the High Court or a judge
assigned by the judge president. Despite such objections, the National
Council passed the bill without any amendments. Opponents called the
law an invasion of privacy and a violation of the right to freedom of
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; however, the government partially
limited press freedom. Some independent and government journalists
practiced self-censorship.
The 2009 Communications Act establishes the Communications
Regulatory Authority of Namibia (CRAN) to regulate communications,
including the media. The legislation does not specify how the media
will be regulated. The CRAN's other duties include setting up a
licensing framework for both telecommunications and broadcasting,
determining interconnection tariffs, allocating radio and
telecommunication frequencies, promoting competition in the
telecommunications industry, and establishing telecommunications data
(such as Internet and telephone) interception centers.
There were four daily national newspapers, three of which were
independent, and four independent weekly newspapers. The New Era
newspaper and the Namibian Press Agency were both parastatals, whose
boards the minister of information and broadcasting appointed. The
government shared equal ownership of the regional weekly newspaper
Southern Times with the government of Zimbabwe. The ruling SWAPO party
owned one publication, Namibia Today.
On February 2, the SWAPO Party Elders' Council called on The
Namibian to stop publishing cell phone text messages that criticized
President Pohamba and former president Nujoma, charging that the
messages fueled chaos and anarchy. The Namibian did not heed the
request, and the Elders' Council took no action to convince the
government to impose the proposed ban.
In a September 7 article, The Namibian charged the Electoral
Commission of Namibia (ECN) had not provided it election information
distributed to other newspapers. ECN Director Moses Ndjarakana
countered that the ECN had no authority to include The Namibian in its
distribution of election materials due to a cabinet resolution
prohibiting the government and its agencies from advertising or buying
copies of The Namibian. The ECN subsequently provided the election
materials but required The Namibian to pay for them.
In an October address to a SWAPO rally, SWAPO Party Secretary
General and Justice Minister Iivula-Ithana called The Namibian's editor
Gwen Lister a ``big snake in the country'' and accused the newspaper of
publishing false news to tarnish the country's image and of ``desiring
to bring war.'' Iivula-Ithana also said that Lister should ``not forget
that she is white,'' and could be held responsible for the ``evil
deeds'' of her parents and grandparents.
During the July arrival of Cuban President Raul Castro, independent
media were positioned separately from state media, giving them an
inferior angle for coverage. When a cameraman from One Africa
Television moved to the state media position without permission, he was
handled roughly and, according to some accounts, expelled from the
event.
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.
On February 3, SWAPO Secretary for Information and Mobilization
Jerry Ekandjo called for the dismissal of NBC Director General Bob
Kandetu after a flag of the opposition Rally for Democracy and Progress
(RDP) party flashed on the screen following President Pohamba's New
Year's speech. The newspaper New Era reported that the NBC board cited
incompetence and lack of performance as the reasons for the dismissal.
In March NBC modified the format of its popular radio call-in
program, National Chat Show, to limit the topics for discussion; NBC
Director General Matthew Gowaseb, who replaced Kandetu, attributed the
move to inappropriate language and comments. The new format limited the
topics to socio-economic issues, precluding political discussions. In
November Gowaseb required the host of the 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. Gowaseb also threatened to cancel the
evening talk show Openline; however, Openline and the talk show Ewi la
manguluka (roughly translated as ``free to speak'') continued to
operate and to feature political discussion.
During the year the government arrested foreign journalists. In
July authorities arrested British investigative journalist Jim Wickens
and South African filmmaker Bart Smithers for filming undercover the
annual seal cull at Cape Cross. The two journalists, who had tourist
rather than work visas, also were charged with trespassing in a marine
protected area, failure to apply for permission to film at the Namibia
Film Commission, and failure to apply for accreditation from the
Ministry of Information. Seal hunters assaulted the journalists and
confiscated their filming equipment. Wickens and Smithers claimed the
attack took place in front of an official of the Ministry of Fisheries
and Marine Resources. The journalists pled guilty to the charge of
trespassing and were each fined 10,000 Namibian dollars ($1,331), of
which 5,000 Namibian dollars ($665) was suspended for five years
provided the two did not repeat the crime.
The trial of South African television journalist Bonita Nuttall,
who was arrested and subsequently released in November 2008 for working
on a tourist visa, was ongoing at year's end. In December 2008 the
international NGO Reporters Without Borders called Nuttall's detention
``an abuse of authority out of proportion to the offense.''
The Media Institute of Southern Africa issued six media freedom
alerts for the country in its 2008 and 2009 annual reports, including
three in which the government was cited for banning journalists from
covering events; two for September passage of the Communications Bill;
and one for the November 2008 arrest of journalist Bonita Nuttall.
In August the Editors' Forum of Namibia created the country's first
media ombudsman and appointed to the position Clement Daniels, a well-
respected human rights lawyer. Along with the media-operated Media
Complaints Committee and a Media Appeals Board, the media ombudsman
receives and adjudicates grievances and complaints by members of the
public against the media.
Internet Freedom.--There were no government restrictions on access
to the Internet; however, the Communications Bill passed in September
provides that the intelligence services can monitor e-mails and
Internet usage with authorization from any magistrate (see section
1.f.).
According to International Telecommunication Union statistics for
2008, approximately 5 percent of the country's inhabitants used the
Internet.
Academic Freedom and Cultural Events.--Although there were no
reports of government restrictions on academic freedom or cultural
events, all government-owned institutions of higher learning, including
the University of Namibia, Polytechnic of Namibia, and the Windhoek
College of Education, continued to bar the 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 the government generally respected this right; however, SWAPO
supporters attempted to block opposition RDP gatherings on several
occasions.
For example, according to press reports, in February 100 SWAPO
supporters surrounded a shack in the Havana settlement of Windhoek for
five hours after learning that an RDP branch meeting reportedly was
taking place inside. Police fired warning shots to disperse the crowd;
no arrests were made.
In May police used tear gas to disperse approximately 500 young
members of the ``Children of the Liberation Struggle'' who had taken
control of a bridge and were demanding to see the president to ask for
jobs and educational opportunities. The approximately 10,000 registered
members of the ``Struggle Children,'' who ranged in age from 19 to 40
years old, grew up in refugee camps and claimed to lack the education
and skills required to obtain employment. Six of the demonstrators were
hospitalized as a result of their injuries. On September 2, members of
the group marched to parliament to present petitions. Police reportedly
assaulted and arrested one marcher who was subsequently released.
In two separate incidents in October, groups of more than 200 SWAPO
supporters prevented RDP members from campaigning in the towns of
Outapi and Onesi in the Omusati region. Police escorted the RDP
campaigners out of the traditional SWAPO strongholds.
In November, after an RDP rally in the town of Outapi, a group of
approximately 250 SWAPO supporters lined both sides of the road and
threw stones at a convoy of RDP vehicles as it departed town. RDP party
members retaliated, and police used teargas to control the crowd. Seven
people were arrested, and their cases were ongoing at year's end.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--There was a very small Jewish
community and no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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, 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 is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. Its 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 7,200 refugees and asylum
seekers resided in Osire Settlement, formerly called the Osire Refugee
Camp, while approximately 1,300 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
that they were still prevented from working outside the settlement.
Free education through grade 10 was available to all refugee children,
and the government financially sponsored further secondary education
for students at schools outside the settlement. The government provided
antiretroviral therapy to refugees infected with HIV/AIDS.
On July 8, 41 Congolese refugees voluntarily departed Osire
Settlement, where many had been living for the past decade, and
subsequently sought asylum in Botswana. The group, which included 23
children, claimed that the government issued ``death threats'' against
them after they had complained about living conditions. UNHCR
determined that refugee claims of poor living conditions and government
threats were unfounded, and the group decided to stay at the Mamuno
border crossing between Namibia and Botswana rather than return to the
camp. After the Namibian government stated that the refugees were not
welcome to return to Osire, the government of Botswana agreed to take
charge of the group until a decision could be reached on the group's
request for asylum. At year's end the situation remained unresolved.
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 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 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. Opposition members lodged numerous claims of
harassment against SWAPO supporters.
Elections and Political Participation.--In presidential and
parliamentary elections held in November, SWAPO candidate Hifikepunye
Pohamba was re-elected president with 76 percent of the vote, and SWAPO
candidates won 54 of 72 elected National Assembly seats. International
and domestic observers characterized both elections as free and
reflecting the will of the electorate despite some irregularities.
Observers criticized the inefficient vote tabulation system and the
unequal access to media coverage and campaign financing. In the
National Assembly, eight opposition parties won a total of 18 seats.
Individuals and political parties could declare their candidacy
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 Owambo tribe dominated the political
system. Membership in the dominant SWAPO party was widely perceived to
confer advantages, particularly in securing public sector jobs and
government tenders.
In August the president signed into law the Electoral Amendment
Act, which permits citizens living abroad to vote, empowers the
Electoral Commission of Namibia to accredit election observers, and
provides that ballots be counted and results announced at polling
stations immediately after polls close. The act also provides that new
political parties advertise in the Government Gazette and that the
names of the 500 supporters and founding members required for the
registration of the party also appear in the Gazette.
In August the police inspector general asked all political parties
to stop conducting door-to-door campaigning to avoid political violence
and preserve citizen privacy. Most political parties objected, and
police did not enforce the request.
On February 8, The Namibian newspaper reported that a SWAPO
supporter armed with a pistol allegedly attacked opposition RDP member
Sam Hamunyela, who filed a criminal charge against his attacker. The
case was ongoing at year's end.
The July 2008 case in which a mob of ruling SWAPO party supporters
attacked two RDP supporters remained under investigation at year's end.
Two days prior to the by-election for Tobias Hainyeko constituency
in 2008, unknown assailants threw tear gas at the house of RDP
candidate Erasmus Hendjala. A police investigation into the incident
failed to identify the perpetrators, and the case was dropped during
the year.
Investigations into the incident in 2008 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 six female
ministers, including the deputy prime minister, and five female deputy
ministers among the 45 ministerial and deputy ministerial incumbents.
Historic economic and educational disadvantages limited the
participation of the indigenous San ethnic group in politics; however,
a SWAPO member of the San community represented the community in the
National Assembly. Virtually all of the country's other ethnic
minorities were represented in parliament and in senior positions in
the cabinet. Members of smaller ethnic groups held the offices of
deputy prime minister, speaker of the National Assembly, and
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.
In May the government implemented the Prevention of Organized Crime
Act, which provides for monitoring and prosecuting money laundering and
combating financial crimes, such as tax evasion, false accounting, and
corruption. Also in May the ACC organized the ``Great Walk against
Corruption'' to raise awareness of the problem. Several senior
government officials joined the march.
During the year the ACC conducted several investigations into
corruption, and, unlike in previous years, the ACC was not widely
criticized for pursuing only ``small fish.'' In April the National
Assembly criticized the ACC for publicizing cases under investigation.
In March the ACC launched an investigation into the Bethanie
Village Council for alleged mismanagement of funds, tender
irregularities, and abuse of power.
In June the ACC arrested Hardap Regional Governor Katrina Hansa-
Himarwa on two counts of corruption. She was accused of failing to
account for 2,000 Namibian dollars ($266) from an entertainment budget
and for misappropriating 3,290 Namibian dollars ($438) to pay a
relative to make curtains for her residence. In September Hansa-Himarwa
was acquitted of all charges.
In July the ACC arrested Public Service Commissioner Teckla Lameck,
businessman Kongo Mokaxwa, and Chinese national Yang Fan on charges of
fraud, bribery, and corruption. Assets belonging to the three were
frozen following accusations that they received kickbacks of 42 million
Namibian dollars ($5.6 million) in connection with a government
contract with a Chinese company for scanning equipment for the
Directorate of Customs and Excise. Lameck and Mokaxwa were granted bail
of 50,000 Namibian dollars ($6,650) each, while Yang Fan's bail was set
at 250,000 Namibian dollars ($33,300). The court case was ongoing at
year's end.
Also in July, President Pohamba suspended NDF chief Lieutenant
General Martin Shalli amid unspecified claims of corruption. The claims
related to alleged kickbacks paid by a Chinese company which supplied
the NDF with equipment.
In November the ACC began investigating Immanuel Mulunga, the
country's petroleum commissioner, regarding his role in a shareholding
dispute over an exclusive exploration license for coal methane gas
which involved several prominent individuals. The investigation was
ongoing at year's end.
Investigations into corruption cases from 2007 and 2008 continued;
however, charges were withdrawn in some cases. On February 27, a
magistrate dismissed the 2008 charges against Vincent Hailulu, the
chief executive officer of the National Housing Enterprise, who was
arrested for ``enriching himself and for not following proper hiring
procedures.'' In addition, the magistrate ordered that the bail of
30,000 Namibian dollars ($4,000) that Hailulu had paid be refunded. The
ruling confirmed a February 6 court ruling that Hailulu's arrest had
been unlawful. Nevertheless, ACC Director Paulus Noa maintained that
investigation of corruption in the National Housing Enterprise would
continue, and it was unclear whether Hailulu would be charged again.
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; however, government
officials continued to disapprove publicly of NGO criticism of the
ruling party and government policies.
The NSHR 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 the NSHR reported incidents of police brutality and abuse of
power.
Prominent SWAPO leaders continued to criticize NSHR Director Phil
ya Nangoloh, accusing him of ``falsehoods'' and of being misguided. In
August ya Nangoloh sued the SWAPO newspaper Namibia Today for 250,000
Namibian dollars ($34,070) for calling him ``a noted twister of facts
and pathological liar.'' The case was pending assignment of a court
date at year's end.
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
for convicted rapists. According to police statistics for 2008, 11,611
cases of gender-based violence were reported, 940 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.
Domestic violence is against the law; however, domestic violence,
including beatings and rape, was widespread. Information on enforcement
was unavailable.
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. On July
31, the government launched the ``Zero Tolerance Campaign against
Gender Based Violence, Including Human Trafficking,'' to raise public
awareness and highlight ways the public could help address the problem.
The law does not prohibit prostitution, which was widespread;
however, generating an income from prostitution is illegal.
The law prohibits sexual harassment. Statistics were unavailable,
but the problem was believed to be widespread. No sexual harassment
cases were filed during the year.
There are 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. The government and NGOs made a strong effort
to educate men and women equally in the diagnosis and treatment of
sexually transmitted infections, including HIV.
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 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 (jus soli) or from one's parents (jus
sanguinis). According to a 2006 survey conducted by the government,
approximately 40 percent of children--many of whom were born at home in
rural areas--did not possess birth certificates, which are necessary to
apply for social grants. Although prohibited by law, teachers in
regions of the country bordering Angola, Zambia, Zimbabwe, and Botswana
reportedly often refused to teach children who could not prove their
citizenship. Mothers who delayed registration often faced a difficult
process and long delays, particularly if parents had died and death
certificates or other needed documents had never been obtained.
During the year the Ministry of Home Affairs, in partnership with
the UN Children's Fund, opened offices at hospitals throughout the
country to provide birth certificates for newborns. Officials from the
Ministry of Home Affairs and Immigration also deployed mobile units to
towns and villages countrywide to facilitate issuance of birth
certificates and identity documents. 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 fees for uniforms, books, boarding costs, and school
improvement--placed a heavy burden on poor families and precluded some
children from attending school. In general, more girls than boys were
enrolled in secondary schools. Many San children and children from
destitute families did not attend school.
Child abuse was a serious problem, and authorities vigorously
prosecuted crimes against children, particularly rape and incest.
According to police records and media reports, at least 200 children
were murdered, 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 actively to reduce the
trauma suffered by abused children.
Child prostitution occurred generally without third-party
involvement and primarily as a means of survival among HIV/AIDS orphans
and other vulnerable children. The growing number of HIV/AIDS orphans
increased the vulnerability of children to sexual abuse and
exploitation.
During the year the government continued to take several steps to
provide medical care and other assistance to HIV/AIDS orphans and
vulnerable children. For example, the government eliminated all school-
related fees and provided social grants for such children during the
year.
Trafficking in Persons.--The Prevention of Organized Crime Act,
which was implemented during the year, specifically criminalizes
trafficking in persons, slavery, kidnapping, and forced labor,
including forced prostitution, child labor, and alien smuggling.
However, there were reports that persons were trafficked to, from, and
within the country.
In June an assessment by the Ministry of Gender Equality and Child
Welfare identified eight cases of confirmed trafficking and numerous
reports of suspected trafficking. In one instance, a mother sold her
teenage daughter into prostitution in Walvis Bay; an investigation was
pending at year's end. In another, in Katima Mulilo, police
investigated a Zambian man whom Namibian farmers paid to recruit young
Zambian boys to work on their farms. The recruiter fled to Zambia
before police could arrest him. The police returned the young boys to
Zambia and issued a warning to the farmers.
During the year there were reports that Zambian and Angolan
children were trafficked to Namibia for domestic servitude,
agricultural labor, and livestock herding. There were also reports of
trafficking for sexual exploitation of women from Zimbabwe. The
government's assessment conducted during the year also highlighted
internal trafficking of girls from rural areas to urban centers to work
as babysitters. Girls were commonly denied education, sometimes
sexually exploited, and their income forwarded directly to their
mothers.
The Prevention of Organized Crime Act provides for fines of up to
one million Namibian dollars ($133,000) or jail terms of up to 50 years
for persons who participate in or aid and abet trafficking in persons.
The police's Women and Child Protection Unit is responsible for
monitoring and investigating possible cases of trafficking. The
Ministry of Gender Equality and Child Welfare coordinated the
government's efforts to combat trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--While discrimination on the basis of
disability is not addressed in the constitution, the law prohibits
discrimination against persons with physical and mental disabilities in
employment. Enforcement in this area was ineffective, and societal
discrimination persisted.
The government does not require special access to public buildings,
and some ministries remained inaccessible. 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. The
Office of the Prime Minister's Disability Advisory Unit was responsible
for assisting persons with disabilities.
Unlike in the previous year, there were no reports of
discrimination against persons with disabilities by state-owned
enterprises.
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 have been
unable to exercise these rights fully as a result of minimal access to
education, limited economic opportunities, and their relative
isolation. The government took measures to end societal discrimination
against the San, including seeking their advice about proposed
legislation on communal lands and increasing their access to education.
Indigenous lands were effectively demarcated, but poorly managed.
During the year the government continued promoting special projects for
the advancement of the San community. For example, the ``Back to School
and Stay at School for San Children Project'' has benefited more than
100 San children by paying for their studies, upgrading the schools and
hostels in the San community, and locating mobile schools closer to San
villages.
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, according to The
Rainbow Project, which represents lesbians, gays, bisexuals, and
transgender persons.
Other Societal Violence or Discrimination.--Societal discrimination
against and stigmatization of persons living with HIV/AIDS remained a
problem. The government supported the work of the Namibia Business
Coalition against HIV/AIDS to eliminate discrimination in the work
place.
In June the LAC filed a lawsuit against the government on behalf of
20 HIV-positive women who claimed they were sterilized against their
will after being told the procedure was a routine treatment for HIV/
AIDS. The LAC argued that the alleged practice was discriminatory
against persons living with HIV and interfered with their right to
procreate. The government denied it had a policy of forced
sterilization, and the court case was ongoing at year's end.
In July 22 persons reached an out-of-court settlement with their
former employer who allegedly hired a medical doctor to conduct HIV
tests on them. The employees, who were told the tests were for
``general hygiene,'' claimed they were unaware of the nature of these
tests and that no pre- or post-test counseling was provided. Test
results, including the names of all employees who had tested HIV
positive, were allegedly displayed on a notice board at the place of
business.
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 an organization,
according to the 2004 Labor Force Survey.
The labor code provides for the protection of all workers, but farm
workers and domestic servants working on rural and remote farms often
did not know their rights, and 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 a 48-hour notice has been given to the employer and
labor commissioner. Strike action can be used only in disputes
involving specific worker interests, such as pay raises. Disputes over
worker rights, including dismissals, must 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.
The parties to a 2008 case in which a private security firm at the
Skorpion Zinc mine used rubber bullets to disperse 50 workers reached
an undisclosed settlement during the year.
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. On December 14, the Supreme Court declared
unconstitutional a provision in the 2007 Labor Act that prohibited
employers from hiring third-party temporary or contract workers
(``scabs'').
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, there
continued to be media reports that farm workers, including some
children on communal farms, and domestic workers often received
inadequate compensation for their labor and were subject to strict
control by employers. Given the Ministry of Labor's resource
constraints in vehicles, budget, and personnel, as well as difficulty
in gaining access to some large communal and family-owned commercial
farms, labor inspectors sometimes found it difficult to investigate
possible labor code violations.
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 ($2,660) 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 in construction, unloaded trucks, pushed
trolleys, begged on the streets, and worked in family businesses.
Children below the age of 14 often worked on family-owned commercial
farms and in the informal sector, and some also worked in communal
areas or assisted parents working in the charcoal industry.
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 August 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.
During the year the Ministry of Labor established an interagency
Project Advisory Committee on Child Labor (PACC) to oversee
implementation of the 2008 Action Plan for the Elimination of Child
Labor in Namibia. PACC facilitated the review of national and
international policies and legislation, developed a list of hazardous
child labor activities, conducted an in-depth study of child labor in
the agriculture sector, and analyzed the impact of HIV/AIDS on child
labor. PACC also identified implementing agencies that could assist in
preventing and removing children from child labor situations. In
November PACC trained labor inspectors, social workers, and police
officers to enforce child labor law better.
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 authority to implement and
enforce child labor laws, but generally used regular labor inspections
as well as other monitoring mechanisms for orphans and 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 has introduced several programs aimed at supporting
children to stay in school and away from the labor market. The Ministry
of Gender Equality and Child Welfare and the Ministry of Health and
Social Services coordinated welfare programs for orphans, including
those affected by HIV/AIDS by providing grants and scholarships to keep
them in school. 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 print
and 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, and failing to
respect work-hour regulations for public holidays and Sundays. During
the year there were reports that some mining companies denied workers
sanitary and safe working and living conditions.
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;
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.
__________
NIGER
Niger is a republic that restored its multiparty system in 1999
following coups in 1996 and 1999; it has a population estimated at 15.4
million. In 2004 voters elected Mamadou Tandja to a second five-year
presidential term in an election that international observers deemed
generally free and fair. The ruling coalition of the National Movement
for the Development of Society (MNSD) and the Democratic and Social
Convention (CDS), joined by four other parties, won a majority of
national assembly seats. President Tandja's second--and final, due to
constitutional limits--five-year term was due to expire on December 22,
2009; however, he organized a controversial referendum that established
the Sixth Republic and allowed him to remain in office for three
additional years and that eliminated the term-limits provision,
although this provision was specifically prohibited from revision in
the 1999 constitution. To consolidate the power needed to approve these
changes, President Tandja dissolved the National Assembly and the
Constitutional Court, modified the electoral code, restricted basic
freedoms, curtailed press freedom, and granted himself emergency powers
to rule by decree and executive order. In 2007 the Tuareg rebel group
Nigerien Movement for Justice (MNJ) launched a series of attacks
against military and strategic installations in the north. The
frequency and intensity of attacks diminished during the year, but the
government continued to extend the state of alert declared in 2007 in
90-day increments until November 26, when the president lifted the
state of alert. While civilian authorities generally maintained
effective control of the security forces, there were instances in which
elements of the security forces acted independently of government
authority.
Government
RESPECT FOR HUMAN RIGHTS
did not improve from the
previous year. Human rights abuses included the undemocratic
manipulation of the constitution and the electoral process;
extrajudicial killings and use of excessive force by security forces;
poor jail and prison conditions; arbitrary arrest and detention;
prolonged pretrial detention; executive interference in the judiciary;
excessive use of force and other abuses in internal conflict;
restrictions on press freedom; forcible dispersal of demonstrators;
restrictions on freedom of movement; official corruption; official
impunity; societal discrimination and violence against women; female
genital mutilation (FGM); trafficking in persons; the practice of
slavery by some groups; and child labor.
On April 4-6, the government and Tuareg rebels began peace talks in
Tripoli under Libyan mediation, which resulted in direct meetings in
Niger and led at least 1,000 rebels to surrender their arms during the
second week of October. On November 26, the government lifted the state
of alert it had imposed in 2007.
Claiming he was responding to calls by allies and ordinary citizens
to extend his term and complete some of the projects he initiated,
President Tandja organized a controversial referendum and legislative
elections after he dissolved the National Assembly, assumed emergency
powers, dissolved the Constitutional Court, suspended related
constitutional provisions, and amended the electoral code. The
opposition, trade unions, and civil society organizations boycotted
both consultations, arguing that the president's move was
unconstitutional. International, regional, and bilateral bodies also
rejected it. This situation prompted a series of demonstrations
involving arbitrary detentions, beatings, and mistreatment of
protesters, and restrictions on freedoms of assembly and of the press
(see sections 2.a. and 2.b.).
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
security forces were responsible for the deaths of civilians in
connection with the conflict in the north (see section 1.g.).
Disputes between herders and farmers over land rights and grazing
areas continued and resulted in several deaths.
For example, on March 6, unidentified gunmen killed at least 10
persons and burned hundreds of hectares of pasture in attacks on two
herders' camps. State radio reported that an area of pasture estimated
at 800 hectares (30 square miles) was burned in the attacks, close to
the town of Mangaize (Ouallam) in Tillabery Region, 80 miles north of
Niamey near the border with Mali. Tillabery regional authorities who
visited the site stated that they would take every measure to find and
arrest the killers. The case was settled during the reconciliation
forum in April.
On March 20, dozens of sedentary villagers attacked a Fulani herder
camp in Aboyok (Filingue), Tillabery Region, killing 18 persons,
including 12 women, three children, and three elderly persons. The
assailants also abducted and beat two young persons, one of whom
reportedly died. Seventeen others were injured in the incident.
Villagers also burned the camp's school, several huts, and large areas
of grazing land, and stole cash and livestock. Authorities arrested 13
suspects. The case was settled during the reconciliation forum in
April.
On August 23, a group of eight armed Fulani stopped a passenger
vehicle traveling from Baleyara to Bani Bangou, near the village of
Dangara, Tillabery Region. They stripped the passengers of their
possessions, ordered everyone off the bus, and separated passengers
into Fulani and Djerma groups. The attackers then opened fire on the
Djerma group, immediately killing seven. Three others later died of
injuries sustained during this attack.
On August 23, sedentary villagers carried out organized attacks on
an unnamed Fulani herder community in Tillabery Region. According to
local human rights groups, local authorities, and the Fulani community,
these attacks resulted in 13 deaths (including four women, four
children, and two elderly individuals); five victims suffered serious
injuries. Authorities continue to investigate these killings.
On September 1, one person was killed and another injured in a
skirmish between Malian herders and Nigerien villagers in Wanzarbe,
Tillabery Region, near the Malian border.
On November 17, between Chinagoder and Banibangou in Tillabery
Region, unidentified armed individuals killed a young man riding a
motorcycle. On November 18, unidentified individuals attacked a nomad
camp in the same area, killing three persons. Two tribal leaders were
placed under custody as investigations continued.
The September 2008 community conflict that resulted in the death of
12 villagers in Chiwilli was settled via a forgiveness and
reconciliation forum. In April the prime minister chaired a forum for
the reconciliation of populations in northern Tillabery Region. Those
in attendance urged the various communities to ``forgive one another.''
There were no further developments regarding either the 2007
dispute in Zinder Region that resulted in four deaths or the 2007 clash
that left seven dead and seven injured in Tillabery Region.
b. Disappearance.--There were no reports of politically motivated
disappearances; however, in December 2008 the UN secretary general's
special representative for Niger, former Canadian ambassador Robert
Fowler, and his special assistant Louis Guay and their driver
disappeared. Kidnappers reported to be members of Al-Qaeda in the
Maghreb freed the driver in Mali. He returned to Niger on March 26,
after more than 100 days in captivity. The two UN officials were
released on April 22.
On January 22, unknown assailants kidnapped four European tourists
in Niger close to the border with Mali. On April 22, captors released
two of the hostages (one Swiss woman and one German woman) in Mali.
They killed a third hostage (a British man) in May and released the
last hostage (a Swiss man) on July 12.
On December 28, unidentified armed individuals attacked a convoy of
Saudi citizens en route to the Malian border, approximately 21 miles
from Tillabery. The assailants killed three persons on the spot and
injured four. One of the injured subsequently died at a Niamey
hospital. The criminals tied and left the convoy's guides (two Malian
nationals), who later managed to set themselves free. Authorities
detained several individuals and investigations continued at year's
end.
On December 30-31, an armed group, reportedly drug traffickers,
clashed with the national army at Telemses, northwest of Tahoua near
the Malian border. Resulting skirmishes took place over several days
and left seven government soldiers, nine traffickers, and one civilian
dead. The army reported seizing one vehicle and several weapons and
taking an undetermined number of prisoners.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security forces and the MNJ beat and tortured
civilians in connection with the conflict in the north, where fighting
between government and rebel forces also resulted in civilian injuries
(see section 1.g.).
Police reportedly mistreated detained protesters, including
politicians and civil society activists, and forcibly dispersed
demonstrations, which resulted in injuries.
Disputes between farmers and herders resulted in deaths and
injuries.
Prison and Detention Center Conditions.--There were 38
penitentiaries with an estimated total of 7,000 detainees countywide.
Prison conditions were poor and life threatening. Prisons were
underfunded, understaffed, and overcrowded. For example, Niamey's civil
prison, a facility built for 350, held 861 inmates, including 654
awaiting trial and 207 sentenced; there were 35 women and 26 juveniles
among the detainees. Family visits were allowed, and prisoners could
receive supplemental food, medicine, and other necessities from their
families; however, nutrition, sanitation, and health conditions were
poor, and deaths occurred from AIDS, tuberculosis, and malaria.
Corruption among prison staff continued. Officials demanded bribes
to let prisoners leave prison for the day and serve their sentences in
the evenings or serve their sentences in the national hospital in
Niamey.
Pretrial detainees were held with convicted prisoners.
Human rights observers, including the International Committee of
the Red Cross (ICRC), the governmental National Human Rights and
Fundamental Liberties Commission, 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.
On March 2, the Ministry of Justice and the ICRC organized a
training session for the penitentiary administration, aimed at
improving detention conditions.
On October 5-15, the National School of Public Health (ENSP)
conducted a capacity-building course intended to train and upgrade the
skills of 29 members of the National Intervention and Security Forces
(FNIS) who provide health care in various penitentiaries. The FNIS and
the penitentiary administration funded the training with support from a
foreign embassy.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the law prohibits
detention without charge in excess of 48 hours; however, police
violated these provisions.
The state of alert in the north allowed security forces to arrest
and detain individuals without charge indefinitely (see section 1.g.).
Role of the Police and Security Apparatus.--The armed forces, under
the Defense Ministry, are responsible for internal and external
security. The gendarmerie, also under the Defense Ministry, has primary
responsibility for rural security. The National Intervention and
Security Forces (FNIS), under the Interior Ministry, are responsible
for domestic security and the protection of high-level officials and
government buildings. The national police, also under the Interior
Ministry, are charged with urban law enforcement.
The police were ineffective, largely due to a lack of basic
supplies such as vehicle fuel, radios, uniforms, handcuffs, batons, and
badges. Patrols were sporadic, and emergency response time in Niamey
could take 45 minutes. Police training was minimal, and only
specialized police units had basic weapons-handling skills. Citizens
complained that security forces did not adequately police border
regions and remote rural areas. Corruption remained an ongoing problem.
The gendarmerie is responsible for investigation of police abuses;
however, 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 in areas outside the north. Judges
and prosecutors weigh evidence and issue warrants accordingly. Persons
are brought before an independent judiciary. However, there were
reports that several persons were detained arbitrarily under the state
of alert. The law allows individuals to be detained initially for up to
48 hours without charge and allows an additional 48-hour detention
period if police need more time to gather evidence. Detainees have a
right to prompt judicial determination, and this generally occurred in
practice. Security forces usually informed detainees of the charges
against them promptly; however, detainees involved with sensitive cases
were sometimes held longer than legally permitted. There is a
functioning bail system for crimes carrying a penalty of fewer than 10
years' imprisonment. Those arrested must be notified of their right to
a lawyer within 24 hours. Indigents are 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 journalists and political and
civil society activists during the year.
On July 2, police released from custody Marou Amadou, leader of the
United Front for the Safeguarding of Democratic Achievements (FUSAD, a
civil society umbrella group made up of 22 labor unions and other
organizations) and member of the Independent National Electoral
Commission (CENI), after detaining him for several days on charges of
provoking and demoralizing the security and defense forces. On August
10, the judicial police again arrested Amadou on charges of
``undermining state security'' following a FUSAD statement rejecting
the August 4 referendum results and denouncing President Tandja's
regime. Amadou was released on August 11, but security forces arrested
him again and transferred him to the judicial police for questioning on
new charges of ``operating a nondeclared organization.'' On August 13,
Amadou appeared before the investigating judge who determined that he
should remain in custody pending further examination of the case. He
was transferred to a maximum security prison where he remained in
detention after various failed attempts to obtain provisional release.
He was released on bail on September 15. On September 17, Amadou moved
from his house to an undisclosed location following rumors that the
police were trying to arrest him again after he criticized the regime
in a press conference on September 16. He reappeared on September 21,
and was able to travel overseas on October 4. He returned on October
29.
On July 18, security forces detained Niger Party for Democracy and
Socialism (PNDS) member Alassane Karfi for questioning following his
July 17 remarks on Dounia Television about opposing the August 4
referendum. On July 19, security forces transferred Karfi to Koutoukale
maximum security prison based on orders from the public prosecutor. The
Tribunal of Niamey granted him provisional release on October 13.
On July 21, security forces detained former foreign minister,
National Assembly deputy, and deputy chairperson of the PNDS Bazoum
Mohamed and questioned him regarding his participation in opposition
efforts to organize a boycott of the August referendum.
Between September 3 and 5, Niamey police summoned, questioned, and
detained 35 former National Assembly deputies, mostly from opposition
parties; members of the administrative staff; and vendors. Reportedly,
the arrests related to ``illegally received amounts.'' These involved
deputies accepting benefits that they had approved for themselves by
motion rather than through enactment of a law. The Constitutional Court
found against this maneuver, whereupon the deputies passed a law to the
same effect. The government took issue with their retaining the excess
benefits from the period before the passage of the law. The ``illegally
received amounts'' involved 124 National Assembly members during the
previous three legislatures. On September 7 and 8, the 35 arrested
former parliamentarians appeared in court. Three former lawmakers, two
staff members, and two vendors were jailed; 28 deputies were arraigned
and granted provisional release.
Police occasionally conducted sweeps to detain suspected criminals.
There were serious backlogs in the judicial system. 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; however, some persons waited as long as six
years to be tried. At year's end, 76 percent of the prisoners in
Niamey's civil prison were awaiting trial. Trial delays occurred due to
factors including lengthy legal procedures, inadequate resources, staff
shortages, and corruption.
Amnesty.--On October 23, President Tandja granted amnesty to Tuareg
rebels who had given up arms, to security forces, and to all those
involved in the conflict in the northern region.
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. These defendants were seldom called back for trial, had
complete freedom of movement, and could leave the country.
The Court of Appeals reviews questions of fact and law, while the
Supreme Court reviews application of the law and constitutional
questions. The High Court of Justice (HCJ) deals with cases involving
senior government officials. The justice system also includes civil
criminal courts, customary courts, traditional mediation, and a
military court. The military court provides the same rights as civil
criminal courts; however, customary courts do not. The military court
cannot try civilians.
Under customary courts and traditional mediation, individuals do
not have the same legal protections as those using the formal court
systems. Traditional chiefs can act as mediators and counselors. They
have authority to arbitrate in many customary law matters, including
marriage, inheritance, land, and community disputes, but not in all
civil issues. Chiefs received government stipends but had no police or
judicial powers.
Customary courts, based largely on Islamic law and local tradition,
are located only in large towns and cities and try civil law cases. A
legal practitioner with basic legal training, advised by an assessor
knowledgeable in the society's traditions, heads these courts. The
judicial actions of chiefs and customary courts are not regulated by
formal law, and defendants can appeal a verdict in the formal court
system.
Trial Procedures.--The law affirms the presumption of innocence.
Trials are public, and juries are used. Defendants have the right to
counsel, including at public expense for minors and indigent defendants
charged with crimes carrying a sentence of 10 years or more. Those
arrested must be notified of their right to a lawyer within 24 hours of
detention. Defendants also have the right to be present at trial, to
confront witnesses, and to present witnesses on their own behalf. The
government has a legal obligation to inform defendants of all evidence
against them, and defendants have access to government-held evidence.
Defendants may appeal verdicts, first to the court of appeals and then
to the Supreme Court. However, widespread ignorance of the law
prevented many accused from taking full advantage of these rights.
Women do not have equal legal status with men in customary courts
and traditional mediation and do not enjoy the same access to legal
redress.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Courts of civil procedure
exist in each major city. These courts are generally independent and
impartial, and there is access to seek damages for and cessation of
human rights violations. These courts hear lawsuits related to civil
matters and can apply judicial remedies, while a single appellate
entity is responsible for administrative remedies.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law generally prohibit such
actions, and the government generally respected these prohibitions;
however, police may conduct searches without warrants when they have
strong suspicion that a house shelters criminals or stolen property.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
In 2007 the MNJ began a series of attacks against military and
strategic installations in the country's uranium-rich northern region.
The MNJ demanded greater regional autonomy and a larger share of the
region's resources and claimed the government had not honored
provisions of the 1995 peace accord that ended a five-year Tuareg
rebellion. The government stated it had fulfilled most of the peace
accord provisions. In response to the attacks, the government sent at
least 4,000 troops to the region, where they continued to operate under
special powers the president granted under the state of alert declared
in 2007, until the government on November 26 lifted the state of alert.
The state of alert allowed the government to arrest and detain persons
without charge indefinitely, restrict freedom of movement, and ban live
broadcasts discussing the government's policy in the north.
Killings.--Fighting between government and rebel forces resulted in
the deaths of several civilians during the year. For example, on
February 13, the army reported having killed one civilian in Tamazlak.
Soldiers killed suspected informants and rebel collaborators. There
were reports that the army killed at least four civilians in the north
during the period of January 9 to March 19.
There were no developments regarding the government's investigation
into the army's 2007 killing of six civilians and an off-duty police
officer near Tiguidit. In late September the victims' families decided
to refer the case to the Economic Community of West African States
(ECOWAS) Court of Justice, with a complaint against the government for
failure to investigate the case and to bring suspected perpetrators to
justice.
During the year landmines killed and wounded several persons,
according to press reports. The government and the MNJ accused each
other of laying the landmines.
According to local media, on March 8, a landmine exploded and
injured three persons in Dao Timi, Bilma; on September 12, a landmine
accidentally killed at least one government soldier and injured several
others in Gougaram, Arlit.
Abductions.--Local human rights organizations and media published a
list of at least 50 individuals held since 2007 in connection with the
conflict in detention centers in various localities. While several were
released in March, there were no credible reports that other detainees
were released (see section 1.d.).
In February security forces detained four Swiss nationals in
Dirkou, a town and military outpost located in the country's northeast
corner, within the area under the state of alert. The four had traveled
throughout the country and apparently were en route to Chad when
security forces detained them and escorted them to Niamey.
There were several cases of abduction by alleged Tuareg rebels. On
October 7, two unidentified gunmen briefly detained four employees of a
mining company (three French citizens and one Nigerien) near the town
of Arlit. The captors forced their victims to drive approximately 15
miles from the town, then forced them out and stole the vehicle.
Physical Abuse, Punishment, and Torture.--There were reports of
torture by both government soldiers and Tuareg rebels.
There were reports that the army arrested several civilians and
beat and detained them in military barracks before turning some over to
law enforcement officials. Security forces held some individuals
incommunicado.
Alleged rebels stopped transport vehicles, beat passengers, and
stole their valuables.
Child Soldiers.--There were no reports of children being used in
conflicts.
Other Conflict-Related Abuses.--Due to the peace efforts that
reduced the conflict during the year and the recent disarmament of
rebel groups, there were reports that displaced populations were
gradually returning to their villages. Humanitarian organizations
estimated that of approximately 5,000 persons who fled Iferouane, only
an estimated 500 were still displaced at the end of August. The state
of emergency still in effect in the region and landmines on all major
roads had limited the government and humanitarian organizations' access
and assistance north of Agadez.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of expression; however, the government did not respect press
freedom in practice, particularly in relation to the conflict in the
north. Journalists practiced self-censorship. The state of alert in the
north restricted journalists' travel and their reporting on the
conflict (see section 1.g.).
Individuals generally could criticize the government publicly or
privately without reprisal; however, the government attempted to impede
criticism.
The government published a daily newspaper. There were
approximately 45 private newspapers, some of which were affiliated
loosely with political parties. The private press criticized government
actions.
Radio was the most widely accessible medium. A government-owned
radio station provided news and other programs in French and local
languages. There were 15 private radio stations; eight were locally
owned and featured news in local languages. Private radio stations were
generally less critical of the government than private newspapers.
The two government-owned television stations broadcast in French
and the major national languages. Three private television stations
broadcast local and foreign programming and also began a daily
newscast. A fourth private channel broadcast religious programming.
International channels were available in Niamey.
International media were not allowed to operate freely. The
government did not allow them to cover events freely in the north (see
section 1.g.). BBC World Service was available in Niamey and Zinder.
Private radio stations carried Voice of America and Deutsche Welle.
Security forces arrested and detained journalists during the year,
mostly in relation to reporting on the conflict in the north. Security
forces also arrested journalists under libel laws for reporting on
other subjects.
The government suspended or closed several private media outlets
during the year. One radio station--Sahara FM--remained closed at
year's end. Government officials continued to use criminal libel laws
and the media regulatory body to intimidate critics.
On January 23, judicial police arrested Boussada Ben Ali,
publication director for independent weekly newspaper L'Action,
following a complaint filed by the minister of economy and finance. Ben
Ali was arrested for allegedly ``divulging information likely to
undermine public order.'' The charge stemmed from an article published
in the January 13 edition of L'Action, which questioned the minister's
awarding of a contract for the procurement of medical equipment. The
same article also reported that the minister had inappropriately
diverted CFA 127 billion (approximately $283 million) from a petroleum
agreement between Niger and China. On January 17, the High Council for
Communications (CSC), the governmental media regulatory body, summoned
Ben Ali to watch a video it said disproved his claim. The High Council
ordered him to retract the story, but he refused. The Tribunal of
Niamey arraigned Ben Ali and remanded him into custody on January 26.
On February 6, the court convicted him of ``disseminating information
likely to undermine the public order'' and sentenced him to three
months in prison. He was released on April 26.
On April 1, police arrested and detained Abibou Garba, owner of the
private media group TV and Radio Dounia, on charges of ``broadcasting
false information.'' Garba's arrest resulted from a March 27 debate
broadcast on Dounia TV on French President Sarkozy's visit to Niger.
During the debate, a civil society activist alleged that the true
motive of Sarkozy's visit was to attend to private business matters
related to French energy company Areva. Authorities provisionally
released Garba on April 2 pending trial. No trial date was announced.
On April 6, the judicial police arrested and detained Ali Soumana,
publisher of the independent newspaper Le Courrier, following a
defamation complaint brought against him by the managing director of
the state-owned water company SPEN, based on an article printed in the
newspaper's March 26 issue accusing SPEN's manager of engaging in
``dirty business deals'' with a Chinese geological engineering company,
which the newspaper claimed was corrupt, deceptive, and blacklisted by
the World Bank. On April 7, the state prosecutor charged Soumana with
two counts of ``defamation'' and ``publishing false information'' and
released him until his trial on a date that had not been determined.
On April 29-30, the judicial police temporarily summoned Moussa
Aksar, director of publication of the independent newspaper
L'Evenement, in connection with an article which called for
parliamentary investigations into certain mining licenses and a
contract for one billion CFA (approximately $2.2 million) that the
minister of the interior awarded to President Tandja's brother for the
purchase of police motorcycles. When the police requested that he
disclose his sources, Aksar refused to do so.
On June 29, the CSC ordered TV and Radio Dounia to suspend
broadcasting indefinitely. The CSC president signed the order despite
the objections of a majority of CSC board members, who issued a public
statement to denounce the procedure as improper. Independent media
organizations issued a strong statement criticizing Dounia's
suspension. Dounia reopened on July 3 following a legal reversal of the
CSC's suspension order. This was the second recent court decision
vacating a CSC suspension order in Dounia's favor. On June 17, the
Supreme Court ruled that the CSC overstepped its legal authority in
suspending the Dounia Group for one month. The Supreme Court also ruled
that the CSC's decision to suspend Dounia in August 2008 was
unwarranted and ordered the government to compensate Dounia for lost
revenue.
On July 8, President Tandja signed a resolution to amend Law No.
2006-24 of July 24, 2006 and greatly expand the authority of the CSC
chairman. The resolution was implemented under the president's
invocation of Article 53, granting himself emergency authority to rule
by decree. The CSC chairman was empowered to take preventive measures
without prior notification or approval from other council members if he
determines that a media outlet has published or broadcast information
deemed threatening to the state or public order. Under the new
resolution, the CSC chairman is required to inform other council
members only after disciplinary action has been taken, whereas until
then such action could only be done with the approval of a quorum of
council members, formal notification, and a hearing. The political
opposition and defenders of press freedoms decried this attempt to
constrain the private press.
Between July 20 and 26, independent media organizations went on
strike to protest the president's unilateral decision to restrict their
activities by expanding the authority of the CSC chairman. They decried
the new powers of the CSC chairman to close independent media operators
without due process, which they claimed undermined democracy and the
rule of law during a critical period of national political debate. They
demanded an immediate repeal of this decision.
On August 1, police summoned eight editors of independent local
media organizations for questioning, just three days before the
constitutional referendum intended to extend President Tandja's term of
office. Police questioned the eight journalists (Moussa Aksar of
L'Evenement, Ibrahim Souley of L'Enqueteur, Oumarou Keita of Le
Republicain, Zakari Alzouma of Opinions, Abard Mouddour Zakara of
L'Actualite, Assane Sadou of Le Democrate, Abdoulaye Tiemogo of Le
Canard Dechaine, and Ali Soumana of Le Courrier) on reports published
the previous week implicating one of the president's sons in a deal
alleged to have netted him millions of dollars in kickbacks for
brokering a uranium mining contract (see section 4). After being
questioned and accused of defamation, six of the eight journalists were
released after several hours without charges.
Two of the journalists, Tiemogo and Soumana, were held at the main
police station in Niamey until their trials on August 11. In addition
to questioning regarding the corruption charges levied against the
president's son, officials accused Tiemogo of libel for a report
published by his newspaper implicating the minister of justice in the
mismanagement of 220 million CFA (approximately $490,000), meant for a
study on slavery in Niger, while he served as the president of the
National Commission for Human Rights and Fundamental Liberties
(CNDHLF). The police also questioned Tiemogo regarding a statement he
made on Dounia TV on July 31 claiming that the new international arrest
warrant for former prime minister Hama Amadou on charges of ``illicit
enrichment'' and money laundering was politically motivated. Police
accused Tiemogo of ``discrediting the Ministry of Justice.''
On August 18, Tiemogo was sentenced to a three-month jail term for
``discrediting a judicial decision'' because of his statements
criticizing the prosecutor' decision to issue an international arrest
warrant for former prime minister Amadou. Tiemogo appealed the
sentence. An appeal hearing took place on October 12; a verdict to
reduce his sentence to two months (time already served) was delivered
on October 26, and Tiemogo was released.
On August 31, security officers forcibly moved Tiemogo from the
Niamey National Hospital, where he was being treated for acute malaria,
to a remote prison in Ouallam, 60 miles north of Niamey. Tiemogo's
transfer was reportedly a deliberate attempt to isolate him and put his
health at risk.
Officials detained Ali Soumana of Le Courrier in connection with a
report that claimed that the CNDHLF misused 350 million CFA
(approximately $780,000) allocated for oversight of the August 4
constitutional referendum. Soumana was granted provisional release on
August 5. No date was set for his trial.
On August 2, 10 independent media organizations released a
statement criticizing the government and police attempts to block
investigations of corruption and to prevent antireferendum voices from
being heard. Media organizations also said that the CSC president
blamed the deputy director of Dounia Media Group for granting nearly
unlimited air time to opposition leaders who called for action to
prevent the referendum. The statement further noted that the minister
of the interior had forbidden a Dounia journalist to report on citizens
who planned to abstain from voting in the August 4 referendum. The
Africa Program coordinator of the New York-based nongovernmental
organization (NGO) Committee to Protect Journalists (CPJ) said, ``The
detention of Abdoulaye Tiemogo and Ali Soumana is part of a disturbing
trend of harassment of independent journalists reporting on corruption
in Niger.''
On August 5, the police summoned the editor of Dounia TV, Seyni
Amadou, and the director of Dounia Radio, Mahirou Amadou, for
questioning about the July 31 Tiemogo interview. They were released
without charge.
On September 20, security officials arrested the director of the
private news weekly Le Temoin, Ibrahim Soumana Gaoh, for alleged
defamation after publishing an article accusing the then minister of
communications and government spokesperson, Ben Omar, of embezzlement.
On September 23, the Tribunal of Niamey prosecutor charged Gaoh with
defamation and ordered that he be held without bail until his trial on
September 29. Security officials transferred Gaoh from police custody
to the Niamey civil prison. On September 29, the court released him and
dropped charges against him after his newspaper ran a full retraction
in its September 28 edition. The retraction apologized for the false
accusation linking the former minister of communication to a financial
scandal at the telecommunications firm SONITEL.
Sahara FM, a private radio station in Agadez, which the CSC closed
in April 2008 for broadcasting interviews with alleged victims of abuse
by government troops, remained closed.
There were no further developments regarding journalists Aksar and
Aboubakar's appeal of the November 2008 suspended sentences against
them.
There were no further developments in the case of journalist Moussa
Kaka (see section 1.d.). There were no further developments in the case
of Air Info editor Ibrahim Manzo (see section 1.d.).
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, few citizens used the Internet, due to lack of infrastructure.
According to International Telecommunication Union statistics for 2008,
approximately 0.54 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, police forcibly dispersed demonstrators. The government
retained authority to prohibit gatherings under tense social conditions
or if organizers did not provide 48-hour advance notice.
On February 26, three civil society umbrella groups organized a
protest march and rally to denounce a bill increasing National Assembly
members' allowances. There were reports that police used tear gas to
prevent students from attending the protest.
On April 1, students staged a strike and violent protests in
support of contract teachers in their dispute against the government
over improvement of their working and living conditions. Police
arrested two student leaders. On April 7, the Tribunal of Zinder
charged the students with damaging private vehicles. On April 8, while
the strike continued, the governor of Zinder terminated contract
teachers and requested labor inspectors to prevent the private sector
from employing them. On April 8, authorities released the students.
On April 13, supporters of former prime minister Hama Amadou
attempted to prevent a meeting of the new MNSD leadership. Police
intervened to disperse the crowd. At least 20 protesters were injured.
On April 13, students demonstrated in Tahoua. Police arrested 52
students; they released 35 the same day and kept the 17 others in
custody. On April 14, the Tribunal of Tahoua dismissed the cases of 14
students and granted provisional release to the other three.
On June 1, an antireferendum demonstration turned into a riot in
the city of Dosso, located 85 miles east of Niamey. Local police and
armed forces with support from additional troops from Niamey restored
order. Protesters set fire to the traditional chief's house and the
governor's office and damaged several vehicles and other property. The
police arrested and detained 11 local opposition members. The Niamey
Court of Appeals heard the defendants' appeal and released them on
November 3.
On July 15, security forces used batons and tear gas to break up a
rally by a group of women activists associated with the FDD
demonstrating in support of the dissolved Constitutional Court and its
former president.
On July 17, pro-Tazarce youths (``Tazarce'' is Hausa for ``let it
continue'') who supported an extension of President Tandja's presidency
interrupted an antireferendum conference being held in Zinder.
On July 22, the government requested the judiciary to ban the
planned strike by the Inter-Union of Nigerien Workers (ITN), an
association of the nation's seven labor confederations. A Niamey court
ruled the threatened strike to be illegal. The ITN notified the
government of its intention to hold a 48-hour strike to commence on
July 23 in opposition to the referendum. The strike took place on July
30.
On July 23, the mayor of Niamey's Commune III refused to grant a
rally permit to opposition groups which planned to demonstrate on July
26. Opposition representatives declared that they reserved the right to
protest with or without rally permits through the referendum period. On
the other hand, a proreferendum rally under the auspices of the first
lady took place in Niamey on July 25.
On August 11, between 2,000 and 3,000 persons gathered outside the
courthouse and staged a protest when police denied some of them access
to FUSAD president Amadou's hearing. Police used tear gas and batons to
disperse the crowd and detained an estimated 50 persons. Several
individuals were injured including a journalist who suffered a broken
wrist. The police released all those detained the same day.
On August 22, police prevented the CFDR from organizing a rally
against the new constitution in front of the National Assembly.
Municipal authorities had banned the rally, but the CFDR vowed to defy
the injunction. When they were denied access to the National Assembly,
hundreds of protesters moved to the Nigerien Alliance for Democracy and
Progress (ANDP) headquarters, where they met. The police used tear gas
and batons to disperse the crowd, and made several arrests. A few
protesters suffered minor injuries in the confrontation with the
police. Violent demonstrations were reported in Tahoua and Tillabery,
where police arrested several persons. The CFDR reported that police
arrested 16 individuals in Niamey, 11 in Tillabery, and 14 in Tahoua.
Among those arrested were former member of parliament Soumana Sanda, a
supporter of former prime minister Amadou, and Mamane Wada, secretary
general of the Nigerien Association for the Fight Against Corruption
(Niger's chapter of Transparency International). On August 27, the
Tribunal of Niamey granted provisional release to 11 of the 18 persons
detained, including Wada. The seven others were released during the
first week of September.
On August 30, police forcibly dispersed a rally by the CFDR
supporting the reinstatement of former members of the National
Assembly. Police tracked down, beat, and injured several persons,
including reportedly innocent onlookers.
On September 21, Zinder regional police used tear gas and batons to
disperse the population of Korin Bakoye for celebrating Eid al-Fitr one
day later than the government's announced Eid date.
On October 6, national police prevented 67 former National Assembly
members from entering the headquarters of an opposition political party
where they hoped to hold a meeting.
On October 27, the mayor of Niamey's Commune III refused to grant
the Coordination of Niger's Civil Society (CSCN), another opposition
umbrella group and member of the CFDR opposition coalition, a permit to
demonstrate on October 31. The mayor claimed that ``according to
information in his possession'' the proposed protest would disturb
public order and that he did not have enough forces to police the
event.
Freedom of Association.--The law provides for freedom of
association; however, citizens may not form political parties based on
ethnicity, religion, or region.
During the year the government attempted to restrict the activities
of various civil society associations.
For example, on August 13, the government brought a case against
FUSAD president Amadou on charges of ``operating a nonauthorized
organization.''
On October 22, the Ministry of Youth and Sports sent a notice of
eviction to Mahaman Hamissou, president of the CSCN, for alleged
nonpayment of rent by his association. The CSCN rents an office within
the government-owned Seyni Kountche Stadium. Hamissou said that he had
receipts for all payments made during the year and denounced the
government action as an attempt to restrict the activities of his
association.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and other laws and policies contributed to the generally free
practice of religion. Although the minister of religious affairs
attempted to ban religious speech he considered threatening to public
order, the government generally respected religious freedom in
practice.
Islam was the dominant religion, and the Islamic Association, which
acted as an official advisory committee to the government on religious
matters, broadcast biweekly on the government- controlled television
station. Government-controlled media broadcast Christian programs only
on special occasions, such as Christmas and Easter, although
independent media regularly broadcast such programs.
Religious organizations must register with the Interior Ministry.
Registration is a formality, and there was no evidence that the
government favored one religious group over another or that it ever had
refused to register a religious organization. Approval is based on
submission of required legal documents and the vetting of organization
leaders.
The government monitors religious expression it views as
potentially threatening to public order or national unity.
On March 11, the Niger Islamic Council (CIN), which includes the
Islamic Association as a member, recommended to the government that
sermons be regulated by requiring the CIN's approval of any preaching
sessions. There were no reports that the government enforced this
proposal in practice.
On March 17, the minister of religious affairs issued a statement,
which constituted a ban, on national radio and television, regarding
the practice of public preaching, to prevent ``provocative sermons.''
The minister banned ``parallel preaching'' in markets or other
``inappropriate locations.''
On September 21, Zinder regional police used tear gas and batons to
disperse the population of Korin Bakoye for celebrating Eid al-Fitr one
day later than the government's announced Eid date.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination based on religious affiliation,
belief, or practice, and prominent societal leaders took steps to
promote religious freedom during the year. However, on March 3, two
Muslim sects clashed in Niamey over the interpretation of Islamic
doctrine. The police dispersed the crowd and briefly detained several
protagonists.
On February 24, the Catholic Church in Niamey conducted an
evaluation of its training that promoted interfaith sensitivity and
dialogue. Evaluators recommended continued dissemination of positive
views shared by Muslims and Christians and called on religious leaders
to continue educating people to avoid behavior and language likely to
sow discord.
There was no significant Jewish community, and there were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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, foreign travel, emigration, and repatriation;
however, the government continued to restrict freedom of movement in
the north (see section 1.g.). The government also restricted foreign
travel by former parliamentarians.
Throughout the country security forces at checkpoints monitored the
movement of persons and goods, particularly near major population
centers. They sometimes demanded bribes. Transportation unions and
civil society groups continued to criticize such practices. During the
year bandits set up roadblocks along highways where they robbed and
killed travelers.
The government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, and other persons of concern.
Following the November 3-8 arrests of former parliamentarians, the
government banned foreign travel for 124 former National Assembly
members for an unspecified period. Former National Assembly members
accused President Tandja of harassing them because of their refusal to
approve a three-year extension to his original mandate and their
intention to investigate alleged corruption scandals involving the
executive branch regarding the allocation of mining permits and
management of funds generated by the mining sector. According to former
lawmakers, this resulted in the dissolution of the National Assembly
and the organization of the controversial referendum.
For example, authorities told Fatouma Zara Zeine, a member of the
dissolved National Assembly, to refrain from traveling to the United
States on September 4. On September 10, police at Niamey Airport denied
former deputy and opposition leader Mahamadou Issoufou access to his
flight to Benin and confiscated his passport. Subsequently, Issoufou
received a summons requesting him to appear before a judge in
connection with the National Assembly-related travel ban (see section
2.b.). Issoufou lodged a complaint regarding the travel restriction. On
September 22, the court ordered that his passport be returned and he be
allowed to travel.
The law prohibits forced exile, and there were no reports that the
government used it.
Internally Displaced Persons (IDPs).--The conflict in the north
displaced many persons (see section 1.g.).
International humanitarian organizations also reported that
community conflict between farmers and herders especially in northern
Tillabery Region caused displacement. 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 food for
IDPs. In April, following a request from the Agadez governor's office,
the World Food Program delivered 690 metric tons of food to the
northern communes, intended for 20,000 persons. According to local
NGOs, approximately 100 school children were displaced from Iferouane.
Agadez regional authorities stated they allowed many displaced parents
from Iferouane and Tchintelous who settled in Agadez City or Arlit to
register their children in public schools. Authorities assigned
teachers to the schools and supplied those that had canteens.
With the easing of the conflict in 2009, many IDPs started to
return home. According to NGO reports, the return movement to Iferouane
started at the beginning of the year with dozens of persons with
support from the local town council. According to the UN Office for the
Coordination of Humanitarian Affairs (OCHA), as of July, five
humanitarian clusters (health, nutrition, food security, education, and
water, sanitation and hygiene) were functioning across the country and
OCHA had opened a suboffice in Agadez.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. However, its laws do not provide for granting asylum or refugee
status in accordance with the 1951 UN Convention 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 352 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, and citizens exercised this right in practice
through periodic and generally free and fair elections held on the
basis of universal suffrage.
Elections and Political Participation.--In 2004 voters elected
Mamadou Tandja to his second five-year presidential term with 65
percent of the vote in an election that international observers
described as generally free and fair, despite some irregularities on
election day. However, citizens' right to choose their leaders was
subsequently abridged by the president's actions, widely viewed as
unconstitutional and taken to consolidate his hold on power.
On August 4, the government organized a controversial referendum on
a new constitution after President Tandja dissolved the National
Assembly, assumed emergency powers, dissolved the Constitutional Court,
suspended related constitutional provisions, and amended the electoral
code.
Opposition parties, civil society organizations, labor unions, and
regional and international bodies in vain pressed the president to
refrain from organizing the referendum. Although accounts of the level
of voter participation vary widely, the CENI claimed that 92.5 percent
voted in favor of adopting the new constitution, which permits the
president to remain an additional three years in office, confers full
executive powers, and eliminates presidential term limits after 2012.
On October 20, the government organized legislative elections based
on the new constitution to replace the 113 members of the National
Assembly which had been dissolved on May 26. Under the previous
constitution, the president was required to organize legislative
elections within 45-90 days after the dissolution of the National
Assembly. Six million voters were registered for both the referendum
and the legislative elections. There were 19,331 polling stations
nationwide. The referendum and the legislative elections took place in
a generally peaceful atmosphere. Several groups of African and local
observers monitored the polls and stated that the elections were
generally free, fair, and transparent despite some irregularities on
election day.
However, traditional observer groups including the UN, the African
Union, ECOWAS, the Francophonie Organization, and foreign embassies
refused to monitor the referendum and legislative elections. Various
competing parties and independent candidates complained about purported
illegal practices such as the distribution of money and other gifts for
votes, partisan transportation of voters, ballot stuffing, missing
ballots for some parties at some polling stations, late opening of
polling stations, interference with voting by government officials, and
corruption of local CENI members.
Under the new constitution, enacted on August 18, the president
appoints one-third of the Senate's 60 members, the prime minister, five
of nine members of the Constitutional Court (the presidents of the
National Assembly and the Senate appoint two each), four of seven
members of the CSC media regulatory body (the presidents of the
National Assembly and the Senate each appoint one, and the minister of
communication appoints one), and the presidents and vice presidents of
the latter two institutions.
The new constitution established a presidential-type political
regime under which the president cannot dissolve the National Assembly
and the latter cannot sanction the prime minister via a motion of no
confidence. Unlike under the previous constitution, the prime minister
is no longer head of government. The president now holds that position.
The new constitution states, ``The President of the Republic is the
exclusive holder of the executive power. He is the head of government.
He appoints the Prime Minister and cabinet members and determines their
powers. The Prime Minister and members of the cabinet report to the
President. He terminates their functions'' (Article 48). ``The
President of the Republic is elected via free, direct, equal, and
secret universal suffrage, for a mandate of five years renewable''
(Article 39).
While the previous parliamentary system comprised only a single-
chamber National Assembly, the new constitution provides for a
bicameral parliament. ``The legislative power is executed by the
Parliament. Parliament is made up of two chambers: the National
Assembly. [and] the Senate'' (Article 68). National Assembly members
(Deputies) ``are elected via free, direct, equal, and secret universal
suffrage. The legislature lasts 5 years'' (Article 69). The Senate
``ensures the representation of local councils, traditional chiefs, and
Nigeriens abroad. Two-thirds (2/3) of Senate members are elected via
indirect universal suffrage. The other third is appointed by the
President of the Republic. Senators' mandate lasts 5 years. No one can
be elected or appointed Senator if he/she is not at least 45 years old
on the day of voting or appointment'' (Article 72).
Some provisions of the new constitution are not subject to change.
``No revision procedure can be engaged or pursued when there is an
offense against the integrity of the national territory. The republican
form of State, the multiparty system, the separation of State and
religion, and the provisions of articles 154 and 159 cannot be
revised'' (Article 152).
Article 154 of the new constitution stipulates, ``The incumbent
President of the Republic shall remain in office until the presidential
election, which will take place in December 2012.''
Article 159 provides that ``Law 2000-14 of January 24, 2000[,]
regarding amnesty for the authors of the January 27, 1996[,] and April
9, 1999[,] coups d'etat shall remain in force in all its provisions.''
``Legislative elections will take place no later than October 2009.
While awaiting the installation of the National Assembly, the President
of the Republic is empowered to execute legislative powers via
ordinances, in the following areas: political elections, installation
of new institutions, [and] implementation of agreements with foreign
partners'' (Article 155). ``Local elections will take place no later
than December 2009'' (Article 156).
In the October 20 legislative elections, the MNSD, the main party
of the coalition supporting President Tandja, won 76 of the 113
National Assembly seats. Five parties aligned with the MNSD won 25
seats while 11 seats went to independent candidates. The Nigerien Party
for Self-Reliance (PNA), one of the three opposition parties that did
not boycott the election, won one seat. The Constitutional Court
validated the results on November 10, and the National Assembly was
installed on November 14. Due to the ongoing political crisis, the
referendum, and legislative elections, the president reshuffled the
cabinet several times--on May 14, June 29, August 19, October 2, and
October 10. On October 2, the president appointed Ali Badjo Gamatie as
prime minister; former prime minister Seini Oumarou had resigned
September 23 to be eligible to run in the October legislative
elections.
Opposition parties, civil society organizations, and labor unions
boycotted and rejected the results of the August referendum, which they
considered ``a constitutional coup d'etat.'' They also boycotted the
October legislative elections. Regional and international bodies
continued to press the political protagonists for a dialogue to restore
a ``normal constitutional order.''
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 25 percent of senior government
positions and 10 percent of elected seats; women held at least 10
percent of the 3,724 local council positions. There were 11 women in
the 113-member National Assembly and seven female ministers in the 32-
member cabinet; 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 National Assembly designated
for representatives of ``special constituencies,'' specifically ethnic
minorities and nomadic populations. President Tandja, reported to be
half-Fulani and half-Kanuri, is the country's first president who is
not from either the Hausa or Djerma ethnic groups, which respectively
make up 56 percent and 22 percent of the population.
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.
In January 2008 the government established an intersectoral
committee on corruption charged with ``examining and approving general
and annual . plans for actions to be carried out in . support for the
fight against corruption.'' On September 24, the minister of justice
chaired the opening of a capacity-building workshop for judges on the
implementation of laws and regulations relating to economic and
financial crimes.
As a consequence of this year's political crisis, there was a delay
in drafting the legislation to establish a national agency for the
fight against corruption.
On July 27, several local newspapers featured a purported
memorandum of agreement between Multimedia Communications and one of
the president'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.'' Under the agreement,
signed in January 2008, the manager of Multimedia Communications,
Ibrahim Hamidou, a reported political and business associate of the
president's family, and the president's son were to share a commission
of $5 million plus 25 percent of the new company's shares. In a
television interview the manager of Multimedia Communications
acknowledged the existence of the contract but said he had not yet
received the money. There were no further developments or prosecutions
in the matter.
On December 11, the Tribunal of Maradi ordered the arrest of five
mayors from Maradi Region on charges of embezzling public funds. The
defendants included the mayors of Aguie, Tchadaoua, Madarounfa, Tibiri,
and Gangara, and their respective financial managers. Investigations
continued at year's end.
There were no further developments regarding the three district
mayors of the city of Maradi detained in March 2008 for purported
involvement in corruption and given provisional release.
There were no further developments regarding the case of the mayors
of Falmey, Ngonga, and Dosso in Tillabery Region, detained in April
2008 on mismanagement and corruption charges.
There were no further developments regarding the case of the mayors
of Sokorbe and Loga in Dosso Region, detained in May 2008 on charges of
embezzlement.
There were no further developments regarding the case of the mayor
of Niamey Commune II, Seyni Mounkaila, suspended in June 2008 for
embezzlement of 125 million CFA (approximately $280,000).
In June 2008 the National Assembly passed a resolution requesting
that the HCJ indict former prime minister Amadou on charges of misusing
funds meant to support the private press, and the HCJ subsequently
ordered Amadou be detained at the maximum security Koutoukale prison.
On April 23, the HCJ approved Amadou's request for provisional release.
He left the country on April 24 to seek medical care in Europe. On July
29, the Tribunal of Niamey issued an international warrant via Interpol
for his arrest on charges of ``illicit enrichment'' and money
laundering in the amount of 15 billion CFA (approximately $33 million),
including 500 million CFA ($1.1 million) in shares of a
telecommunications company put in his son's name. Amadou and his
supporters continued to claim that the warrant for arrest was another
example of political harassment against him.
In November 2008 the Supreme Court indicted and ordered the arrest
of former justice minister Maty Elhadji Moussa on charges of illicit
enrichment and fraud. The Supreme Court granted Moussa provisional
release in June.
There were developments in the 2007 corruption case involving the
president of the Niamey City Council, Aboubacar Seydou Ganda, and five
of his senior staff members. Ganda and 12 other persons involved in the
case remained on provisional release.
There were no developments in the MEBA corruption case reopened in
December 2007 and subsequently postponed.
Articles 43 and 44 of the new 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
term. Initial statements and updates are published in the National
Register and the press. Copies of the statements are forwarded to
fiscal services. Any discrepancy between the initial and the updated
statements must be justified. The Constitutional Court has authority to
assess such matters.
The State Inspectorate and the country's courts are responsible for
combating government corruption.
There were no laws that provided for public access to government
information; however, many documents could be obtained from individual
ministries and the National Archives. The government granted access to
government information to both citizens and noncitizens, including
foreign media.
Section 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
and travel restrictions in the north limited the ability of human
rights groups to investigate human rights violations.
The government-established CNDHLF operated without government
interference; however, it lacked resources, was generally considered
ineffective, and it issued few reports or recommendations.
In August 2008 the government established a mediator of the
republic. The mediator's role is to solve difficulties in the
implementation and interpretation of laws and regulations. The
president appoints the mediator, who is an independent administrative
authority charged with investigating citizens' complaints and trying to
find amicable solutions. The mediator has no decision-making powers,
however, and instead submits results of investigations to the president
and the prime minister.
There were no further developments regarding the August 2008
appeals of the Niamey District Court's verdict on the 2005 beating of
civil society activist Nouhou Arzika.
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 effectively
enforced these prohibitions.
Women.--Rape is punishable by 10 to 30 years' imprisonment,
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. For example, on January 5, the Konni Court of Assizes
had four rape cases on its calendar; on January 12, the Maradi Court of
Assizes had 15; and on December 2, the Tribunal of Dosso had 17.
However, in many cases spousal rape did not lead to prosecution, as
victims often sought to resolve the issue within the family or were
pressured to do so.
Domestic violence against women was widespread, although reliable
statistics were not available regarding 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 (approximately $22)
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
legal system and fear of repudiation or social stigma. The Ministry of
Women's Promotion and Children's Protection, international
organizations, NGOs, and women's organizations conducted public
awareness campaigns on violence against women through several events
that received wide media coverage.
According to the UN Children's Fund (UNICEF), 429 cases of violence
against women were reported from October 2006 through September 2007.
However, this figure is thought to understate greatly the actual
prevalence. Battery represented 44.9 percent of the cases, indecent
assault 17.6 percent, and rape or attempted rape 16.4 percent.
Prostitution is illegal but remained prevalent in big cities and
near major mining and military sites.
Sexual harassment is a crime punishable by prison sentences from
three to six months and fines of 10,000 to 100,000 CFA (approximately
$22 to $220). 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 ($45 to $450). 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. However, while the law protects reproductive
rights, information regarding reproductive rights was not readily
available. There are no restrictions on the right to access
contraceptives. 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. According to the
ministry, use of contraceptives increased from 8.5 percent in 2006 to
13 per cent in 2008.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections, including HIV. Since 2007, the
government has guaranteed free health care for children up to five
years of age; this contributed to increased women's access to health
centers for general and essential obstetric and postpartum care,
including prevention of mother-to-child transmission of HIV. However,
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.
The constitution provides for equal rights regardless of sex;
however, women do not have the same rights as men under family law in
customary courts. Legal rights as head of household 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, water- and wood-
gathering, and other work. Despite constituting 47 percent of the
formal sector work force, only 26 percent of civil service workers and
22 percent of professionals were 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 wives and prevented them from leaving their homes unless
escorted by a male relative and usually only after dark.
In the civil service and the formal sector there was no indication
that women experienced discrimination in access to employment or pay
for similar work.
The country has adopted several laws and regulations for the
development of women. The law mandates that women fill at least 25
percent of senior government positions and at least 10 percent of
elected seats in order 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. The
government with the support of UNICEF worked to address this problem.
The government's failure to register births did not result in denial of
public services.
In principle, elementary education, which lasts six years, was
compulsory, free, and universal from the age of six; however, in
practice only a fraction of children attended school. The country's
minimum age requirement for labor is consistent with the national
requirement that children complete six years of education. The
government estimated that the gross national primary school enrollment
rate was 52 percent in 2006, and the net primary school enrollment rate
was 41 percent; boys constituted 60 percent of those who finished
primary school. UNICEF in 2007 estimated that only one-third of primary
and only 6 percent of secondary-school-age girls were enrolled, and
even fewer attended regularly. Most parents kept young girls at home to
work, and girls rarely attended school for more than a few years. This
resulted in estimated literacy rates of 15 percent for girls and 43
percent for boys, according to a 2006 UN Development Program report.
Literacy rates, particularly for girls, were even lower in rural areas.
The conflict in the north led thousands of children to avoid school and
caused schools in the north to shut down (see section 1.g.).
Violence against and abuse of children was common. Each of the 10
district courts and the 36 magistrates' courts had at least one
juveniles' 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 the judge. 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.
FGM is against the law and punishable by six months to three years
in prison. If an FGM victim dies, the practitioner can be sentenced to
10-20 years' imprisonment. Certain ethnic groups practiced FGM,
predominantly the Fulani and Djerma in the western region. According to
UNICEF, the FGM rate decreased from 5 percent in 1998 to 2.2 percent in
2006. However, an October 2008 UN IRIN report stated that circumcisers
traveled from Burkina Faso to Niger to carry out FGM on nomad
Gourmantche girls as part of a rising trend of crossborder FGM. FGM was
practiced on young girls, and clitoridectomy was 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 April 7, as a result of an 18-
month sensitization and training session provided by the Inter-
Ministerial Committee for the Fight against FGM and a local NGO, 10
villages in the Makalondi local council area near the border with
Burkina Faso publicly abandoned the practice of FGM. Such training was
extended to 10 other villages in May.
Child marriage was a problem, especially in rural areas. The law
allows a girl deemed to be ``sufficiently mature'' to marry as young as
15 years old. Some families entered into marriage agreements under
which girls from rural areas were sent by the age of 10 or 12 and
sometimes younger to join their husbands' families under the tutelage
of their mothers-in-law. The Ministry of Women's Promotion and Child
Protection cooperated with women's associations to sensitize rural
communities and their traditional chiefs and religious leaders to the
problem of underage marriage.
Child prostitution was a problem. The Penal Code criminalizes the
procurement of a minor for the purpose of prostitution. There was no
precise age of consent; however, the law prohibits ``indecent'' acts
toward minors. It was left to a judge to determine what constituted an
indecent act. Such activity and a corollary statute against ``the
incitement of minors to wrongdoing'' were punishable by 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 50 percent of the female prison
population was charged with the crime.
Many displaced children, mostly boys from rural areas and were
indentured to Islamic schools, begged on the streets of larger cities.
Hundreds of children were displaced in conjunction with the conflict in
the north (see section 1.g.). Displaced children had access to
government services (see section 2.d., IDPs).
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and persons were trafficked to, from, and
within the country. Traffickers could be prosecuted under a law against
slavery and coerced labor; punishments ranged from 10 to 30 years'
imprisonment. Child prostitution is not criminalized specifically;
however, the law prohibits indecent acts toward minors. Such activity
and a corollary statute against ``the incitement of minors to
wrongdoing'' were punishable by three to five years in prison.
A 2005 NGO survey found that 5.8 percent of households interviewed
claimed that at least one member of their family had been a trafficking
victim.
A traditional form of caste-based servitude was still practiced by
the Tuareg, Djerma, and Arab ethnic minorities.
The country was a transit point for persons trafficked between
Nigeria, Benin, Togo, Ghana, Burkina Faso, and Mali; final destinations
also included North African and European countries. The country was a
source of women trafficked to Nigeria, North Africa, Europe, and the
Middle East for domestic servitude and commercial sexual exploitation.
The country was a destination for a small number of persons,
including young boys, trafficked into the country for labor
exploitation. Women and girls were trafficked into and within the
country for domestic service and prostitution. Child prostitution was
especially prevalent along the main east-west highway, particularly
between the cities of Birni n'Konni and Zinder.
There was internal trafficking of boys. Some rural parents sent
their sons to learn the Koran in the cities, where the boys worked for
their teachers (marabouts) as beggars or provided manual labor.
Traffickers also transported boys to Mali and Nigeria for this purpose.
Traffickers transported children internally for work in mines.
Generally, small operators trafficked persons with false promises
of well-paid employment in the country. Victims usually had to perform
poorly paid domestic work or prostitution upon arrival and had to pay
off a ``debt'' to the trafficker. Traffickers had victims sign
agreements before departing their country of origin and took the
victims' travel documents. Traffickers used similar methods to
transport victims from Niger to other countries. Traffickers within the
country forced or falsely enticed some girls into prostitution,
sometimes with their families' complicity.
The government prosecuted traffickers. During the year, law
enforcement authorities arrested several traffickers in connection with
the trafficking of at least 47 children. Of these, officials released
two without charge but charged the others with the abduction of minors.
During the year local authorities assisted UNICEF and a local NGO
partner to identify and rehabilitate child victims of trafficking in
the Agadez and Niamey regions. From May through August, police and
prosecutors rescued 23 children (15 in Agadez and eight in Niamey) but
made no arrests because the children were sent by their families ``to
look for work'' and were at risk of being trafficked. Police handed the
children over to a local NGO for rehabilitation and return to their
families.
On January 15, EPAD, a local NGO, acting in conjunction with local
law enforcement authorities, apprehended two Malian marabouts suspected
of trafficking 22 Malian children to live and work in remote villages
in the vicinity of Ayorou, Tillabery Region. EPAD reported that
migration of adult workers to the new work site of the Kandadji Dam
project had left the area with a labor force shortage, and the
marabouts were hiring out the children to work in rice fields. The two
marabouts were in custody in Tillabery at years' end. EPAD temporarily
hosted the children in its welcome center in Makalondi before returning
them to their families.
On February 16, Nigerien police referred to a local NGO a young
Nigerien woman suspected of being a victim of trafficking. She was 14
years old when a Togolese lured her to travel with him to Togo, where
he obtained false identity documents for her, married her, and had two
children with her. According to the woman's parents, Togolese law
enforcement authorities kept custody of the children, but did not
indict the suspected trafficker. The woman and her parents sought
assistance in taking legal action to claim custody of the two children.
The case was pending at year's end.
On August 4, Nigerien and Nigerian police arrested a Nigerien on
charges of trafficking his 15-year-old nephew in Ogbomosho, Nigeria.
The child had not been found, and the suspected trafficker remained in
custody in Niamey prison at year's end.
The Malian marabout suspected of trafficking 11 children in 2008
remained in prison pending his trial.
There were no further developments in the case of three traffickers
in custody since 2007 on charges of child trafficking in Agadez.
The ministries of justice, interior, and the promotion of women and
protection of children shared responsibility for combating trafficking
in persons. The National Commission for the Coordination of the Fight
Against Trafficking in Persons existed on paper but had no budget.
The government provided some services directly to some trafficking
victims, including basic health care and assistance in returning to
their home villages. The government also supported the efforts of NGOs
and international organizations in providing food, temporary shelter,
and primary health care to victims of trafficking, and sponsored public
outreach sessions on trafficking and child abuse.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical and mental disabilities in
employment, education, and access to health care and other state
services, and the government generally enforced these provisions. The
law mandates that the state provide for such persons, but there were no
specific regulations mandating accessibility to buildings,
transportation, and education for those with special needs. The
government provides limited health care to persons with disabilities.
Societal discrimination existed against persons with disabilities,
particularly mental disabilities and leprosy. The Ministry of
Population and Social Welfare is responsible for protecting the rights
of persons with disabilities.
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 lesbian, gay,
bisexual, or transgender persons' organizations and no reports of
violence against individuals based on their sexual orientation or
gender identity. However, gay persons experienced social
discrimination.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
experienced social discrimination. There were strong government efforts
to discourage such discrimination. The government continued its
antidiscrimination campaign in conjunction with several other
organizations working on HIV/AIDS issues.
For example, on February 26, the first lady, with support from the
government's National Coordination for the Fight against AIDS, local
NGOs, and the Joint UN Program on HIV/AIDS (UNAIDS), launched an
advocacy campaign for the fight against HIV/AIDS. NGOs led public
advocacy sessions and discussions in order to eliminate the stigma
against persons living with HIV/AIDS. Between April 20 and 26, the
Nigerien Social Marketing Association, a local NGO, led a nationwide
campaign on ``demystifying AIDS and combating stigma'' featuring public
testimony by persons living with HIV/AIDS, town hall meetings in
various regions, and radio shows which continued at year's end.
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; however, in
2006 more than 85 percent of the workforce worked in the nonunionized
subsistence agricultural and small trading sectors.
The constitution and the law provide for the right to strike,
except for the police and other security forces, and workers exercised
this right. Requirements for conducting a legal strike are not lengthy
or cumbersome; workers must give employers at least three days' advance
notice. However, on several occasions during the year the government
filed lawsuits before the Tribunal of Niamey, which declared some
strikes proposed by unions to be illegal on the grounds that they
involved political rather than labor issues.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and unions
exercised their right to bargain collectively for wages above the legal
minimum and for more favorable working conditions. Collective
bargaining also existed in the public sector. Antiunion discrimination
and employer interference in union activities occurred occasionally.
There were no further developments in the 2006 case of the dismissal of
106 Liptako Mining Company union members for striking.
There 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; however, it does not specifically prohibit forced or
compulsory labor by children, and such practices occurred. In general,
the government did not adequately enforce the antislavery laws. A
traditional form of caste-based servitude was still practiced by the
Tuareg, 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 traditional social
structure. Estimates regarding the number of persons who work under
such conditions vary widely, and include a 2004 estimate of 8,800 and a
2003 estimate of 43,000. Under this system, persons are forced to work
without pay for their masters throughout their lives, primarily herding
cattle, working on farmland, or working as domestic servants. Children
become the property of their masters and can be passed from one slave
owner to another as gifts or as part of a dowry. Abusers force girls to
start work as domestic servants at a very young age. Girls may be
sexually abused by men in the household or forced to marry at a young
age.
The government publicly banned slavery in 2003, and during the year
slaves continued to be liberated and given certificates to show that
they were free. Individuals had the legal right to change their
situations, and it was illegal for their masters to retain them;
however, in practice, most victims of slavery did not act on their
rights. Fear and physical or social coercion as well as a lack of
viable economic alternatives for freed slaves were factors in
maintaining the slave/master relationship.
On November 24, the Tribunal of N'Guigmi, Diffa, sentenced Moussa
Adam to five years in prison, 10 million CFA (approximately $22,000) in
damages to the victim, a CFA 500,000 ($1,100) fine to the government,
and CFA 500,0000 ($1,100) to the NGO Timidria as compensation for moral
prejudice for the enslavement of Ibrahim Ayitawe. The defendant was
arrested and put in custody in August, following Timidria's complaint
before the tribunal based on reports that Moussa Adam, a Mohamid Arab,
held Ibrahim Ayitawe, a Hausa from Maradi Region, as a slave in his
village of N'Gourti. At year's end, the defendant had neither appealed
the judgment nor paid the fines ordered by the court.
In compliance with the October 2008 Economic Community of West
African States' Court of Justice ruling in the case Timidria and
Hadidjatou Mani Koraou vs. the Government of Niger, on March 13, the
defendant paid 10 million CFA (approximately $22,000) in damages to the
victim.
On July 21, the tribunal of Birni n'Konni convicted and sentenced
Souleymane Naroua to a two-year suspended prison term and ordered him
to pay one million CFA (approximately $2,200) in damages to Hadizatou
Mani and a fine of CFA 500,000 ($1,100) to the government. On July 25,
Naroua complained that the sentence was excessive and filed an appeal
before the Court of Appeals of Niamey. The same day, domestic human
rights NGOs counterappealed before the same court, claiming that the
sentence against Naroua was not sufficiently stringent. No date had
been set for hearings.
In December 2008 the Court of Appeals of Niamey held hearings on
the 2006 slavery case of Timidria and Assibit Wanagoda vs. Tafane and
delivered its verdict on February 9. The court found no grounds for
prosecution and dismissed the case. Plaintiffs said they would file an
appeal before the Supreme Court but had not done so by year's end.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14, except as
authorized by decree; however, child labor was a problem, and the
government did not effectively enforce the law. A 1967 labor decree
also regulates child labor. Children under the age of 12 are prohibited
from working. Twelve- and 13-year-olds may perform nonindustrial light
work for a maximum of two hours per day outside of school hours with a
labor inspector's authorization, as long as such work does not impede
their schooling. Light work is defined as including some domestic work,
fruit picking and sorting, and other light nonindustrial labor. Those
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 ensure minimum
sanitary working conditions for children.
In June 2008 the country's unions and women's associations stated
that 46 percent of school-age children were in difficult conditions,
performing work beyond their physical abilities in mines,
slaughterhouses, and domestic work.
Children worked in the agricultural, commercial, handicraft, and
domestic service sectors. The majority of rural children regularly
worked with their families from an early age helping in the fields,
pounding grain, tending animals, gathering firewood and water, and
doing similar tasks. Some boys were kept out of school to work as
beggars alongside blind relatives. Others were sent to Islamic schools
where their teachers used them for work as beggars and for manual
labor. Child labor also occurred in largely unregulated artisanal gold
mining operations, as well as in trona (a mineral used as a source of
sodium compounds), salt, and gypsum mines. Children working in gold
mines were particularly vulnerable to poor ventilation, collapse
hazards, and insufficient lighting; they also were susceptible to
alcohol and substance abuse. Young boys from neighboring countries were
trafficked into the country to work in mines, on farms, as mechanics,
or as welders.
Child trafficking, prostitution, forced labor, and traditional
caste-based servitude and slavery occurred.
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 had not been 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's International Program for the Elimination of Child
Labor (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 (approximately $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 June 10-12, on the occasion of the World Day Against Child
Labor, ILO/IPEC and the government organized public events and a
conference to raise awareness of the issues the country faces in
combating the worst forms of child labor and child trafficking.
On June 25, foreign diplomats visited three artisanal gold mines in
Tillabery Region and noted that the government and several NGOs had
made noticeable investments in both infrastructure and social programs
to combat the problems of child labor and trafficking.
In October the Ministry of Labor launched the review process for
the draft National Action Plan against Child Labor. The review will be
carried out in all regions, and proposed amendments will be included in
the final document expected to be adopted during the first quarter of
2010.
e. Acceptable Conditions of Work.--The labor code establishes a
minimum wage only for salaried workers in the formal sector with fixed
(contractual) terms of employment. Minimum wages are set for each class
and category within the formal sector; however, minimum wages did not
provide a decent standard of living for workers and their families. As
of 2006 the lowest minimum wage was 28,000 CFA (approximately $62) per
month, with an additional 1,000 CFA ($2) added per month per child. The
Ministry of Labor effectively enforced minimum wages only in the
regulated formal sector.
The formal sector legal workweek was 40 hours with a minimum of one
24-hour rest period; however, the Ministry of Labor authorized longer
workweeks of up to 72 hours for certain occupations such as private
security guards, domestic workers, and drivers. Premium pay must be
paid for overtime, although the rate is not set by law; employees of
each enterprise or government agency negotiate with their employer to
set the rate. These formal sector standards were effectively enforced.
The labor code establishes occupational safety and health
standards. The Ministry of Labor is charged with enforcing these
standards, although due to staff shortages inspectors focused on safety
violations only in the most dangerous industries: mining, building, and
manufacturing. The government effectively enforced the standards within
those three industries, except that gold mining was largely
unregulated. Although generally satisfied with the safety equipment
provided by employers, citing in particular adequate protection from
radiation in the uranium mines, union workers in many cases did not
receive information about the risks posed by their jobs. Workers have
the right to remove themselves from hazardous conditions without fear
of losing their jobs. There are no exceptions from such protections for
migrant or foreign workers.
__________
NIGERIA
Nigeria is a federal republic of 36 states and a capital territory,
with a population of approximately 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; the PDP won 70 percent of seats in the
national legislature and 75 percent of state governorships. The
election was marred by what international and domestic observers
characterized as massive fraud and serious irregularities, including
vote rigging and political violence. Numerous election tribunals, which
continued to hear complaints brought by losing parties at all levels,
nullified several state and local elections during the year. In
December 2008 the Supreme Court rejected the appeals of two major
opposition presidential candidates, upholding the election of President
Yar'Adua. While civilian authorities generally maintained effective
control of the security forces, there were numerous instances in which
elements of the security forces acted outside the law.
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; vigilante killings; abductions by militant groups; torture,
rape, and other cruel, inhuman or degrading treatment of prisoners,
detainees, and criminal suspects; harsh and life-threatening prison and
detention center conditions; arbitrary arrest and prolonged pretrial
detention; denial of fair public trial; executive influence on the
judiciary and judicial corruption; infringement of privacy rights;
restrictions on freedom of speech, press, assembly, religion, and
movement; official corruption and impunity; domestic 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; trafficking in persons for the purpose of prostitution
and forced labor; discrimination against persons with disabilities;
discrimination based on sexual orientation and gender identity; and
child labor.
Militant and criminal groups in the Niger Delta were responsible
for numerous killings, kidnappings, and injuries, as well as the
displacement of thousands of persons; however, lead militant groups
accepted the president's offer of an amnesty by the October 4 deadline,
after which reports of incidents attributed to these militant groups
decreased, although violence remained pervasive in the south.
From July 26 to 29, violent clashes erupted in four northern states
after supporters of Boko Haram (``western education is sin''), an
Islamic extremist group, launched a four-state assault on police
stations and other government facilities. In quelling the uprising,
security forces committed serious human rights abuses, including
executions, extrajudicial killings, and widespread and indiscriminate
arrests.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents were responsible for numerous extrajudicial killings,
including politically motivated killings of leaders of Boko Haram, an
extremist Islamic group.
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. Credible reports also indicated that military
personnel and paramilitary mobile police carried out summary
executions, assaults, and other abuses across the Niger Delta (see
section 1.g.).
From July 26 to 29, violent clashes between police and militant
members of Boko Haram in four northern states resulted in more than 700
deaths; quick burials in mass graves precluded an accurate accounting
of the dead. There were numerous injuries, and the Red Cross estimated
that approximately 4,000 persons were displaced. The conflict began on
July 26, in Bauchi, when approximately 70 members of Boko Haram
attacked a police station with grenades and guns in retaliation for the
mid-June arrest of several of the group's leaders and the injuring of
group members. During the nights of July 27 and 28, the group attacked
police stations and government buildings in Maiduguri, Borno state.
Police and soldiers counterattacked, and the violence quickly spread to
Potiskum in Yobe state and Wudil in Kano state. There were reports of
summary executions, use of excessive force, and widespread arrests of
suspected extremists, many based on little or no evidence. Some sect
members allegedly shaved their beards and changed the style of their
dress to avoid being identified. Corpses of militants were found at
police stations, and there were numerous reports of persons being
pulled from cars and summarily shot. According to Amnesty International
(AI), on July 30, 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, that they
said triggered the violence.
On July 30, after four days of Boko Haram assaults on police and
other local government institutions, the military entered Maiduguri,
capital of Borno state and headquarters of Boko Haram, where soldiers
located and arrested sect leader Muhammad Yusuf. Credible media reports
claimed that police executed Yusuf, whose bruised body was subsequently
seen at state police headquarters with multiple bullet wounds. While
police initially admitted killing Yusuf in custody, they subsequently
claimed he was killed trying to escape. Yusuf's father-in-law, Baba
Mohammed, and Buji Fai, a former state government official suspected of
funding Boko Haram, were also reportedly killed in custody. On August
4, President Yar'Adua pledged to conduct a full investigation of the
Boko Haram uprising, including the circumstances surrounding Yusuf's
death; however, there was no public release of the investigation by
year's end.
On December 29, in the northern state of Bauchi, a clash between
members of the Islamic sect Kala-Kato, town residents, and security
forces resulted in approximately 40 deaths, including children, in
fighting that lasted approximately 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 they
had killed sect leader Mallam Badamasi and recovered ``bomb-making
tools and explosives.'' Civil society groups reportedly were trying to
locate family members of the 23 children orphaned in the clash. In a
December 30 statement, the UN Children's Fund (UNICEF) expressed
concern for the orphaned children, noting that millions of children in
the northern part of the country lived in precarious circumstances,
many away from their families.
On December 9, 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 of this year. According to the report,
national police were responsible for 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
neither investigated nor perpetrators punished. When investigations did
occur, they did not comply with international standards, and officers
suspected of extrajudicial executions were generally sent 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 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.''
National police, army, and other security forces committed
extrajudicial killings and used lethal and excessive force to apprehend
criminals and suspects. According to AI, the government executed
detainees in custody, suspected armed robbers under arrest, persons who
refused to pay bribes, or persons stopped during road checks. While not
confirming the report, Parry Osayande, the retired police deputy
inspector general in Nasarawa state, told reporters that police killed
hundreds of detainees annually, which he blamed on lack of training and
inadequate funding.
On January 25, 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, whose offense reportedly was to have sat on the Ovie's
throne, subsequently died, according to the Network on Police Reform in
Nigeria, a network of 39 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 had been
taken against the perpetrators by year's end.
On April 15, 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.
On December 1, 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 his absence, and
remained at large at year's end.
On October 27, the district coroner absolved police of any
involvement in the August 2008 killing in Lagos of journalist Abayomi
Ogundeji and ruled that armed thieves were responsible. Police also
claimed 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.
During the year authorities charged a police officer with
responsibility in the October 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. On April 24, however, the trial was
adjourned indefinitely to search for the other police officer involved
in the killing.
No action taken against the four police officers from Ede, Osun
state, who in October 2008 beat to death Misitura Ademola following her
arrest for theft; or the police officers in Oshogbo, Osun state, who in
October 2008 beat to death Dauda Najeem while attempting to extract a
confession of theft.
Authorities 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 apprehension, illegal
detention, and sometimes execution of criminal suspects. The reports of
state or federal panels of inquiry investigating suspicious deaths were
not published.
According to the December AI report, police officers from the Ketu
Anti-Robbery Squad arrested persons attending a December 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.
In April, 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, which occurred
in prior years. The investigators had not released a report on their
findings by year's end, despite multiple petitions.
A panel, established by Plateau state to investigate the November
2008 security force killings of approximately 700 civilians in the Jos
North local government area, 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 had not been
released by year's end, and no one had been charged or punished for any
of the killings. A second panel called by the president to investigate
the incident began public hearings the week of December 14.
No investigation was conducted into the February 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.
Police use of excessive force, including live ammunition, to
disperse demonstrators resulted in numerous killings during the year
(see section 1.g.).
There were no developments in the following 2008 police killings of
demonstrators: the January shooting deaths of three youths in Okeagbe,
Ondo state and the January 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 report, commercial drivers were often stopped and asked
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
there was a disagreement about the price or when it was unclear whether
a bribe had been paid.
Bystanders sometimes were shot by mistake. For example, on April 5,
a two-year-old girl was accidentally shot at a checkpoint in Lagos.
On May 15, 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 for the perpetrators to be brought to justice.
The three police officers involved in the shooting were arrested; one
was dismissed from the police and awaited trial at year's end.
On September 3, 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.
On November 7, 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 police
officer, who was drunk, from the scene.
Despite police pledges to fully disclose details of the prosecution
into the October 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 during the year.
Police and military personnel used excessive and sometimes deadly
force to quell civil unrest, property vandalism, and interethnic
violence.
For example, on October 19, in Biu, Borno state, two of 100
motorcycle riders protesting the enforcement of required crash helmets
were killed during a confrontation with police; several riders also
were injured. A mob retaliated by burning Biu government offices.
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.
Ethnic violence, often triggered by disputes between farmers and
herders, resulted in deaths and displacement during the year.
For example, in June Fulani nomadic herders in Plateau state killed
an ethnic Chala farmer, whose relatives retaliated the following day by
killing three herdsmen. Conflicts were exacerbated by drought in the
north, since many Fulani nomads had moved south to maintain their
herds.
On April 27, government authorities expelled an estimated 2,000
Fulani nomads from Wase, Plateau state, after disputes over grazing
their cattle on farm lands; in May another 700 nomads were also
expelled from Borno state. Ahmed Idris, a congressman from Plateau
state, charged that the expulsions of Fulani herdsmen violated the
constitution and were an attempt to conduct ``ethnic cleansing.'' The
land disputes occurred over traditional grazing rights given by local
governments to farmers over the years, leaving no place for the Fulani
to graze their herds.
On December 18, at least 30 persons were killed in fighting between
farmers and cattle herders in central Nasarawa state, when armed
herders raided the farm village of Udeni Gida; a similar clash two
weeks earlier occurred after herders led their cattle into rice fields.
There continued to be reports of street mobs killing suspected
criminals during the year. There were no arrests reported from these
mob actions and no developments in cases from previous years.
b. Disappearance.--There were increased abductions of civilians by
militant and criminal groups in connection with the conflict in the
Niger Delta, particularly in Port Harcourt (see section 1.g.).
There was also a dramatic increase in abductions, some of which may
have been politically motivated, in other parts of the country. In the
first six months of the year, more than 500 persons reportedly had been
abducted, 10 of whom were subsequently killed; 353 were reported as
abducted in 2008.
While kidnappings for ransom were a common occurrence in the south,
none had occurred during the year in the northern part of the country
until April 16, when armed men abducted one of five Canadian citizens
in the country on a Rotary exchange program. The gunmen demanded a
ransom of 20.5 million naira ($136,000); however, the victim was
released two weeks later, with no public confirmation of a ransom
payment.
On March 12, in Benin City, the capital of Edo state, four gunmen
abducted seven-year-old Etiosa Aghobahi, the son of the chairman of
Ovia South West local government area of Edo state. After three days
and payment of ransom, the boy was released unharmed. Edo police
reported that 14 persons were arrested on kidnapping charges; none had
been prosecuted by year's end.
On August 7, armed men abducted two Kogi state council chairmen,
killed three police officers, and critically injured three others; the
incident occurred while the councilmen were in Kabba for their monthly
forum. Eyewitnesses described police vehicles carrying the armed men to
the scene.
On September 21, 10 unidentified men dressed in military camouflage
uniforms abducted Waje Yayok, secretary to the government of Kaduna
state, and released him nine days later. Yayok's family reported that
the kidnappers demanded a ransom of 40 million naira ($265,000). It was
unclear whether the ransom was paid or the kidnapping was politically
motivated.
On October 23, in what was widely believed to be a politically
motivated act, unidentified persons kidnapped the 78-year-old father of
Chukwuma Soludo, the PDP candidate for governor of Anambra State and
former governor of the Central Bank of Nigeria. The victim was released
unhurt after 10 days; there were reports of payment of a significantly
lower ransom than originally demanded.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--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.).
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.
Citing the nongovernmental organization (NGO) Social Justice and
Advocacy Initiative, the December AI report noted that ``intimidation,
torture, and extortion of detainees are entrenched practices in the
Nigerian 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 May the NHRC and the Legal Research Initiative
established a center to create a database on acts of torture by law
enforcement agencies.
In 2007 the UN special rapporteur on torture visited the country at
the government's invitation to assess reports of official abuse. On the
basis of discussions with detainees, visits to prisons and police
stations, and forensic medical evidence collected over a one-week
period, the rapporteur reported that torture was endemic in law
enforcement operations, including police custody, and was often used to
extract alleged confessions. According to his report, methods of
torture included flogging a suspect with whips; beating a suspect with
batons and machetes; shooting a suspect in the foot; threatening a
suspect with death and then shooting him with powder cartridges;
suspending a suspect from the ceiling; and denying a suspect food,
water, and medical treatment.
In 2007 the local NGO Network on Police Reform in Nigeria stated
that it had monitored 400 police stations in 13 states for a year and
found that killings, torture, extortion, and rape had become routine
because authorities shielded police officers from the law.
On August 18, the Economic and Financial Crimes Commission (EFCC)
arrested and detained without charge student leader Abduliahi Ebiloma.
In July Ebiloma had asked to meet with the education minister to
discuss the teachers' strike and the removal of the minister of
education; the education 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. On October 3,
he was released without explanation.
Police and military use of excessive force in quelling the late
July uprising in Boko Haram communities resulted in numerous deaths and
injuries (see section 1.a.).
Police occasionally beat children. For example, on July 3, 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 them, rendering two girls unconscious.
Security forces beat journalists during the year (see section
2.a.).
No investigation was conducted into the July 2008 beating by police
of Baba Mohammad, who subsequently lapsed into a coma; there also were
no developments in the November 2008 beating by navy officers of Uzoma
Okere.
There were credible reports during the year that security forces
committed rape and other forms of sexual violence against women and
girls with impunity. Police officials acknowledged that rape was a
problem. AI reported that women frequently were raped while in
detention but did not report the abuse because of the social stigma
attached to rape and the fact that police officers were the
perpetrators. In July 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 Shari'a penal codes were in place in 12 northern states,
and Shari'a courts delivered ``hadd'' sentences, for example caning,
for minor offenses such as petty theft, public consumption of alcohol,
and prostitution; it was unknown if any of the sentences were carried
out by year's end. States did not carry out any death sentences
(stoning) pronounced in prior years for adultery. There were numerous
Shari'a cases from previous years pending appeal or implementation of
sentence, including pending amputation and stoning sentences in Jigawa,
Bauchi, Niger, Kano, and Zamfara states. To date the only amputation
sentence carried out involved a victim who refused to appeal his
conviction.
Statutory law mandates that state governors either impose a stay or
implement amputation or death sentences. Sentences under Shari'a often
were not carried out because of the lengthy process for appeals.
Because no relevant case had been appealed to the federal level,
federal appellate courts had yet to decide whether such punishments
violate the constitution. 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 had not been challenged in the courts as a violation of statutory
law. In some cases, convicted persons were allowed to pay a fine or go
to jail instead of being caned. Shari'a courts usually carried out
caning immediately, while the Shari'a 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. In 2007 the UN special
rapporteur on torture reported that those awaiting trial suffered more
than those already convicted due to lack of funding for their care, and
that inadequate medical treatment caused many prisoners to die of
treatable illnesses. On October 12, Jerry Manwe, the chairman 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 comptroller 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.
HIV/AIDS, malaria, and tuberculosis were of particular concern. Only
those with money or whose relatives brought food regularly had
sufficient food; prison officials routinely stole money provided for
food for prisoners. Poor inmates often relied on handouts from others
to survive. Many inmates lacked beds or mattresses, forcing them to
sleep on concrete floors, often without blankets. Prison officials,
police, and other security forces often denied inmates food and medical
treatment as punishment or to extort money.
Following a 2007 visit to 10 prisons in the states of Enugu, Kano,
Lagos, and the Federal Capitol Territory (FCT), AI issued a report
citing appalling prison conditions, noting that many prisoners were
considered ``forgotten inmates'' because they had been incarcerated for
years without trial.
In 2007 the UN special rapporteur on torture also reported
appalling conditions in detention centers, noting crowded and
unsanitary cells, exacerbated by insufficient food, clean water, and
medical care. The rapporteur noted, however, that conditions for female
detainees were much better than those for males.
Inmates died from harsh conditions and denial of proper medical
treatment during the year; however, an accurate count was not available
from prison authorities.
The country's prisons held an estimated 42,000 inmates; reliable
data was not available on the number of persons held in the 86
satellite facilities. Prisons held up to 250 percent of their designed
capacity. For example, prisons in Lagos had a capacity of 2,905
prisoners but held more than 4,000. Makurdi prison in Benue state, with
a capacity for 240 prisoners, housed 456, while Ado-Ekiti prison in
Ekiti state, with a capacity for 200 prisoners, held 290 as of
November. The federal prison in Enugu, built to house 400 inmates, held
more than 1,000. There were approximately 630 female and 840 juvenile
inmates in the country's prisons and detention facilities.
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.
Although the law precludes the imprisonment of children, Justice
Minister Aondoakaa acknowledged in 2008 the presence of more than 300
children in the country's prisons, many of whom had been born there.
Despite a government order to identify and release such children and
their mothers, the problem had not been solved by year's end. In
November 2008 the Committee for the Defense of Human Rights, a
coalition of human rights organizations, reported the imprisonment of
97 juveniles with adults in Port Harcourt, Rivers state. Authorities
had taken no action to remove juveniles from these prisons by year's
end.
Prisoners with mental disabilities were incarcerated with the
general prison population, and no mental health care was provided.
Until 2008 the government allowed AI, Prisoners Rehabilitation and
Welfare Action (PRAWA), and other NGOs regular access to prisons. After
an unflattering report in 2007, AI no longer had unrestricted access to
prisoners. During the year the government allowed only PRAWA to conduct
regular prison visits.
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.
Role of the Police and Security Apparatus.--The Nigeria Police
Force (NPF) is under 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-level 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 police 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.
According to AI's December report, only a fragment 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 gasoline and
stationery necessary to conduct an investigation.
Such lack of resources contributed to corruption, which 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 had 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. In its
December report, AI noted that families of victims often could not pay
for a lawyer, afford court fees, or even pay to retrieve a body.
Police use of alcohol while on duty reportedly contributed to
abuses. For example, on November 28, in Effurun, Delta state, a police
officer drinking in a local business opened fire, injuring the owner
and a customer. On November 17, a foreign diplomat visiting police
headquarters in Makurdi, Benue state, was threatened by a drunken
police officer in full view of dozens of police officers, who did not
intervene.
Arrest Procedures and Treatment While in Detention.--Police and
security forces were empowered to arrest without warrant, based on
reasonable suspicion that a person had 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,
suspects were routinely detained without being informed of charges and
denied 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
there was no functioning bail system, so suspects were incarcerated
indefinitely in investigative detention within the prison system.
Detainees often were kept incommunicado for long periods. Numerous
detainees alleged that police demanded bribes before they were taken to
court to have their cases heard. If family members wanted to attend a
trial, police often demanded additional payment.
Persons who happened to be in the vicinity of a crime reportedly
were held for interrogation for periods ranging from a few hours to
several months. After their release, they frequently were asked to
return for further questioning.
Security forces arbitrarily arrested numerous persons during the
year. During the July fighting between security forces and militant
members of the Islamic extremist group Boko Haram, hundreds of persons
in Bauchi, Yobe, Kano, and Borno states were arrested, many based on
little or no evidence of involvement (see section 1.a.). Bystanders
were released within a few days; however, as of September 21, 58
persons were being held without bail.
In August police arrested approximately 4,000 members of Darul
Islam, an Islamic sect, and detained them for questioning before
deporting them to their states of origin (see section 2.c.).
The Eagle Squad, a special security force sponsored by the
commissioner of police in Osun state, continued to arbitrarily arrest
citizens and civil society leaders (see section 4.).
Security forces detained journalists and demonstrators during the
year (see sections 2.a. and 2.b.).
The EFCC reportedly singled out political opponents in its arrests
and detentions of state, local, and federal government officials on
corruption charges during the year (see sections 1.c. and 4).
Most of the 78 members of the Movement for the Actualization of the
Sovereign State of Biafra (MASSOB) who were arrested in June 2008 for
conspiracy to commit a felony were released during the year; however,
members without influence or money to bribe authorities remained in
detention. The members were arrested during a commemoration of the
Nigerian civil war era secessionist state of Biafra and charged with
intent to stage a protest.
Lengthy pretrial detention remained a serious problem, and human
rights groups reported that detainees awaiting trial constituted 65
percent of the prison population, with some awaiting trial more than 10
years. At year's end there were 27,000 pretrial detainees in the
country's prisons, who constituted 65 percent of the prison population.
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 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 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. Since prison budgets did not
allot funds for pretrial detainees, conditions were worse than those
for convicted prisoners.
Amnesty.--In August 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 said 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 executive and legislative branch pressure. Political
leaders influenced the judiciary, particularly at the state and local
levels. Understaffing, underfunding, inefficiency, and corruption
continued to prevent the judiciary from functioning adequately. Judges
frequently failed to appear for trials, often because they were
pursuing other sources of income and sometimes because of threats
against them. In addition, court officials often lacked the proper
equipment, training, and motivation to perform their duties, with lack
of motivation primarily due to inadequate compensation. During the year
Supreme Court judges called for a more independent judiciary.
The Ministry of Justice implemented strict requirements for
education and length of service for judges at the federal and state
level; however, there were no requirements or monitoring bodies for
judges at the local level, which resulted in corruption and
miscarriages of justice in those courts.
The regular court system consists of federal and state trial
courts, state appeals courts, the Federal Court of Appeal, and the
Supreme Court.
Military courts tried military personnel only.
Shari'a and customary (traditional) courts of appeal function in 12
states that use Shari'a for civil or criminal law, including a
customary court in the FCT. Courts of first instance include magistrate
or district courts, customary or traditional courts, Shari'a courts,
and, in some specified cases, the state high courts. The constitution
also provides that the government establish a federal Shari'a Court of
Appeal and Final Court of Appeal, but these courts had not been
established by year's end.
The constitution provides that states may establish courts based on
common law or customary law systems. The law also provides that states
may elect to use the Shari'a penal code in the courts. While Shari'a
courts had been in operation throughout the north for centuries, in
2000 Shari'a courts were empowered to also hear criminal cases and pass
sentences based on the Shari'a penal code, which outlines hadd offenses
and punishments, including caning, death by stoning, and amputation.
The nature of a case usually determined which court had
jurisdiction. The return to the Shari'a courts stemmed at least in part
from inefficiency and corruption in the regular court system.
Defendants have the right to challenge the constitutionality of
Shari'a criminal statutes through the common law appellate courts;
however, no challenges with adequate legal standing reached the common
law appellate system. The highest appellate court for Shari'a remained
the Supreme Court, staffed by common law judges who were not required
to have any formal training in the Shari'a penal code.
Trial Procedures.--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 Shari'a courts, indigent persons without
representation were more likely to have their sentences carried out
immediately upon being sentenced, although all convicted persons have
the right to appeal. The federal government instituted a panel of legal
scholars in 2003 to draft a uniform Shari'a penal code to replace
divergent Shari'a codes adopted by various northern states; however,
the panel did not produce a report, and states continued to apply their
individual codes.
There were no legal provisions in common law barring women or other
groups from testifying in civil or criminal proceedings or giving their
testimony less weight, but the testimony of women and non-Muslims
usually was accorded less weight in Shari'a courts. Some ``qadis''
(Shari'a court judges) allowed separate evidentiary requirements to
prove adultery or fornication for male and female defendants. For women
pregnancy was deemed permissible evidence in some Shari'a courts. By
contrast men could only be convicted by confessing to the crime or if
there was eyewitness testimony. However, Shari'a courts provided women
with some benefits, including increased access to divorce, child
custody, and alimony, because it was significantly easier, faster, and
cheaper to get an audience in a Shari'a court than a common law court.
There was a lack of due process in numerous trials during the year.
For example, on April 28, 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. In
August 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.
There were no developments in the trial of MASSOB leader Ralph
Uwazurike and 10 others accused of treason in 2005; all of the accused
remained free on bail.
On July 11, the trial of Hamza Al Mustapha and his four
codefendants resumed; subsequent defense procedural filings resulted in
another court adjournment. The five defendants, who were arrested in
2001 on treason charges for alleged assassination attempts on former
president Obasanjo and other prominent prodemocracy activists, remained
in prison at year's end. Al Mustapha, an army intelligence officer on
the staff of late military leader Abacha, still had not been allowed to
retrieve personal papers and evidence that he claimed would exonerate
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 and the legislature 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 extremely 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 government typically
claimed that demolished homes or offices 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 who had their homes
destroyed had no recourse to appeal and received no compensation.
According to the Swiss-based Center on Housing Rights and Evictions,
authorities have 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.
In July 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 home owners able to provide genuine title documents
would be compensated and denied the claims of many homeowners, alleging
fraud.
The government also destroyed the homes of suspected opponents. For
example, in January 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.
On April 27, authorities expelled 2,000 Fulani nomads from the Wase
Local Government Council in Plateau state after disputes over grazing
their cattle on farm lands; in May another 700 nomads were expelled
from Borno state (see section 6.).
After the July uprising by Boko Haram, the government of Niger
state forcibly relocated 1,200 members of the Darul Islam sect (see
section 2.c.).
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The Niger Delta region is home to one of Africa's largest oil
industries, which exported nearly 2 million barrels of crude per day.
Particularly since 2006, militant groups have used violence, including
kidnapping oil company workers, to demand greater control of the
region's resources. Abductions 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.
Criminal gangs, called ``cults'' in some areas, have copied the
methods of more sophisticated militants to amass wealth and power,
including kidnapping. In a new trend, kidnappings targeted citizens of
modest means--including businessmen, doctors, teachers, and priests--as
well as expatriates. Gangs extended their reach beyond the core Niger
Delta states, where they originated as politically sponsored thugs to
intimidate opponents and aid election rigging. Kidnappings, perpetrated
primarily for ransom, occurred all across the country, including in the
north. Power struggles between gangs resulted in hundreds of deaths in
the previous two years, including of civilian bystanders, and resulted
in extensive property damage.
On June 25, the government announced a general and unconditional
amnesty for militants in the Niger Delta, and all major militant groups
had accepted the offer by the October 4 deadline. Early reports
indicated the amnesty program resulted in a significant decline in
militant violence; however, some observers were skeptical that the
militants had surrendered all of their weapons.
Killings.--The JTF was responsible for numerous killings during the
year, but no investigations were conducted.
For example, on February 22, the JTF reportedly killed 10 persons
during an attack on a Rivers State community.
On August 26, 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.
On October 12, in the Bundu waterfront neighborhood of Port
Harcourt, JTF troops used firearms to disperse a crowd demonstrating
against a planned demolition; three persons were killed, and 11 were
injured. According to eyewitness accounts, two armored vehicles drove
into the crowd, and several soldiers fired directly into the crowd.
Security forces arrested 23 demonstrators, who were charged with
conspiracy, breaching the peace, and destruction of public property;
all 23 remained in prison without charge at year's end.
There were no developments 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; 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.
Militants were responsible for numerous killings. For example, on
July 1, a gang of unidentified gunmen ambushed a convoy of police and
expatriate workers in the city of Aba, Abia state, and killed five
police officers as the convoy was escorting workers to their offices at
a bottling company. No arrests were made.
On June 1, militants attacked two police officers who were
escorting a Scottish oil services worker from Port Harcourt; one of the
officers died from his injuries. No arrests were made.
Abductions.--Hostage takings increased during the year. According
to the minister of police affairs, there were more reported kidnapping
cases in the first seven months of the year than in all of 2008. In the
past kidnappers targeted foreign nationals, but an increasing number of
citizens, including women and children, were being abducted. Police
reported that most kidnappings involved the complicity of persons close
to the victim's family, including relatives.
In some areas tensions remained high between oil-producing
communities and oil company employees and contractors.
Some kidnappings were perpetrated by militant groups trying to
force the government to develop local economies, increase local control
of oil revenues, or release prisoners; others were conducted for
ransom. 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 mothers) of prominent state politicians
for ransom or to force payment for services, such as protection details
and voter intimidation during elections.
On January 5, unknown persons abducted Chief Nelson Effiong, the
house speaker of Akwa Ibom state; he was released unharmed with no
official report of ransom paid.
Also on January 5, gunmen hijacked a foreign oil supply vessel and
took nine crew members hostage, demanding a ransom of $25 million. Four
days later, all crew members were released safely, with no public
report of ransom being paid.
In separate incidents on February 3, 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 ransom being paid.
On June 5, 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 ransom.
Government authorities responded to kidnappings in the Niger Delta
by deploying the JTF, which used excessive force and engaged militants
and criminals in gun battles. Such battles resulted in deaths and
injuries, widespread civilian displacement, destruction of communities
and property, and decreased security during the year.
Physical Abuse, Punishment, and Torture.--On January 21, following
the razing of 10 villages in Abala, Abia state, the Abia state
vigilante forces, local security forces hired by 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.
On June 24, during another JTF attack in the same area of Abia
state, JTF forces 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, 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 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 as a result of the attacks. Critics charged that the
attacks reduced security in the area because 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.
Government authorities attempted to impede public criticism. For
example, on August 18, SSS officers arrested The Guardian newspaper
journalist John Nnia Nwodo after a speech in which he urged army
officers to ``not keep quiet if they see political changes need to be
made.'' No charges were filed, and Nwodo was released after being flown
the next day from his home to Abuja for ``a routine chat.''
A large and vibrant private domestic press frequently criticized
the government. Only one national, government-owned daily newspaper was
published. State and local governments controlled the majority of print
and electronic media, and several state governments owned daily or
weekly newspapers. These state-owned publications tended to be poorly
produced, had limited circulation, and required large state subsidies.
There were 15 privately owned major daily newspapers, six weekly
newsmagazines, and several sensationalist evening newspapers and
tabloid publications.
During the year journalists were killed. For example, on September
20, unknown assailants in Lagos shot and killed Bayo Ohu, a journalist
with The Guardian, when he opened his front door. The assailants took
only his laptop and cell phone, generating speculation that his killing
was linked to his work as a journalist. No arrests had been made in the
case by year's end.
There were no developments in the following 2008 killings of
journalists: the August killing by unknown assailants of Paul Abayomi
Ogundeji and the October killing by six unknown assailants of Eiphraim
Audu.
Security forces beat journalists. For example, on June 23, in
Asaba, Delta state, 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
(see section 1.f.). On June 29, the international NGO Committee to
Protect Journalists urged the inspector general of police to
investigate the incident. 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.
Journalists were also attacked by unknown assailants. For example,
on January 15, unidentified gunmen broke into the apartment of The
Scroll editor Janet Mba; the assailants fled when police, whom Mba had
called before the assailants entered the apartment, arrived. Reporters
Without Borders described the incident as the latest in a long series
of violence, threats, and intimidation against the country's
journalists.
There were no developments in the following 2008 attacks on
journalists: the August beating by security operatives of 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
September beating by police officers in Lagos of three journalists for
attempting to cover an opposition political rally.
Security forces detained journalists and seized newspapers during
the year. For example, on March 24, police in Bayelsa State arrested
and detained Akin Orimolade, the Abuja bureau chief of the weekly
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.
On March 25, 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.
On July 22, 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.
On November 18, SSS agents raided the offices of the newspaper
Leadership and seized several computers. In November 2008 SSS agents
arrested and detained Leadership publisher Sam Nda Isaiah and
questioned him for two days about a story reporting that the president
was critically ill.
There were no developments in the following 2008 cases of arbitrary
arrest: the August arrest without charge of online editor Jonathan
Elendu after he published several reports speculating about the
president's health; the October arrest of Murtala Muhammad for
speculating on the president's health in his online magazine Web site;
the November 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.
On May 11, 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; NBC claimed the interview was ``capable of inciting
people to violence on the eve of an April 24 local election.'' On May
12, the Ondo state high court ordered NBC to allow the station to
resume broadcasting, charging that it had not followed due process.
On September 16, 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 said he was taken to the chief
security officer, who took off his shoe and beat the reporter, followed
by more beatings by subordinates. Oluokun, who was hospitalized and
later discharged, 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 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 during the
year. For example, on May 11, the NBC suspended for two weeks the
broadcast license of radio station Adaba 88.5 FM, based in Akure,
because it not paid an April fine for political reporting that
constituted ``incitement to violence.''
Hamisu Lamido, a filmmaker who was arbitrarily arrested in March
2008 for releasing a film before submitting it to the state censorship
board, was released on bail after three months. The attorney general
ordered a retrial due to the court's improper handling of the case.
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
with possible fines.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. However, several Internet news sites critical of
the government experienced server problems, which site owners
attributed to government interference. Such disruptions usually lasted
a few hours.
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 7 percent of
the country's inhabitants used the Internet.
Academic Freedom and Cultural Events.--State governments continued
to restrict academic freedom by controlling curriculum at all levels,
including mandating religious instruction. Student groups alleged that
numerous strikes, inadequate facilities, and the rise of gangs on
campuses, particularly in the south, continued to hamper educational
progress. During the year academic and nonacademic unions, along with
student groups, went on strike for four months before resuming class.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police prohibited any rally they deemed could result in
violence, which effectively precluded antigovernment rallies. 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 due to fears 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.
The prohibition of all political, cultural, and religious meetings in
Plateau state also continued on a case-by-case basis. In January the
director general of the Kano Hisbah Board cancelled a planned protest
by divorced women, citing concerns over security; he also characterized
the idea of street protests as ``un-Islamic'' and ``morally wrong.''
Security forces used excessive force to disperse demonstrators
during the year, resulting in numerous deaths and injuries (see section
1.a.).
On March 23, police forcibly dispersed students from the University
of Ibadan after they barricaded the entrances to the school to protest
the lack of electrical power and water in dormitories; some students
received minor injuries as a result.
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 51 parties
registered with the Independent National Electoral Commission (INEC) at
year's end.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected religious freedom in
practice, although local political actors stoked sectarian violence
with impunity.
The constitution prohibits state and local governments from giving
preferential treatment to a religious or ethnic community; however,
states, whether predominantly Christian or Muslim, generally favored
the faith practiced by the majority of their residents. Many Christians
alleged that the 2000 reintroduction and enforcement of criminal
aspects of the Shari'a legal system and the continued use of state
resources in 12 northern states to fund construction of mosques, the
teaching of qadis (Shari'a court judges), and subsidies for pilgrimages
to Mecca amounted to the effective adoption of Islam as a state
religion. Moreover, the NGO Civil Liberties Organization contended that
establishment of a Ministry of Religious Affairs and creation of a
preacher's council in Zamfara state amounted to adopting Islam as a
state religion. However, several states, including northern ones,
apportioned funds to finance Christian pilgrimages to Jerusalem, the
Sinai, and Rome and to construct churches.
The constitution provides that states may establish courts based on
the common law or customary court law systems. Individual northern
states had elected to create Shari'a courts alongside common law and
customary courts. Many other states, including the central states of
Benue and Plateau, had Shari'a appellate courts. In 2000 12 northern
states (Sokoto, Kebbi, Niger, Kano, Katsina, Kaduna, Jigawa, Yobe,
Bauchi, Borno, Zamfara, and Gombe) reintroduced criminal law aspects of
the Shari'a legal system. Before 2000 the courts used the Shari'a
system to adjudicate civil matters only. Adherence to Shari'a criminal
law remained compulsory for Muslims in some states and optional in
others. While the constitution does not permit non-Muslims to consent
to Shari'a jurisdiction, in practice non-Muslims possess the option of
doing so when the penalty under Shari'a is less severe than under civil
law (for example, a fine rather than a prison sentence).
Although several northern states continued to ban public
proselytizing to forestall ethnoreligious violence, some Christian
proselytizing groups nonetheless remained active. The prohibitions
generally were enforced on a case-by-case basis. The constitution does
not require students to receive religious instruction in secular public
schools. However, state governments occasionally passed laws seeking to
incorporate religious studies into the curriculum. NGOs such as the
Civil Liberties Organization claimed that the 12 northern states had
made Islamic religious education compulsory in previously secular
schools. Authorities of several states claimed that schools did not
require students to attend classes of religious groups other than their
own and that students could request teachers of their own religious
beliefs to provide alternative instruction. Nonetheless, there often
were no teachers capable of teaching Christianity in northern schools
or of teaching Islam in southern schools.
On August 15, 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 found, the government forcibly
relocated sect members, including children, in an effort to disperse
the group 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 charged that the government
violated the constitutional and human rights of thousands of innocent
persons.
Following the Boko Haram violence in Maiduguri, the state
government suspended some religious services and instructed selected
clerics on how to preach without inciting violence. In September the
Borno assembly passed a law providing for a censorship board to
regulate the preaching licenses for imams.
On January 24, in Port Harcourt, gunmen abducted a Catholic priest
from the steps of his church. News media reported he was released under
orders of an unnamed militant leader and was returned without ransom
payment.
Although the government generally did not restrict distribution of
religious publications, it sporadically enforced a prohibition against
broadcasting religious notices on state-owned radio and television
stations. Private radio stations regularly broadcast religious
programming.
Although the expanded jurisdiction of Shari'a did not apply to non-
Muslims in civil and criminal proceedings, certain social mores
inspired by Shari'a, such as separation of the sexes in public schools,
health-care facilities, and public transport services, affected non-
Muslim minorities in the north.
Four states with expanded Shari'a laws (Zamfara, Niger, Kaduna, and
Kano) authorized enforcement by private groups known as the Hisbah,
funded by state governments. In some cases, these groups had authority
to make arrests, but they primarily served as traffic wardens and
regulated commercial market activity.
Although most Shari'a states did not criminalize alcohol
consumption by non-Muslims, Kano state maintained laws providing for
steep fines and prison sentences for the distribution and public
consumption of alcohol. Despite the prohibition, alcohol remained
available in Kano at some hotels and restaurants and in Sabon Gari,
where a majority of non-Muslims lived. During the year the governor and
state Hisbah restricted importation of alcohol into Sabon Gari by
establishing checkpoints and impounding vehicles carrying alcohol.
Hisbah leaders in Kano cited prohibitions of alcohol and
prostitution as their primary focus. In April the director general of
the Kano Hisbah Board threatened to enter Sabon Gari to confiscate
alcohol and crack down on prostitution if the hoteliers did not comply
with an agreement to clean up ``beer spots and brothels.'' At year's
end hotels in Kano continued to serve alcohol.
In January the Kano Hisbah Board reportedly ordered the Association
of Divorcees, Widows, and Orphans to refrain from staging a rally in
Kano, calling the rally ``un-Islamic''; rally organizers had intended
to publicize legislation that would improve the lives of female
divorcees. Hisbah leaders claimed they prohibited the rally to prevent
conflict following November 2008 violence in Jos, but they agreed to
grant the association permission to host radio programs instead.
Societal Abuses and Discrimination.--Violence between Christians
and Muslims increased. Political and socioeconomic conflicts often
divided persons along religious lines and were expressed in the
targeting of religious symbols and spaces. Acute sectarian violence in
the Middle Belt heightened tensions between religious groups, even in
parts of the country that did not experience the violence.
Ethnoreligious violence resulted in numerous deaths and the
displacement of thousands of persons throughout the country.
Religious differences often mirrored regional, tribal-ethnic, and
occupational differences. For example, in many areas of the Middle
Belt, Muslim Fulani tended to be pastoralists, while the Muslim Hausa
and 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.
The law prohibits religious discrimination in employment and other
practices. Private businesses, however, frequently discriminated on the
basis of religion or ethnicity in hiring practices and purchasing
patterns. In nearly all states, ethnic rivalries between ``indigenes''
and ``settlers'' resulted in societal discrimination against more
recently arrived minority ethnic and religious groups.
A few instances of societal abuse and discrimination occurred
against members of Jehovah's Witnesses, who refused for religious
reasons to join local age-grade associations or women's associations.
No action was taken against police, whose use of lethal force to
quell November 2008 ethnoreligious violence in Jos resulted in numerous
civilian deaths.
There were no reports of anti-Semitic acts during the year. An
estimated 30,000 members of the Jewish community resided in the country
and worshipped in 26 synagogues.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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; however, police occasionally restricted freedom of
movement by enforcing curfews in areas experiencing ethnoreligious
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, its federal commissioner, and the National
Emergency Management Agency. 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
February 21 to March 7 in Bauchi, after churches and a mosque were
burned and more than 1,000 persons were displaced, and on December 2,
in Oyo state, when rival youth gangs started to fire weapons injuring
approximately 50 youths. In late July the government imposed curfews in
the northern towns of Bauchi, Maiduguri, Potiskum, and Wudil as a
result of fighting between security forces and Boko Haram militants
(see section 1.a.)
The FCDA continued to demolish homes, businesses, and churches in
the FCT illegally, which left numerous persons homeless. During the
year authorities in Port Harcourt forcibly displaced residents on the
Bundu waterfront in an area slated for redevelopment, an action that
left thousands of residents homeless.
Since 2001 the government repatriated 2,557 Liberian refugees
during the UNHCR's voluntary return program that ended in April.
Internally Displaced Persons.--There were an estimated 80,000
internally displaced persons in the country.
After the July uprising by Boko Haram, the government of Niger
state forcibly relocated 1,200 members of the Darul Islam sect (see
section 2.c.).
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.
In November 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 moved
from Nigeria to Cameroon in response to the International Court of
Justice's 2007 Greentree agreement to settle the disputed land border
between the two nations. Rivers state emergency services were trying to
provide permanent housing and services for displaced citizens at year's
end.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol; it
is a member of the 1969 African Union Convention Governing the Specific
Aspects of the Refugee Problem in Africa. Its 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 National Commission for Refugees, the country had
approximately 10,000 refugees, most of whom were from Sudan, Chad,
Cameroon, and the Democratic Republic of Congo.
Refugee status for refugees displaced by the civil war in Sierra
Leone terminated on January 1, 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.
The government also assisted in the repatriation of numerous
Liberians and the resettlement in third countries of 232 Liberians.
Another 349 Liberian refugees were registered for local integration in
the country and resided in refugee camps administered by the UNHCR.
As a result of repatriation and local integration, overcrowding in
refugee camps decreased during the year. 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
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,
presidential, national assembly, gubernatorial, and state-level
elections were marred by poor organization, widespread fraud, and
numerous incidents of violence. Although INEC claimed 60 percent voter
turnout nationwide, most independent observers estimated it at less
than 20 percent. All major independent observer groups, international
and domestic, issued statements questioning the fairness of the
elections and cited problems throughout the country, including ballot
stuffing, intentional miscounting at both polling stations and ballot
compilation stages, underage voting, multiple voting, intimidation,
violence, and at least 300 deaths, including some politically motivated
killings. Although all parties participated in the misconduct,
observers cited violations by the ruling PDP significantly more often
than those by other parties.
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 INEC and state electoral
committees as key deficiencies in the 2007 electoral process. The
report recommended a system of proportional representation for both
legislative and local elections as well as the reinstatement of
independent candidacies. The report also called for the creation of
three new commissions that would relieve INEC of many responsibilities
to allow it to focus solely on conducting elections. The national
assembly had not taken action on the recommendations by year's end.
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. By the end of 2008, tribunals had nullified nine
senatorial and 11 gubernatorial elections, and courts continued to hear
and adjudicate cases during the year. Most of the nullifications were
based on technicalities such as ballots lacking the party logo or not
having the party name listed, rather than for criminal activity or
fraud related to the elections.
Political violence occurred at federal, state, and local levels, as
well as within political parties. The South Africa-based Institute for
Democracy claimed that as many as 280 persons were killed in the
country between February and March 2007. The government made little
effort to investigate or bring charges in any of these cases of
political violence.
Authorities did not investigate the January 2008 clash between
members of the PDP and Action Congress in Ibadan, Oyo State, which
injured 10 persons.
Violence marred local elections during the year. In Ekiti state, in
the August 14 senatorial rerun election, youth gangs attacked election
observers and burned cars. During the September 19 Ondo state by-
election, youth gangs attacked a candidate, allegedly in the presence
of police and INEC. Intimidated voters in both elections stayed away
from the polls, and turnout was low.
During the December 5 by-election to fill a House seat in Ondo
state, politicians and citizens caught three sitting PDP legislators in
the act of stealing and stuffing ballot boxes. The legislators were
taken into police custody, INEC rejected more than 4,000 illegitimate
votes, and the opposition Labor Party candidate won.
During the year INEC registered three new political parties,
bringing the total number of parties to 57. Establishing a political
party was relatively easy if fees were paid. Parties generally formed
around individuals rather than on ideological grounds. In 2008 there
were allegations that new parties were established by the PDP to
confuse voters with large numbers of candidates.
PDP membership conferred advantages, primarily in employment.
Police arbitrarily arrested opposition leaders. For example, in Oyo
state, police arrested an Action Congress candidate who challenged the
2007 election results and imprisoned him for confronting the ruling PDP
local government chairman. The candidate was released, but police
continued to harass him.
Opposition party members accused the president and the PDP of
``tyranny'' and ``plotting to turn Nigeria into a one-party state.'' On
June 24, the Bauchi state house of assembly served Deputy Governor
Muhammad Gaba Gadi with an impeachment notice for alleged financial
wrongdoing. The impeachment notice followed Gadi's refusal to defect
from the All Nigeria Peoples Party and join Bauchi governor Isa
Yugudain in his move to the PDP in April. According to press reports,
two-thirds of the house of assembly had signed the impeachment notice
even before an impeachment offense had been named. Legislators
reportedly were offered 10 million naira ($67,000) each for their
signatures.
According to January 27 media reports, the Federal High Court in
Abuja ruled in favor of the diaspora leaders' lawsuit to allow citizens
living abroad to vote; however, no expatriate voters had been
registered by year's end, and no polling booths had been prepared in
the country's high commission offices in Commonwealth countries.
Men continued to account for more than 90 percent of the country's
appointed and elected officials, which included more than 500
ministerial and national assembly positions. There were only six female
ministers out of 42, nine female senators out of 109, and 30 female
representatives out of 360. Although there were no female governors,
five of 36 states had female deputy governors.
To promote national unity and loyalty, the law mandates that the
composition of the federal, state, and local governments and their
agencies, as well as the conduct of their affairs, reflect the diverse
character of the country. The Yar'Adua administration was an example of
this diversity. President Yar'Adua is a Fulani from the northern city
of Katsina, the vice president is an Ijaw from the southern state of
Bayelsa, and the senate president is an Idoma from the central state of
Benue. The government also attempted to balance other key positions
among the different regions and ethnic groups. The political parties
also engaged in ``zoning,'' a practice of rotating positions within the
party among the different regions and ethnic groups to ensure that each
region was given adequate representation. Despite this effort, with
more than 250 ethnic groups, it was difficult to ensure representation
of every group in the government.
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.
The EFCC's anticorruption efforts were largely ineffectual. 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 that were in favor continued
their activities with impunity. The EFCC claimed that approximately 10
former state governors were facing corruption charges; however, none of
the cases had moved forward by year's end. In December the judge
dismissed the 170 counts of illegal activity against former Delta state
governor James Ibori, although the judge ordered a retrial. Ibori
remained free on bail at year's end.
The EFCC's inability to bring a number of corruption investigations
to closure; the 2008 replacement of its internationally respected
chairman; and the 2008 transfer of many of its senior personnel raised
questions about the government's commitment to fighting corruption.
During the year the EFCC was accused of using its authority to harass
citizens who objected to government policies (see section 1.c.).
In June the newly appointed Central Bank governor fired the
managing directors of eight banks with large portfolios of
nonperforming loans. Seven of the accused executives were free on bail,
and their cases were pending at year's end. The eighth managing
director escaped arrest by leaving the country. By year's end the EFCC
claimed that it had recovered 300 billion naira (approximately $2
billion) in loans issued without sufficient collateral.
In October the courts convicted the 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.
On December 9, 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 Bafarawa denied. Observers charged that
the arrest was an attempt to harass opponents of the ruling party.
The corruption trial of former Ekiti state governor Fayose had not
been heard by year's end, despite a December 2008 court ruling against
Fayose's request for a delay. Fayose subsequently requested an exit
visa to travel outside the country for alleged ``urgent medical
attention.'' The visa had not been granted by 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 (approximately $130
million); former Adamawa state governor Boni Haruna for
misappropriating 93 million naira (approximately $618,000); former
chairman of the NPA Board of Directors and five other NPA members for
illegally awarding contracts worth 84 billion naira (approximately $558
million); and former Edo state governor Lucky Igbinedion, against whom
the EFCC was appealing a December 2008 verdict due to the light
sentence he received for the alleged embezzlement of more than 3.6
billion naira (approximately $24 million).
There were no developments in any of the 2007 pending corruption
cases against former government officials.
There are no laws that provide for access to government
information; in practice the government provided limited 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
were sometimes cooperative and responsive to their views.
Numerous domestic and international NGOs were active. Significant
domestic NGOs included the Civil Society Legislative Advocacy Center
Nigeria, the Alliance for Credible Elections, the Center for Law
Enforcement Education, the Committee for the Defense of Human Rights,
the Kudirat Initiative for Democracy, Project Alert, the Women
Trafficking and Child Labor Eradication Foundation (WOTCLEF), and the
Women's Consortium of Nigeria. NGOs were generally independent of the
government although some, such as WOTCLEF, which the previous vice
president's wife chaired, had close government ties.
The government frequently met with NGOs and civil society
organizations, but few tangible results came from such meetings.
International NGOs, including AI, Global Rights, and Human Rights
Watch, as well as the UN special rapporteur on torture, actively
addressed human rights issues in the country during the year.
The NHRC, which the government tasked with monitoring and
protecting human rights, maintained zonal affiliates in the country's
six political regions. Since its inception the NHRC's operations were
limited by insufficient funding. The commission also lacked an
independent budget or 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. In March the government removed the effective
and outspoken NHRC executive secretary two years into her five-year
term, replacing her with a former justice ministry official. This
followed the replacement of her also outspoken predecessor after one
year of his five-year term. The president is empowered by law to remove
the executive secretary if the public is not being well served,
although critics noted that the former executive secretaries were
strong human rights advocates. In June the new NHRC leadership visited
the UN Human Rights Council in Geneva to submit the country's four-year
(2009-13) action plan to promote and protect human rights. While
ambitious in scope, the plan did not identify resources, timelines, or
strategies to achieve results.
During the year the government arbitrarily arrested NGO members.
For example, on May 12, 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 July 2008 for protesting an election
tribunal decision.
Police detained and harassed civil society activists from the Osun
state Coalition Against Rights Violations in Oshogbo throughout the
year. The courts repeatedly adjourned their cases, leaving the accused
in legal limbo for extended periods
On December 9, 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.
Women.--The law criminalizes rape and provides penalties of 10
years' to life imprisonment as well as fines of 200,000 naira
(approximately $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 October the government implemented its Niger Delta amnesty
program to rehabilitate former militants. In November a group was
relocated adjacent to the University of Port Harcourt, where shortly
thereafter 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.
The constitution provides for equality and freedom from
discrimination; however, there are no laws that 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 on November 23, 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 2003 Nigeria Demographic and Health Survey (NDHS),
64.5 percent of women and 61.3 percent of men agreed that a husband was
justified in hitting or beating his wife for at least one of six
specified reasons, including burning food and not cooking on time.
Project Alert on Violence Against Women, a local NGO, 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
skills acquisition. The Women's Rights Advancement and Protection
Alternative also served as a leading voice in the campaign on violence
against women and continuously advocated passage of legislation to
protect women's rights.
Prostitution remained pervasive, particularly in urban areas.
Statutes at both the federal and state levels criminalize prostitution.
All states that adopted Shari'a had criminalized prostitution but
enforced such prohibitions with varying success. The police frequently
used the antiprostitution statutes as tools for harassment, arresting
prostitutes and holding them until they paid bribes but rarely
prosecuting the cases in court. Corporate prostitution (hiring of women
as corporate employees to perform sexual acts to attract or retain
clients) remained a problem, particularly in the banking sector.
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. Although this
practice restricted women's movement during daylight hours, many women
pursued economic and social activities outside the home in the evening.
Couples and individuals had the right to decide freely and
responsibly the number, spacing, and timing of children; however, safe
and effective information and counseling on reproductive health were
not widely available to women and couples. According to the 2009 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 were adolescents, many of whom were sexually active, but few
of whom had access to contraceptives. Maternal mortality, partially due
to births to adolescents and women at high risk of complications from
pregnancy, was high. Women married young and averaged 5.7 children; 36
percent of mothers did not receive any prenatal care, and only 38
percent of new mothers received postnatal check-ups 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 east, was the most common rite of deprivation to which widows were
subjected. Confined widows were under social restrictions for as long
as one year and usually were expected to shave their heads and dress in
black as part of a culturally mandated mourning period. In other areas
a widow was considered a part of her husband's property to be
``inherited'' by his family.
Polygyny is legal and continued to be practiced widely among many
ethnic and religious groups.
Women in the 12 northern states were affected to varying degrees by
Shari'a. In Zamfara state, local governments enforced laws requiring
the separation of Muslim men and women in transportation and health
care. Kano state's 2005 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. 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 directed 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.
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.
The 2008 NDHS reported that 30 percent of females 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 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 female who
offers herself for FGM; any person who coerces, entices, or induces any
female to undergo FGM; or any person who, for other than for medical
reasons, performs an operation removing part of a woman or girl's
sexual organs. The law provides for a fine of 50,000 naira
(approximately $332), 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. Because of the considerable impediments
that anti-FGM groups faced at the federal level, most refocused their
energies on combating the practice at the state and local levels.
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 were often left
to rely on charity.
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.
During the year reports of missing children in Kano more than
doubled. In July approximately 50 parents placed radio announcements
about missing children; 20 announcements were placed in July 2008. The
reason for the increase in missing children was unclear.
Children accused of witchcraft were kidnapped, tortured, and
killed, particularly in Akwa Ibom state. According to local NGOs
Stepping Stones Nigeria and Child's Rights and Rehabilitation Network
(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
November 2008 authorities arrested Williams and charged him with
torture and murder; he was arraigned in May, and the case continued at
year's end. The government did not acknowledge the wider problem of
accusing children of witchcraft.
On July 3, police in Eket, Awka Ibom state, raided a 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, who were later released
after the governor's office intervened; two girls, aged 11 and 12, were
left unconscious.
In December UNICEF reported that 10 percent of the country's
children--or 7.3 million children--were orphans, based on a survey
released by the Ministry of Women's Affairs and Social Development;
according to 2007 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.
Many children were homeless and lived on the streets. There were no
known statistics on their numbers. Major factors that caused children
to turn to the streets included instability in the home, poverty,
hunger, abuse and violence by parents, and displacement caused by
clashes in the community.
In the north between two and 10 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 (approximately
$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.
Trafficking in Persons.--The law prohibits trafficking in persons
for all purposes; however, persons were trafficked to, from, through,
and within the country. The extent of the problem was unknown.
The country was a source, transit, and destination country for
trafficked persons during the year. No government or NGO estimates on
the extent of trafficking were available, but the magnitude of the
problem was believed to be significant. This was based on several
factors, including the number of deportees returned to the country and
reports of Nigerians stranded along trafficking routes, particularly in
North African countries. The largest segment of trafficking victims
rescued by the National Agency for Prohibition of Trafficking in
Persons (NAPTIP) came from Edo state.
Criminals smuggled citizens to Europe, the Middle East, and other
countries in Africa for forced labor, domestic servitude, and sexual
exploitation. Traffickers moved girls and women for forced prostitution
and domestic labor to Italy, Austria, Spain, Norway, Belgium, the
Netherlands, Greece, the United Kingdom, Russia, and countries in West
and Central Africa. The UN Office on Drugs and Crime (UNODC) estimated
that 72 percent of female trafficking victims for prostitution in Italy
came from the country. Traffickers moved children for involuntary
domestic and agricultural labor and street peddling within the country
and to countries in West and Central Africa. Both women and children
were trafficked to Saudi Arabia for the purposes of prostitution,
sexual exploitation, and labor. There also were reports that trafficked
children were used as camel jockeys in the Middle East. The country was
a destination country for children trafficked for forced labor from
other West African countries, primarily Benin. UNICEF estimated 5,000
Beninese children were trafficked into Abeokuta, Ogun state, and forced
to work in the granite quarries.
Women and children were most at risk of being trafficked, and 70
percent of all trafficking victims in the country were female. Boys
were trafficked primarily to work as forced bondage laborers, street
peddlers, and beggars, while girls were trafficked for domestic
service, street peddling, and commercial sexual exploitation.
Trafficking in children, and to a lesser extent in women, occurred
within the country's borders. Traffickers moved children from rural
areas to cities to work as domestics, street peddlers, and beggars.
The UNODC reported that individual criminals and organized criminal
groups conducted trafficking, often involving relatives or
acquaintances of victims. Traffickers employed various methods. Many
organized themselves into specialties, such as passport and other
document forgery, recruitment, and transportation. To recruit young
women, traffickers often made false promises of legitimate work outside
the country. Traffickers also deceived child victims and their parents
with promises of education, training, and pay. Once away from their
families, children underwent harsh treatment and intimidation.
Traffickers subjected victims to debt bondage, particularly those
forced into prostitution. In some cases traffickers employed
practitioners of traditional magic to threaten victims with curses to
procure their silence. Victims were transported by air, land, and sea.
Established land routes to Europe transited Benin, Togo, Ghana, Cote
d'Ivoire, Guinea, Mali, Niger, Libya, and Morocco.
Child trafficking occurred most frequently in the southeast states
of Abia, Ebonyi, and Enugu, specifically the selling of babies through
illegal and unregistered hospitals and maternity homes. Many young
girls, upon discovering they were pregnant, decided to enter these
hospitals to obtain money from selling their babies. NAPTIP officials
reported that the girls received 20,000 to 30,000 naira (approximately
$133 to $200) for selling a baby; the baby was then resold for 300,000
to 400,000 naira ($2,000 to $2,650) in illegal and undocumented
transactions. Reportedly babies were sometimes sold to legitimate
couples who wanted a child, but many babies also were sold for use in
rituals during which they were killed.
The law prohibits human trafficking and provides for penalties
including monetary fines, imprisonment, deportation, forfeiture of
assets and passport, and liability for compensation to victims in civil
proceedings. Prison terms range from 12 months to life, while fines
range from 50,000 to 200,000 naira (approximately $332 to $1,330).
NAPTIP, a 555-employee agency with 175 investigators and 32
prosecutors nationwide, has primary responsibility for combating
trafficking. The NPF and the Nigerian Immigration Service also had
antitrafficking units.
During the year the government took steps to implement the National
Plan of Action passed in August 2008. The action plan is a broad
framework of antitrafficking programs that cover research, prevention,
prosecution, and protection and requires coordination between
government, law enforcement agencies, the legislature, and NGOs.
By year's end the government had obtained 25 trafficking
convictions. Preliminary data indicated that during the year NAPTIP
investigated 149 new cases and prosecuted 37 new cases, with 88 cases
pending. Observers attributed the low conviction rate to witnesses'
reluctance to testify and to the slow progress of cases through the
courts.
The NPF Antitrafficking Task Force staffed 22 units in states with
the worst trafficking problems. Officials complained of insufficient
funding to support investigative field work.
The government increased collaboration on investigations with law
enforcement agencies in the Netherlands, France, Spain, Italy, and
Benin. By year's end NAPTIP had signed mutual cooperation agreements
with eight nations. Officials attended international workshops on
trafficking, and the government collaborated with Benin to arrest
traffickers and repatriate trafficking victims. The Ogun State
government signed a memorandum of understanding with Benin to stop the
trafficking of Beninese children in the rock quarries of southwest
Nigeria.
Reports continued from informants and foreign officials that law
enforcement officers and other individuals in the immigration and
airport authorities collaborated in trafficking persons across the
country's borders. NAPTIP provided training to police and customs
officials on trafficking. The law provides penalties for officials who
aid or abet trafficking.
The government provided protection and rehabilitation for
trafficking victims, although funding was insufficient. NAPTIP served
as the point of contact for immigration and police officials who
discovered victims. During the year 928 victims passed through the
agency. NAPTIP operated shelter facilities at secure locations in
Lagos, Abuja, Benin City, Uyo, Enugu, Sokoto, Maiduguri, and Kano. The
Ministry of Women Affairs operated two shelters, one in Kano and
another in Benin City. NAPTIP officials connected victims to
nongovernmental or international organizations for shelter, counseling,
and reintegration assistance. NAPTIP also maintained hotlines for
victims and anyone seeking or wanting to provide information on
trafficking. During the year the government helped victims to
repatriate to their home countries and reunited trafficked children
with their families.
The Labor Ministry, in collaboration with the International Labor
Organization (ILO), NAPTIP, police, and other federal agencies,
provided food, transportation, and other logistical assistance to
reunite internally and externally trafficked children with their
families.
The government provided some funding for protection activities. For
victims serving as witnesses, divisional police officers were appointed
to serve as witness protection officers. NAPTIP officials and police
officers worked together to provide assistance. NAPTIP organized ``town
hall'' meetings with NGOs to bring together community and traditional
leaders, teachers, school children, and other groups to raise awareness
of the dangers of trafficking, legal protections, and available
resources. Several state governments in the south continued efforts to
protect victims. An Edo state NGO, Idia Renaissance, operated a youth
resource center, funded by UNICEF and foreign organizations, that
provided job-skills training and counseling to trafficking victims and
other youth. The Society for the Empowerment of Young Persons, with
support from a foreign donor organization, provided vocational training
and business mentoring support to trafficking victims in Edo State.
The stakeholder forum, established by NAPTIP to provide
antitrafficking training to security and immigration officials and to
raise awareness of trafficking issues among local government leaders,
met quarterly in Abuja. Law enforcement officials, government
representatives, NGO groups, and diplomatic missions attended the
quarterly meetings. NAPTIP also worked with the media to raise
awareness among the public, and NAPTIP officials appeared on national
talk shows and state programs.
State-level antitrafficking committees, consisting of immigration
officials, civil society organizations, law enforcement agents, and
federal ministries, operated in 26 states, but not all were active.
These groups coordinated actions in trafficking cases between their
respective organizations.
During the year the government conducted public information
campaigns, such as the first annual race against trafficking in Edo
state in which more than 5,000 students took part. Additional public
campaigns were being planned in other areas of the country.
On September 23, Dutch police, in conjunction with United Kingdom
legal and law enforcement officials, conducted a training seminar for
NAPTIP and police on the use of e-mail, voice and video recordings, and
digital photographs as evidence in prosecuting trafficking cases;
current law does not accept such digital media as evidence in court
cases.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--There are no laws that prohibit
discrimination against persons with physical or mental disabilities in
employment, education, access to health care, or the provision of other
state services. There are no laws requiring physical accessibility for
persons with disabilities.
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, 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.
The constitution requires that the government have a ``national
character,'' meaning that cabinet and other high-level positions are
distributed to persons representing each of the 36 states. Traditional
relationships 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 area, 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 destroying 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.
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 scholarships and government
representation.
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
delta area (see section 1.g.).
Religious differences often mirrored regional and ethnic
differences and resulted in numerous deaths and the displacement of
thousands of persons during the year.
Unlike in previous years, there was no interethnic fighting in
Warri, Delta state; however, numerous ethnic clashes occurred in other
parts of the Niger Delta, including the states of Akwa Ibom, Bayelsa,
and Cross River. On February 27, for example, six persons died as a
result of ethnic fighting in Yenagoa, Bayelsa state, and on March 13,
20 persons died in an intercommunal clash in Cross River state.
Interethnic fighting elsewhere resulted in numerous deaths and
injuries. Clashes between the Ezra and Ezillo communities in Ishielu,
Ebonyi state, continued and resulted in more than 100 deaths since May
2008.
On September 3, 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; the violence was triggered by a
dispute over a proposed name change for the community. 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 Shari'a 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. 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.
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
September 2008 with sodomy and subsequently charged with vagrancy, had
been postponed multiple times. Five defendants were able to pay bail,
set at 20,000 naira ($133), and were released; the remaining 13
defendants remained in jail.
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 September 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, 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. Some of these restrictions were
implemented to curb the practice of forming thousands of small unions
with as few as three or four employees each.
Workers, except members of the armed forces and employees
designated as essential by the government, may join trade unions.
Essential workers included government employees in the police, customs,
immigration, prisons, the federal mint, and the Central Bank.
According to figures provided by the Michael Imoudu National
Institute for Labor Studies, eight million persons--or 60 percent of
formal sector workers--belonged to unions. Most workers in the informal
sector belonged to thrift and cooperative societies, which helped with
daily savings and loans to meet business needs.
Trade union federations, called ``central labor organizations,''
must be registered formally by the government. Each federation must
consist of 12 or more trade unions, and trade union membership in a
federation must be exclusive. A minimum of 50 workers per enterprise is
required to form a trade union.
The law allows unions to conduct their activities without
interference; however, the law also narrowly defines what union
activity is legal.
The law limits the right to strike to matters pertaining to breach
of contract or wages and conditions of work, thereby prohibiting
strikes over matters of national economic policy; however, the ILO
ruled that this policy was contrary to ILO conventions. The government
chose not to enforce this provision of the law during the four-month
public university strikes over public education policy, the national
minimum wage, university research and development funding, academic
autonomy, and increased representation on university education boards.
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 are no laws prohibiting retribution against strikers and
strike leaders, but strikers who believed they were victims of unfair
retribution could submit their cases to the Industrial Arbitration
Panel, with the approval of the Labor Ministry. The panel's decisions
were binding on parties but could be appealed to the National
Industrial Court. In practice the decisions of these bodies
infrequently carried the force of law. Union representatives described
the arbitration process as cumbersome, time-consuming, and an
ineffective deterrent to retribution against strikers.
On June 19, Ekiti state Governor Olusegun Oni ordered the closure
of state-owned television and radio stations following a workers'
strike and ordered the removal from the stations of three union leaders
who led the protest. Despite the intervention of the Nigerian Labor
Congress and the Ekiti chapter of the Nigeria Union of Journalists, the
stations remained closed as a result of the governor's order.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to both organize and bargain collectively
between management and trade unions. 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, but in most cases workers'
fears of negative repercussions inhibited their reporting antiunion
activities.
In October 2008 the National Union of Petroleum and Natural Gas
Workers picketed the headquarters of Shell Oil in Nigeria for firing 21
contract workers with 15 to 25 years of service after they attempted to
unionize.
Solidarity Center Nigeria reported that ``yellow dog'' contracts,
which explicitly require that employees not join a union as a condition
of employment, were used despite being technically illegal.
During the year Chinese employers reportedly failed to comply with
labor laws pertaining to the protection of union organizing, especially
in the construction and textile sectors.
Workers and employers in export processing zones (EPZs) were
subject to sections of the national labor laws pertaining to EPZs,
which provided for a 10-year prohibition on trade unions, strikes, or
lockouts following the commencement of operations within a zone. In
addition, the law allows the Nigerian Export Processing Zones
Authority, which was created by the federal government to oversee
management and operations of EPZs, to handle the resolution of disputes
between employers and employees, instead of workers' organizations or
unions.
c. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits forced or compulsory labor, including by children, it was
widespread, particularly bonded labor and domestic servitude.
Enforcement of the law was not effective in many parts of the country.
The government did not take steps to identify or eliminate forced
labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law, which sets a general minimum age for employment of 12 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 NAPTIP estimated there were more than 15
million children involved in child labor.
Young persons under age 14 may only be employed on a daily basis,
must receive the day's wages at the end of each work day, and must be
able to return each night to their parents' or guardian's residence,
but 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.
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 at the age of 13 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; children in
ethnic, religious, political conflicts, and violence; and children
engaged 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.
In addition to citizen children, there were reports of thousands of
trafficked Beninese children forced to work in granite mines in
Abeokuta, Ogun state. In Abakaliki, Ebonyi state, children could be
seen hammering down large pieces of rocks, bundling them into bunches,
and carrying them on their heads, but there were no official statistics
on their country of origin.
In an effort to withdraw children from the worst forms of child
labor, the Ministry of Labor established and upgraded skills
acquisition and vocational training centers in Kaduna, Ibadan, Enugu,
and Lagos; four other centers were being developed. Thousands 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 2008 to June
2009, the Labor Ministry conducted more than 29,882 inspections with
408 officers. Although the inspectorate employed nearly 400 inspectors
for all business sectors, there were fewer than 50 factory inspectors
for the entire country. Complaints were rarely made by victims or their
guardians due to intimidation and fear of losing their jobs. Labor
inspections were mostly random but occasionally occurred when there 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. 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 10 training and
awareness raising programs and additional child labor staff were funded
by the government during the year.
During the year four states (Akwa Ibom, Benue, Osun, and Edo)
passed the Child Rights Act, bringing the total to 21 cooperating
states plus the FCT; the federal government passed the Child Rights Act
in 2003, but it required state-level ratification for full
implementation. UNICEF continued to advocate passage and enforcement in
all other states.
Private and government initiatives to eliminate child labor
continued but remained 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 on hazardous child
labor and child trafficking for labor exploitation issues. 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 8,630 naira (approximately $57) with one month's extra pay for
Christmas. The national minimum wage did not provide a decent standard
of living for a worker and family. A tripartite committee infrequently
reviewed the minimum wage and provided recommendations to the national
assembly, which is responsible for passing minimum wage legislation;
however, the committee had not conducted such a review in more than 10
years. The government directed each state administration to establish
its own salary structure based on its ability to pay, with a floor of
at least the national minimum wage. Some federal ministries, states,
and private sector companies raised their monthly minimum wage for all
employees to 9,000 naira ($60). However, workers in some states
complained that the minimum wage had not been implemented.
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.
There has been no review of the national minimum wage for 10 years.
On January 12, unions in the public education, aviation, medical and
health, radio and television, federal and civil service, and petroleum
sectors either threatened to go on strike or went on strike to press
for a new minimum wage review.
From June to October, the Academic Staff of Universities Union
(ASUU) and the Nonacademic Staff Union conducted a nationwide strike
that lasted four months, during which universities remained closed. The
union called for a standardized national wage structure, living wages,
increased institutional resources, and government implementation of
other commitments negotiated in 2004 with the ASUU. In June the
National Union of Teachers went on strike to protest the failure of
state and federal governments to honor wage commitments also negotiated
in 2004. The government, through the Ministries of Labor and Education,
refused to negotiate with the union, since teachers' wages were set at
the state level. Teachers returned to work after the Labor Ministry
agreed to some, but not all, of their demands.
The law 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; however, the Labor Ministry did not
properly monitor and enforce health and safety conditions due to
insufficient police and factory inspectors. The law also establishes
general health and safety provisions, some of which were aimed
specifically at young or female workers, and requires that the
inspectorate division of the Ministry of Labor inspect factories for
compliance with health and safety standards. However, this agency was
greatly underfunded, lacked basic resources and training, and
consequently did not sufficiently enforce safety oversight at most
enterprises, particularly construction sites and other nonfactory work
locations. The law requires employers to compensate injured workers and
dependent survivors of those killed in industrial accidents; however,
the law was not strictly enforced. The Factories Law provides for the
protection of factory employees in hazardous situations, including the
right of employees to remove themselves from such situations; however,
the law did not provide similar provisions for other workers.
The labor laws apply to legal foreign workers, but not all
companies respected these laws in practice.
__________
RWANDA
Rwanda, with a population of 10 million, is a constitutional
republic dominated by a strong presidency. In 2003 voters elected
President Paul Kagame to a seven-year term in largely peaceful but
seriously marred elections. Chamber of Deputies elections took place in
September 2008 and were peaceful and orderly, despite irregularities.
The Rwanda Patriotic Front (RPF) dominated the government and
legislature. Civilian authorities generally maintained effective
control of the security forces.
Citizens' right to change their government was effectively
restricted. Violence against genocide survivors and witnesses by
unknown assailants resulted in deaths. 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. The
government forcibly returned refugees. Official corruption and
restrictions on civil society remained a problem. Societal violence and
discrimination against women, trafficking in persons, and
discrimination against Twa and the lesbian, gay, bisexual, and
transgender (LGBT) community occurred. There were restrictions on labor
rights, and child labor occurred.
In January the governments of the Democratic Republic of Congo
(DRC) and Rwanda accelerated efforts to achieve a rapprochement, which
they had initiated in late 2008. In January and February the two
governments carried out a joint operation called Umoja Wetu (Swahili
for ``Our Unity'') in the eastern DRC against the Hutu rebel group
known as 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).
According to a December report by the international nongovernmental
organization (NGO) Human Rights Watch (HRW), the joint DRC-Rwandan
operation resulted in civilian deaths.
RESPECT FOR HUMAN 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 that the government or its agents committed arbitrary or
unlawful killings. Unlike in the previous year, there were no reports
of unlawful killings by local defense members. The government generally
investigated security force killings and prosecuted perpetrators;
however, authorities took no action against police officers responsible
for the 2007 shooting deaths of 22 criminal suspects.
There were no developments in the case of the July 2008 killing of
a university student by a local defense member 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.
Unidentified individuals killed witnesses to the 1994 genocide
throughout the country to prevent testimony and undermine the gacaca
process, which the government established to address certain categories
of crimes related to the genocide (see section 1.e.).
The government investigated and prosecuted individuals accused of
threatening, harming, or killing genocide survivors and witnesses or of
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. A special protection bureau in the Office
of the National Public Prosecution Authority (formerly the Office of
the Prosecutor General) investigated 473 cases, 181 of which were filed
in court (see section 1.e.).
In December HRW released the report You Will Be Punished, which
describes 201 killings of civilians attributed to government forces
during the DRC-Rwanda joint operation of January and February. The
report also described 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 that 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 HRW report, in late February 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, soldiers killed
approximately 40 residents of Byarenga, North Kivu. There were smaller
numbers of civilians killed in other incidents during January and
February.
The government denied the RDF had participated in any killing of
civilians. Neither Congolese nor Rwandan authorities had taken any
steps to investigate or prosecute any soldiers allegedly involved in
such incidents by year's end.
At least one mob killing occurred during the year. In September
residents of Kayonza district killed a suspected thief. While the main
suspect fled after the killing, the trial of several accomplices 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, 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; however,
authorities took no action against police officers responsible for the
2007 shooting deaths of 22 criminal suspects.
A local NGO that assists torture and abuse victims reported that it
received no new cases during the year and that incidents and severity
of abuse by authorities continued to decline.
There were reports that police beat members of the Jehovah's
Witnesses who refused to participate in nighttime security patrols, and
authorities arrested some members (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
their alleged ties to the FDLR. All reported being returned to the DRC
after being held for a period of 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 any 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 harsh. Individuals convicted of genocide-related
offenses since gacaca hearings began nationwide in 2006 made up the
majority of the prison population. 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 July 2008 call for
its closure due to substandard conditions (see section 1.d.).
In July 2008 the government discontinued food contributions from
family members of prisoners and instituted a prepaid canteen system
that families could access. At year's end human rights groups
monitoring the government's ability to provide adequate nutrition to
prisoners--especially those previously receiving family farm
contributions--reported a slight increase in malnutrition among
prisoners. Pregnant and breastfeeding prisoners, as well as female
prisoners with small children, continued to receive food supplements
from family members. 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. Some prisoners transferred from police
jails to national prisons had not been fed for several days. Police in
previous years told crime victims that if the victims did not provide
food to the accused, authorities would release the accused.
On August 11, prisoners in the Kimironko and Cyangugu prisons
rioted over lack of food and visitation rights, resulting in several
injuries.
The International Committee of the Red Cross (ICRC) provided
additional expertise and medical, logistical, and material support to
improve conditions for inmates, including hygiene supplies, education
programs for minors, health monitoring, and construction programs to
improve prison infrastructure.
All of the country's 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.
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 Prisons
Service reported that prisoner deaths declined during the year as a
result of a Global Fund program that facilitated the placement of
medical personnel in all 14 prisons, treatment for diseases including
HIV/AIDS, and improvement in hygiene and sanitary conditions.
On September 26, 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.
By the end of October, the prison population was approximately
64,000 in a system designed for 43,400. The population consisted of
approximately 59,100 men, 4,200 women, and 700 minors. Additionally, as
of August there were 679 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 extra privileges.
In some cases juvenile prisoners had access to the adult wards.
There were reports of abuse of minors, both by other minors and by the
adult prison population, especially among the male inmate population.
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.
The remaining high-profile political prisoner, former transport
minister Ntakirutinka, remained in a special section of the Kigali
``1930'' prison.
The ICRC reported unimpeded access on an unannounced basis to all
prisons during the year. Local human rights NGO League for Human Rights
in the Great Lakes Region (LDGL) reported similar ease of access to all
prisons; at year's end another local human rights NGO was awaiting a
renewed permit to visit prisons. The government also permitted
independent monitoring of prison conditions by diplomats and
journalists. The ICRC continued its visits to communal jails and
military-supervised jails.
During the year the government completed construction of a new
block of prison cells in compliance with international standards for
treatment of prisoners convicted by international criminal tribunals.
In November 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 that it had enrolled all
prisoners in the national health insurance plan, although medical
treatment remained inadequate.
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 Rwandan Defense
Forces (RDF) under the Ministry of Defense maintain external security.
The Rwanda National Police (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 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 police Office of Inspectorate
Service, which reports directly to the RNP commissioner general,
handled approximately 400 cases of police misconduct during the year.
During the year the RNP fired 74 police officers for alleged
corruption, abuse of power, or misconduct; 391 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 in the local radio and press and
provided complaint/compliment boxes in many communities to encourage
citizens to report problems regarding police and the local defense
members.
During the year 330 officers received training on community
relations, which included proper use of force and human rights; female
officers participated in several RNP-sponsored workshops on
professionalism and service provision.
Members of local communities chose community volunteers to serve in
the 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 the 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 10
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 that public
safety is threatened or that the accused might flee. There is bail for
minor crimes (with a maximum sentence of five years); authorities may
otherwise release a suspect pending trial if they are satisfied that
there is no risk that the person may flee or become a threat to public
safety and order. 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 450 attorneys in the country, of which 292 were trainees, most in
Kigali) impeded 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 Bar Association, and university law faculties,
provided legal aid services to indigent and vulnerable groups. Such
resources were insufficient to provide lawyers to every indigent
person. The Bar Association provided 314 lawyers to clients during the
year. One international NGO also provided limited access to defense
counsel and provided 596 lawyers for 724 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 government authorities arrested Laurent Nkunda, leader
of a Congolese armed group, while he was in the country. At year's end
Rwandan and Congolese officials were negotiating the extradition of
Nkunda, who remained under house arrest.
On several occasions police and the local defense detained street
children, vendors, beggars, and undocumented nonresidents in Kigali and
other 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.
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 that 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. The government made significant progress in
reducing the gacaca case backlog. 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 had
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 in gacaca cases. Unlike in
previous years, there were no reports that members of the executive
branch called judges to discuss ongoing cases privately and to express
executive preferences.
In its July 2008 report entitled Law and Reality: Progress in
Judicial Reform in Rwanda, HRW cited continuing lack of judicial
independence and concerns about basic trial rights, including the
presumption of innocence, the right to present defense witnesses, the
right to equal access to justice, and the right to protection from
double jeopardy.
In May 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
International Criminal Tribunal for Rwanda (ICTR) panels 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 October 2008 the Military Court in Kigali acquitted two senior
RPF officers of the June 1994 killings of 15 civilians, including high
officials of the Catholic Church; the case had been referred by the
prosecutor for the ICTR. Two junior RPF officers who pled guilty to the
crimes were given reduced sentences of eight years on grounds that the
crimes were not premeditated. The prosecutor appealed the decision to a
higher court, which confirmed the lower court ruling.
The constitution provides for a system of ordinary and specialized
courts. Ordinary courts include the Supreme Court, the High Court,
provincial courts, and district courts. Specialized courts include
gacaca courts, commercial courts, and military courts.
By year's end there were 19,247 criminal and 26,364 civil cases
pending in the regular courts; approximately 47,000 such cases were
pending at the end of 2008.
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 used against them, and to present witnesses and evidence on
their own behalf. Defendants have the right to consult with an
attorney, although few defendants could afford counsel. The law
provides for the right to appeal, and this provision was generally
respected. Lawyers without Borders and the Bar Association continued to
provide legal assistance to some indigent defendants but lacked the
resources to provide defense counsel to all those in need. The law does
not provide for an attorney at state expense for indigent defendants.
Defendants and their attorneys have access to government-held evidence
relevant to their cases. The government continued to swear in new court
officers and assign them to courts across the country, but the
government did not have a sufficient number of prosecutors, judges, or
courtrooms to hold trials within a reasonable period of time.
The RDF routinely tried military offenders in military courts,
which handed down sentences of fines, imprisonment, or both. Military
courts provided defendants with 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 that military courts should try civilian accomplices of
soldiers accused of crimes. As of October military courts had tried 67
civilians as co-perpetrators or accomplices of military personnel
during the year.
Gacaca courts served as the government's primary judicial process
for adjudicating hundreds of thousands of genocide cases. (The
government estimated that adjudicating the caseload in ordinary courts
would have taken decades.) Gacaca defendants are presumed innocent
until proven guilty, and gacaca courts normally decide a case the day
of the trial. There is no bail in the gacaca system, and 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. Defendants can appeal gacaca proceedings
at sector-level courts. Lawyers are not permitted to participate
officially in gacaca, 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
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 June 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
1.1 million cases. As of December, 2,261 gacaca cases remained.
In August there were 123,365 gacaca judges or ``persons of
integrity'' elected by the community and trained in gacaca law, serving
in 13,708 cell, sector, and appellate gacaca benches, or groups of
judges, across the country.
Unlike in previous years, no lawyers fled 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 or trained judges and ill-defined
guidelines on evidence and hearsay were problems. During the year there
were reports that local gacaca officials and citizens abused the
process to pursue personal matters and settle grudges unrelated to the
genocide, including making false accusations to acquire land.
There were reports that government officials 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 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 serious problems.
Some citizens were too frightened to testify in gacaca courts. The
government reported that unknown attackers killed six genocide
survivors and witnesses during the year, whereas the survivors'
organization Ibuka reported 24 killings of survivors from January
through December. Ordinary courts also handled the cases of hundreds of
persons accused of participating in the killing, injuring, or
threatening of witnesses, survivors, and judges.
During the year police processed approximately 473 cases involving
such violence against survivors and witnesses, 181 of which were filed
in court. Nearly all cases involved gacaca proceedings. The government
asserted that the genocide ideology law was necessary to prevent a
reincitement to 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 that organized groups
targeted and killed genocide witnesses. However, the government
continued to conduct criminal investigations of individuals, which
resulted in the prosecution of some persons.
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. During the
year it increased joint patrols in rural areas by survivors and
security personnel; used preventive detention of genocide suspects to
prevent attacks deemed imminent by security officials; expanded
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 that some suspects confessed to avoid lengthy prison
terms. Unlike in the previous year, 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 a group of more than 300 genocide
suspects fled to Burundi claiming persecution in Rwanda (see section
2.d.). Government officials claimed that most persons fled due to
pending gacaca cases, not persecution.
The ICTR, based in Tanzania, continued to prosecute genocide
suspects during the year (see section 5).
Political Prisoners and Detainees.--Local human rights NGOs
reported that local officials briefly detained some individuals who
disagreed publicly with government decisions or policies.
Former transport minister 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.
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, and subsequently
reinstated, a media outlet. 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 harassment or intimidation.
In August the government passed a new media law called the Law on
Media. Provisions in the new law grant the Media High Council the power
to suspend newspapers, increase the amount of capital required to start
new media outlets, impose criminal penalties on journalists who incite
discrimination or show contempt to 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. The New Times, an English-language
paper with close ties to the government and whose shareholders
reportedly included senior government officials, was the only daily
newspaper. There were 67 newspapers, journals, and other publications
registered with the government, although fewer than 20 published
regularly. Sporadically published independent newspapers--including
Focus, Umuseso, and Umuvugizi--maintained positions contrary to or
critical of the government. The New Times also sometimes criticized
government policies and officials. Journalists from the BBC's
Kinyarwanda-language service reported being denied access to cover
certain government events and difficulty reaching officials between
January and June. As of June BBC Kinyarwanda journalists reported
receiving invitations to government events and interviews with
government officials.
Unlike in the previous year, the government did not expel members
of the press from the country for articles deemed in violation of the
divisionism statute, the press law, or other articles of the criminal
code; however, journalists were expelled from public events. Police
also detained journalists.
During a February 14 lecture given by High Court President Johnston
Busingye to police cadets, police expelled two journalists from the New
Times who had been invited to cover the event. Police subsequently
forced the journalists to delete their photographs when they were
unable to produce their letters of permission from the Ministry of
Internal Security to attend the event. The lecture included discussion
of human rights in policing.
In August a gacaca court in Butare sentenced Amani Ntakandi, a
journalist for the biweekly Rushyashya, to three months in prison for
taking photos of an August 5 gacaca trial. Ntakundi, who had a permit
to take notes issued by the national agency for Gacaca courts, claimed
he was unaware that he needed separate permission to take photos.
Authorities released him in November.
The law imposes criminal sanctions on the media for libel and other
forms of defamation. In December authorities arrested, then released,
Umuseso editor Didas Gasana on charges of defamation and insult after
he published a story alleging an affair between the minister of cabinet
affairs and the mayor of Kigali.
In August the government charged Umuvugizi editor and journalist
Jean Bosco Gasasira, one of three journalists expelled from a
government event in May 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. In reaction to a media
question during a July 27 press conference, the minister of
information, Louise Mushikiwabo, announced that the ``days of
destructive media are numbered.'' Gasasira, who was attacked by unknown
assailants in 2007 after Umuvugizi published articles that criticized
the government, claimed that he had been followed during the August
trial by men whom he believed were state security agents.
In August the Media High Council recommended that the government
suspend the weekly Umuseso for three months following a July article
that called President Kagame a dictator and compared him to former
president Habyarimana; however, no action had been taken against the
newspaper by year's end. According to the Committee to Protect
Journalists, Minister of Information Mushikiwabo explained that she
could not understand how anyone would make such a comparison, saying,
``one man started the genocide, while the other ended it.'' Police and
immigration officials seized the shipment of a subsequent edition of
Umuseso at the country's border with Uganda (where it was printed), but
released it several hours later. Umuseso continued to publish.
In May 2008 government officials expelled three local journalists--
Charles Kabonero of Umuseso, Jean Bosco Gasasira of Umuvugizi, 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 and Kabonero remained outside the country. The
government later began allowing Rushyasha's reporters to cover
government events.
The case against Umuco editor Bizumuremyi remained pending;
Bizumuremyi fled the country in March 2008 after his newspaper ran
side-by-side photographs of President Kagame with Adolf Hitler and an
article equating the two. The government had not suspended Umuco, but
the newspaper had not published since October 2008. In 2007 the
government began prosecuting Bizumuremyi for defamation, divisionism,
and disobeying public authorities.
The appeal of the one-year suspended sentence of local journalists
Charles Kabonero and Didas Gasana of Umuseso, who were convicted in
February 2008 of libel for critical articles written about a prominent
businessman, remained pending at year's end.
Critics 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, which affected newspapers'
revenues.
The law authorizes private radio and TV broadcasting, subject to
the approval of the government, although some 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. In addition to
government-owned and operated Radio Rwanda, there were six community
radio stations, five religious stations, one university station, and
six independent FM radio stations broadcasting during the year; they
offered mostly music and talk shows. Foreign media groups, including
Voice of America, BBC, and Deutsche Welle, broadcast throughout the
year and were among the few stations in the country that regularly
broadcast independent news.
Radio stations broadcast criticism of government policies during
the year, including through the use of popular citizen call-in shows.
In April the Ministry of Information suspended the BBC's
Kinyarwanda radio service after it broadcast quotes excerpted from an
episode of The Roots of the Origin, a weekly radio program focused on
conflict in the Great Lakes region; the quotes were considered
inflammatory given the 1994 genocide. The government charged that the
quotes were ``likely to obstruct national unity and reconciliation
efforts.'' Following direct discussions between the government and the
BBC, the government revoked the suspension. However, in June Minister
of Information Mushikiwabo asked the BBC to reaffirm its commitment to
balanced and accurate editorial content. According to the New Times
daily, the minister ``warned that if the station did not change the way
it dealt with the 1994 genocide, broadcasts in Kinyarwanda would be
``definitively and unconditionally'' suspended.
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.
Internet Freedom.--There were no government restrictions on access
to the Internet. There were reports that the government monitored e-
mail, but not Internet chat rooms. Individuals and groups could engage
in the peaceful expression of views via the Internet, including by e-
mail. Internet cafes were common and used regularly in the largest
towns, although the Internet was generally unavailable 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, on September
30, police arrested university lecturer Dieudonne Nyamulinda, from
Eastern Province, on charges of insulting the president and denying the
genocide; Nyamulinda remained in prison awaiting trial at year's end.
Unlike in the previous year, there were no reports that authorities
suspended secondary and 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.
During the year the PS-Imberakuri party attempted to hold four
assemblies to register as a political party, but police dispersed two
of the assemblies due to procedural errors; the party was unable to
secure a notary for the other two. PS-Imberakuri held a successful
assembly in June and became an official political party in July.
In April the mayor of Nyarugenge District cancelled the Republican
Democratic Alliance/Legacy of Agathe Uwilingiyimana party (ADRUIUA),
mistakenly believing they needed authorization by local officials.
ADRUIUA attempted to hold another assembly, but did not have enough
attendees and had not registered as a political party by year's end.
Authorities cancelled three assemblies of the Democratic Green
Party of Rwanda (DGPR or Green Party), including two for procedural
errors and one to 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 type 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.--The constitution provides for freedom of
religion, and other laws and policies contributed to the generally free
practice of religion; however, there were some exceptions. Local
government officials continued to arrest, detain, and beat members of
Jehovah's Witnesses for refusing to participate in security patrols.
Unlike in the previous year, no Jehovah's Witnesses teachers were fired
for refusing to participate in government-sponsored solidarity camps.
The law requires that all nonprofit organizations, including
churches and religious organizations, register with the Ministry of
Local Government and the Ministry of Justice to acquire the status of
``legal entity.'' During the year the government was drafting a new law
on religious organizations and did not accept new applications.
The government allowed religious groups to hold services only at
established places of worship and banned the use of private homes for
this purpose. Unlike in the previous year, there were no reports that
police arrested persons who held night prayers in their homes.
In May and June soldiers beat members of Jehovah's Witnesses for
refusal to participate in armed night patrols. During the year police
arrested and detained members of Jehovah's Witnesses for an average of
six days as a result of their failure to participate in nighttime
security patrols. Such arrests occurred despite a 2005 government
ruling that the National Public Prosecution Authority had wrongly
applied a law requiring some form of community work to religious
groups.
In August the High Court of Musanze summoned a 16-year-old
Jehovah's Witness and charged him with disturbing national peace; the
youth had been expelled from another school in February 2008 for
refusing to sing the national anthem. The judge acquitted the youth at
his October 8 trial.
Of the 112 children of Jehovah's Witnesses who were expelled from
school in 2008 for refusing to sing the national anthem, 97 had been
readmitted by September.
In April 2008 the government fired 215 Jehovah's Witnesses teachers
for failing to participate in government-sponsored solidarity camps on
religious grounds. As of September, 119 remained unemployed, 48 had
gone to the DRC, 47 found different employment, and one had returned to
teaching.
Government officials presiding over wedding ceremonies generally
required couples to take an oath while touching the national flag, a
practice to which members of Jehovah's Witnesses objected on religious
grounds. This practice made it difficult for church members to marry as
they had to find officials willing to perform the ceremony without the
flag requirement. Some members found that placing their hands on a
bible on top of the flag was an acceptable alternative.
During the year government authorities and Jehovah's Witnesses
leaders continued to address problems and misunderstandings through a
collaborative mechanism begun in 2005. However, church leaders reported
little official willingness to respond to their concerns.
Societal Abuses and Discrimination.--There was a very small Jewish
community, consisting entirely of expatriates, and there were no
reports of anti-Semitic acts.
The government endorsed the opening of Agahozo Shalom Youth Village
during the year, a residential community for orphaned teenagers
sponsored by an American Jewish organization, which teaches tolerance
and acceptance of all persons.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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, 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, and returning refugees.The law prohibits forced exile, and
the government did not use it.
During the year the country accepted 15,452 citizens returning from
other countries, all but 5,702 returning from the DRC; most were
settled in their districts of origin. The government set a deadline of
July 31, later extending it to August 31, for the return of the
approximately 20,000 Rwandan refugees and asylum seekers from Uganda;
approximately 5,000 returned. The government worked with the UNHCR and
other aid organizations to assist the resettled returnees. Government
mediators handled land disputes resulting from the large number of
returnees.
The government continued to accept former combatants who returned
to the country from the DRC as part of the ongoing rapprochement
between the two countries. A total of 8,284 former combatants from
armed groups in the DRC, including 715 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 1,152 adult former
combatants from armed groups and rehabilitated approximately 90
children, 49 of whom arrived during the year. It also demobilized 1,910
RDF soldiers during the year. With international support, the
government's Demobilization and Reintegration Commission, the lead
agency for the reinsertion of returned former combatants, placed such
persons in a 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. Unlike in the previous year, there were no complaints
of inadequate notice given to residents to vacate their properties.
Protection of Refugees.--The country is a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol, as
well as the 1969 African Union Convention Governing the Specific
Aspects of the Refugee Problem in Africa; the government has
established a system for providing protection to refugees. The
constitution recognizes the right to asylum ``under conditions
determined by law,'' and there was a law in place to recognize
refugees. However, the government was slow to implement refugee
registration procedures, and most persons seeking asylum or refugee
status had to seek private assistance (in finding housing, food, and
other supplies) while awaiting formal recognition by the government.
In the past 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, on June 2, soldiers and police forcibly closed the
Kigeme refugee camp, which had sheltered approximately 2,000 Burundian
refugees. As of May 31, the date agreed upon by the UNHCR and the
governments of Rwanda and Burundi for closing the camp, approximately
1,500 of the refugees had voluntarily returned home. Of the remaining
500 refugees, the UNHCR had slated 70 for resettlement, leaving
approximately 440 persons. On June 2, police and soldiers rounded up
these remaining refugees and forcibly transported them to Burundi. The
UNHCR criticized the action.
The UNHCR, with government support, continued to assist refugees
and asylum seekers. As of November 30, it had provided temporary
protection to 54,004 persons, mostly refugees from the DRC.
Some refugees seeking third-country resettlement reportedly had
difficulty obtaining exit visas from the government. Lack of
government-issued identity cards also created difficulties for refugees
when they were outside the camps.
In September a group of more than 300 genocide suspects fled from
Rwanda to Burundi claiming persecution. Government officials claimed
that most fled due to pending gacaca cases, not persecution.
Unlike in the previous year, there were no reports that
representatives of a DRC-based armed group recruited children and
adults from Rwandan refugee camps to be combatants or laborers. The
government noted that it was difficult to control camps that had no
fences and populations that regularly crossed borders. Refugees had
access to primary schools and health care, but few were able to find
jobs, although there were no laws denying them access to employment.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide for the right of citizens to
change their government peacefully; however, this right was effectively
restricted.
Elections and Political Participation.--Chamber of Deputies
elections in September 2008 were peaceful and orderly, with a heavy
turnout; however, observers noted irregularities in the electoral
process. The RPF won 42 of 53 directly elected seats (with 79 percent
of the vote), the Social Democratic Party (PSD) seven seats (13
percent), and the Liberal Party (PL) four (7.5 percent). The councils
of women, youth, and persons with disabilities elected the other 27
chamber members. Nine political parties contested the elections; six of
them had joined in coalition with the RPF rather than fielding
independent lists of candidates.
National Electoral Commission (NEC) rulings restricted the ability
of the PSD and the PL to effectively disseminate their messages,
allowing the RPF to dominate the 22-day electoral campaign. The media
devoted the bulk of its coverage to the RPF. There were credible
reports of local government interference with PL and PSD rallies and
meetings, and security forces briefly detained several campaign
workers.
According to observers, many voting stations opened early, did not
make proper use of forms, and did not initially seal ballot boxes. NEC
and other government officials often prevented observers from
monitoring the ballot counting above the polling station and polling
center levels (the first two levels). The Civil Society Election
Observation Mission observed in its Statement of Preliminary Findings
that ``in a significant proportion of cases, it was not possible to
confirm the accuracy of consolidated results at any stage beyond
polling center consolidation.''
In 2003 President Paul Kagame won a landslide victory against two
independent presidential candidates, receiving 95 percent of the vote
in a largely peaceful but seriously marred election.
The constitution provides for a multiparty system but offers few
rights for parties and their candidates. 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 for
women, and provide a written political program signed by a notary in
order to register.
The government registered the PS-Imberakuri political party during
the year; however, the registration process was cumbersome. The
government impeded the registration of the newly formed Green Party. In
September the Green Party had to cancel a planned assembly because a
public notary was not available. In October, 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 planned 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 local authorities arrested a PS-Imberakuri member for
political 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.
During the year authorities prevented political party organizers
from meeting (see section 2.b.).
In accordance with the constitution, which states that ``a
political organization holding the majority of seats in the Chamber of
Deputies may not exceed 50 percent of all the members of the Cabinet,''
independents and members of other political parties held key positions
in government including that of the prime minister.
The constitution requires that at least 30 percent of the seats in
parliament be reserved for women. At year's end there were seven women
in the 26-seat Senate and 45 women in the 80-seat Chamber of Deputies.
There were nine women in ministerial positions, representing 36 percent
of cabinet positions.
There was one member of the Twa ethnic group in the 26-seat 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. During the year authorities
prosecuted 404 cases of corruption and embezzlement, some of which
involved senior officials, and 169 cases were pending.
For example, in December the court sentenced Vincent Gatwabuyege,
former permanent secretary in the Ministry of Infrastructure, to three
years in prison for embezzlement of state funds. In November 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. In August
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.
Following its 2008 annual report, the ombudsman's office conducted
several dozen investigations into judicial corruption and provided them
to the National Public Prosecution Authority. Authorities dismissed
several judges and court registrars for abuse of office or corruption
after investigations by the Judicial Council, a body charged with
oversight and discipline of the judicial branch.
The Office of the Auditor General worked to prevent corruption,
including through investigations of improper tendering practices at
government ministries. The government's Office of the Ombudsman had an
active good governance program and several anticorruption units that
worked at the local level. Prior to acquiring the authority to
prosecute cases in October, the office recommended cases to the
National Public Prosecution Authority, and during the year the office
pursued several hundred corruption cases, the majority of which
involved misuse of public funds. During the year the police and
National Public Prosecution used the auditor general's annual report to
pursue investigations into the conduct of government businesses.
The law provides for annual reporting of assets by public
officials, but not public disclosure of those assets; most public
officials complied.
In January 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. During the year 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.
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.
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 that relations with the government were generally positive;
however, others indicated that the government was intolerant of
criticism and suspicious of local and international human rights
observers, often rejecting their criticism as biased and uninformed.
During the year some NGOs expressed fear of the government and self-
censored their activities and comments. International and local NGOs
reported unfettered access to the country's prisons, following a formal
application process.
Domestic NGOs LIPRODHOR and LDGL focused on human rights abuses.
Other local NGOs dealt with at least some human rights issues and
conducted activities such as lobbying the legislature to provide more
protection for vulnerable groups, observing elections, raising
awareness of human rights among youth, and providing explanations of
legislation, legal advice, and advocacy. LIPRODHOR employed its 180
members (down from 400 last year) 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. A 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; however, unlike in the previous year,
no domestic human rights NGOs were unable to register. 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 required domestic NGOs to submit financial and activity
reports each year to the national government. NGOs complained that
these requirements and near-compulsory participation in the Joint
Action Forum strained their limited resources. While there was no legal
requirement to contribute financially to the forum, some organizations
felt pressured to do so.
The government also requires international organizations to
register each year and to obtain yearly provisional authorization from
the local governments of every district in which the organizations
intend to work, followed by final authorization from the requisite
ministry. This requirement made registration difficult for some
organizations. The government also requires international organizations
to submit yearly reports with the relevant local governments and
national level ministries. The paperwork involved was burdensome.
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 that the government
controlled some of these umbrella NGOs.
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.
Unlike in the previous year, there were no reports that government
authorities harassed local NGOs.
The government generally cooperated with international NGOs;
however, it frequently criticized HRW as being inaccurate and biased
and reportedly conducted surveillance on some international NGOs.
Unlike in the previous year, the government did not deny visas to
NGO personnel.
The National Human Rights Commission (NHRC) enjoyed the
government's cooperation but did not have adequate resources to
investigate all reported cases of violations and remained biased
towards the government, according to some observers.
The Office of the Ombudsman 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 had completed 49 cases, with 41
convictions and eight acquittals. At year's end there were 26
individuals on trial, two persons awaiting trial, and 11 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;
nine 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 police investigated 2,356 cases of
rape, the court tried 3,152 cases, and 1,487 new rape cases were filed
in court; 2,020 cases were pending at year's end, compared to 3,685
pending cases at the end of 2008. 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
that 31 percent of women over age 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 and provides for imprisonment of six
months to two years for threatening, harassing, or beating one's
spouse. Cases normally were handled within the context of the extended
family. Between January and November police investigated 2,108 cases of
gender-based violence. 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 December 2008 the RDF cooperated with local authorities in Northern
Province to increase reporting 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 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.
Prostitution is illegal but was prevalent.
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 (approximately $180 to $360). Sexual harassment
was common.
The government respected the basic right of couples and individuals
to decide freely and responsibly the number, timing, and spacing of
their children. 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, and there was no charge for the poorest of the
population. 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. According to the
Population Reference Bureau, the government provided 73 percent of
available contraceptives. Overall, the unmet need for family planning
was 38 percent, a statistic that reflected rural access issues, lack of
accurate information, and religious reasons.
The law allows women to inherit property from their fathers and
husbands, and couples may make their own legal property arrangements;
however, women had serious difficulties pursuing property claims. Since
the 1994 genocide, which left numerous women as heads of households,
women assumed a larger role in the formal sector, and many operated
their own businesses. Despite the election in September 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. 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 minister of gender and family promotion in the
Office of the Prime Minister headed government programs to address
women's issues and coordinated programs with other ministries, police,
and NGOs. The government 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 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, and children
with one Rwandan parent must apply for citizenship before turning 18.
Children born in Rwanda 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 fees through nine years of basic education; however,
most parents were required to pay unofficial fees to support basic
school operations. According to 2008 World Bank statistics, 54 percent
of children completed primary school. Girls accounted for 51 percent of
children enrolled in primary school and 49 percent of children enrolled
in secondary school. Female enrollment at higher education levels
lagged behind that of males.
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 numerous
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 is considered rape and is punishable by between 20
years to life in prison. Between January and July prosecutors filed
2,045 rape cases of minors in regular courts; 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
(approximately $360 to $900).
The government continued to support the Muhazi rehabilitation
center for children in Eastern Province, which provided care and
reintegration preparation during the year for approximately 90
children, who had previously served as soldiers in the DRC. During the
year 75 of the former child soldiers were reunited with their families.
There were numerous street children throughout the country.
Authorities rounded up 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 35 child-
care institutions across the country that provided shelter, basic
needs, and rehabilitation for approximately 2,600 street children. The
government worked with international organizations and NGOs to provide
vocational training and psychosocial support to street children, to
reintegrate them into their communities, and to educate parents on how
to prevent their children from becoming street children.
Trafficking in Persons.--While there was no specific
antitrafficking law, laws against slavery, prostitution by coercion,
kidnapping, rape, and defilement were available to prosecute
traffickers. Additionally, the law on prevention and prosecution of
gender-based violence included an article on gender-based human
trafficking with penalties of 15 to 20 years' imprisonment and a fine
of 500,000 to 2,000,000 Rwandan francs (approximately $900 to $3,600).
There were reports that persons were trafficked from and within the
country during the year.
The country was a source for small numbers of women and children
trafficked for sexual exploitation and domestic labor. Some children
also were trafficked to Uganda, Tanzania, and Kenya for agricultural
labor or use in commercial sexual exploitation.
The largest trafficking problem was underage prostitution. Small
numbers of impoverished girls, typically between ages 14 and 18, used
prostitution as a means of survival; some were exploited by loosely
organized prostitution networks.
Due to the genocide and deaths from HIV/AIDS, numerous children
headed households, and some of these children resorted to prostitution
or may have been trafficked into domestic servitude. While police
reportedly conducted regular operations against prostitution, no
statistics were available on prosecutions of those who utilized or
exploited children in prostitution.
Traffickers included individuals and small, loosely organized
prostitution networks. There were reports of such networks in secondary
schools and universities. In some instances older students offered
vulnerable younger girls room and board, eventually pushing them into
prostitution to pay for their keep.
In November 2008 Ugandan authorities arrested a Rwandan national in
Uganda for attempting to sell a 15-year-old boy she had trafficked from
Rwanda.
Unlike in previous years, there were no reports that children were
recruited from refugee camps for soldiering in eastern DRC and forced
labor.
The RNP is the lead government agency responsible for combating
trafficking of persons.
Authorities investigated several cases and prosecuted traffickers
using laws against prostitution by coercion, slavery, kidnapping, rape,
and defilement; however, no traffickers were convicted during the year.
If convicted, individuals face penalties including imprisonment.
Several investigations into other trafficking cases continued at
year's end, including two cases involving adults caught at borders with
children.
When the government dismantled prostitution rings, it offered women
rehabilitation programs that included employment training. There were
no shelters specifically for trafficking victims.
The government provided training on combating sex crimes and crimes
against children as part of the police training curriculum. During the
year the police offered specialized training for police cadets in
recognizing trafficking, particularly trafficking involving children.
The government also monitored immigration and emigration patterns, as
well as border areas that were accessible by road. The RNP conducted
sensitization programs against prostitution and warned hotel owners
against allowing underage girls to frequent their hotels.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 Federation of the Associations of
Persons with Disabilities appointed one member of the Chamber of
Deputies.
In March 2008 the National University of Rwanda began admitting
blind students, becoming the second public higher education institution
(following the Kigali Institute of Education) to do so.
National/Racial/Ethnic Minorities.--Long-standing tensions in the
country culminated in the 1994 state-orchestrated genocide, in which
Rwandans killed up to a 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. This
government included members of eight political parties and ruled until
the 2003 elections.
Since 1994 the government has called for national reconciliation
and abolished policies of the former government that created and
deepened ethnic cleavages. The government 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. 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.
French-speaking citizens charged that 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 organization 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 33,000 to 35,000, 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
Indigenous Peoples of Rwanda (CAURWA) and the Ligue pour la Promotion
des Potiers du Rwanda (LIPOPORWA), organizations that focused primarily
on Twa community needs, as advocates for the most marginalized, rather
than organizations that support an indigenous ethnic group. Despite
official recognition of CAURWA and LIPOPORWA and ongoing joint health
and education projects with the government, 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 conducted in Kigali, gay men claimed to
have been verbally and physically abused in workplaces, bars, prisons,
and elsewhere in public.
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 the
stigmatization of 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 to join
unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. The law
allows unions to conduct their activities without interference, and
while the government respected this right in practice, some private
sector employers did not and often harassed union members. Between 20
and 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.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, but the government severely limited
this right. The government was heavily involved in the collective
bargaining process since most union members were in the public sector.
Only the Central Union of Rwandan Workers (CESTRAR) had an established
collective bargaining agreement with the government.
The law prohibits antiunion discrimination, but there were no
functioning labor courts to resolve complaints involving discrimination
against unions. According to CESTRAR, employers 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 a total of
94,466 persons to community service. As of December, 19,000 persons
were serving their sentences in one of the 55 community service camps,
11,000 had completed their community service, and 64,466 were waiting
to begin community service.
Unlike in the previous year, 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.
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. There were 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 under the age of 16 from working without their parents' or
guardians' permission. The law prohibits children under 16 from
participating in night work (between 7 p.m. and 5 a.m.) or any work
deemed hazardous or difficult by the minister of labor. Children also
must have a rest period of at least 12 hours between work engagements.
The minimum age for full-time employment is 18 (16 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 (particularly on tea plantations), among household domestics, in
small companies, and in the brick-making industry. Children received
low wages, and abuse was common. In addition, child prostitution and
trafficking of children were problems.
A National Advisory Committee on Child Labor composed of various
government ministries, the NHRC, the RNP, trade unions, and NGOs met
regularly to provide guidance and technical assistance to the
government on child labor issues and to develop a national child labor
policy. The government supported 30 labor inspectors, one in each
district; however, the government was unable to provide them with
adequate resources to effectively 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,
to identify children involved in child labor, and to send them to
school or vocational training. Since 2005, in collaboration with
multiple NGOs, the government rescued 3,485 children from exploitative
labor conditions and provided training and prevention services to
another 2,582 children considered at risk for trafficking or other
exploitation. The government 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.
e. Acceptable Conditions of Work.--There was no single minimum
wage, but minimum wages in the formal economy did not provide a decent
standard of living for a worker and his family. For example, minimum
wage in the tea industry ranged from 500 to 750 Rwandan francs per day
(approximately $0.90 to $1.35), while in the construction industry it
ranged from 1,000 to 1,500 Rwandan francs a day ($1.80 to $2.70).
Minimum wages, however, provided a higher standard of living than that
of the 85 percent of the population relying only on subsistence
farming. The Ministry of Public Service, Skills Development, and Labor
set minimum wages in the small formal sector. The government, the main
employer, effectively set most other wage rates as well. In practice
some workers accepted less than the minimum wage. Families regularly
supplemented their incomes by working in small businesses or
subsistence agriculture.
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 of full salary to six weeks of full salary, with an optional
additional six weeks at 20 percent of the 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 150,000.
The head of state is President Fradique De Menezes, and the head of
government, chosen by the National Assembly and approved by the
president, is Prime Minister Joaquim Rafael Branco. International
observers deemed the 2006 presidential and legislative elections free
and fair. Civilian authorities generally maintained effective control
of the security forces.
The government generally respected the human rights of its
citizens. However, there were problems in some areas, including harsh
prison conditions, prolonged pretrial detention, official corruption,
impunity, violence and discrimination against women, child labor, and
harsh labor conditions.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
security forces generally observed these prohibitions.
Prison and Detention Center Conditions.--Prison conditions were
harsh but generally not life threatening. Facilities were overcrowded,
sanitary and medical conditions were poor, and food was inadequate.
Pretrial prisoners were held with convicted prisoners, and juveniles
were held with adults. Men and women were held separately. There was
one prison and no jails or detention centers. In general police
stations had a small room or space to incarcerate detainees for brief
periods.
There were a total of 240 inmates, approximately 65 of whom were
awaiting trial. The number of inmates included seven women and 20
juveniles. There were no reports of prison deaths.
The government permitted human rights monitors to visit the prison;
however, there were no visits during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--In June 2008 the
national police and immigration service came under the control of a new
ministry, the Ministry of Internal Affairs, Government Reforms, and
Civilian Protection. The Ministry of National Defense continues to
supervise and control the military. Despite increased personnel and
training offered throughout the year, police remained ineffective and
were widely viewed as corrupt.
Rivalry between military soldiers and police led to two separate
confrontations in May and August in which shots were fired. No one was
injured in the incidents and no one was held accountable for either
incident.
Impunity was a problem, and efforts to reform the Criminal
Investigation Police, a separate agency under the Ministry of Justice,
were unsuccessful.
Arrest Procedures and Treatment While in Detention.--The law
requires that a judge issue arrest warrants to apprehend suspects,
unless the suspect is caught during the commission of a crime. The law
requires a determination within 48 hours of the legality of a
detention, and authorities generally respected this right. Detainees
are to be informed promptly of charges against them, and this was
generally followed in practice. There was a functioning bail system.
Detainees were allowed prompt access to a lawyer and, if indigent, to
one provided by the state.
Severe budgetary constraints, inadequate facilities, and a shortage
of trained judges and lawyers resulted in lengthy pretrial detention. A
total of 27 percent of the country's prisoners were awaiting trial, and
some pretrial detainees had been held for more than a year.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, at times the judicial system was
subject to political influence or manipulation.
The legal system is based on the Portuguese model. The court system
has three levels: circuit courts, the Supreme Court, and the
Constitutional Court, which is the highest judicial authority.
Trial Procedures.--The constitution provides for the right to a
fair public trial by a judge (juries are not used), the right of
appeal, the right to legal representation, and, if a person is
indigent, the right to an attorney provided by the state. Defendants
are presumed innocent, have the right to confront their accusers,
confront witnesses, access government evidence, and present evidence
and witnesses on their own behalf.
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 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; however, journalists practiced self-censorship.
The government owned part or all of most media outlets and had a strong
say in what stories or opinions were published or broadcast.
Unlike the media, individuals could privately or publicly criticize
the government, including specific officials, without fear of reprisal.
There were no reports of the government impeding criticism.
Two government-run and seven independent newspapers and newsletters
were published sporadically, usually on a monthly or biweekly basis;
resource constraints determined publishing frequency. International
media operated freely.
The government operated television and radio stations. The Voice of
America, Portuguese Distribution Radio, and Radio France International
also were rebroadcast locally. The law grants all opposition parties
access to the state-run media, including a minimum of three minutes per
month on television.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to International Telecommunication Union statistics for 2008,
approximately 15 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 peaceful assembly and association, and
the government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Societal Abuses and Discrimination.--There were no reports of
discrimination against members of religious groups.
There was no known Jewish community and no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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.
The law does not prohibit forced exile; however, there were no
reports that the government used it.
Protection of Refugees.--The law does not specifically provide for
the granting of asylum or refugee status in accordance with the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the government has not established a system for providing
protection to refugees. In practice the government provided protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
During the year there were no known requests for refugee or asylum
status. In the past the government cooperated with the Office of the UN
High Commissioner for Refugees and other humanitarian organizations in
assisting refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic and generally free and fair elections based on
universal suffrage.
Elections and Political Participation.--The 2006 legislative
elections gave a plurality of seats in the National Assembly to a
coalition of parties, the Democratic Movement Strength of Change/
Democratic Convergence Party (MDFM/PCD), supporting President De
Menezes. The MDFM/PCD subsequently formed a government. President De
Menezes was reelected in 2006 with 60 percent of the vote.
International observers deemed both elections generally free and fair.
Also in 2006, for the first time in more than a decade, local elections
were held; on the same date, regional elections were held on the island
of Principe. The MDFM/PCD won control of five of the six districts in
these elections; the principal opposition party, the Movement for the
Liberation of Sao Tome and Principe (MLSTP/PSD), won one district, and
a new party, Novo Rumo, won one seat in the parliament. The Union for
Change and Development of Principe Island (UMPP) won the presidency of
the regional government on Principe.
Political parties operated without restriction or government
interference.
Women held positions throughout the government, including two seats
in the 55-seat National Assembly, four of 13 cabinet positions, one
seat on the three-member Supreme Court, and two 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.
Official corruption was widespread. The World Bank's 2008 Worldwide
Governance Indicators reflected that corruption was a serious problem.
In 2008 several high-level officials, including one former prime
minister, were brought before the circuit court only for questioning
regarding their alleged involvement in the disappearance of millions of
dollars from the government's foreign aid fund. The trial resumed on
January 30. No high-level officials were tried as they have expansive
immunity. However, two administrative officials were convicted and
sentenced to nine and seven years in prison, respectively.
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. 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.
Reports of domestic violence against women continued to increase.
Although women have the right to legal recourse--including against
spouses--many were reluctant to bring legal action or were ignorant of
their rights under the law. Tradition inhibited women from taking
domestic disputes outside the family. A newly passed law against
domestic violence carries penalties of up to 10 years' imprisonment.
The law was strictly enforced, including in cases of domestic violence,
but there were no data on the number of prosecutions for domestic
violence.
The Ministry of Justice and the UN Children's Fund (UNICEF)
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.
Prostitution is illegal but did occur. Prostitution was rare in the
past, but observers estimated its prevalence is increasing with the
growing number of foreign workers in the country.
The law does not prohibit sexual harassment, and it was a problem.
No data were 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 Public Health. There were no restrictions
on the right to access contraceptives but they were not widely used.
NGOs and the Ministry of Health have run out of supply of
contraceptives in the past due to lack of funds, leading to a drop in
availability and use. The government provided free childbirth services,
but lack of sufficient doctors meant many women, especially in rural
areas, used 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. While many women have access to
opportunities in education, business, and government, women in general
continued to encounter significant societal discrimination. Traditional
beliefs left women with most child-rearing responsibilities and with
less access to education or entry into the professions. The Gender
Equality Institute (INEPG) within the Office of Women's Affairs held
numerous seminars and workshops to raise awareness about discrimination
against women. A high teenage pregnancy rate further reduced economic
opportunities for women. The government held a conference on teen
pregnancy in July.
Children.--Citizenship is acquired either through parents or by
being born within the borders of the country. Either parent, if a
citizen, can confer citizenship to a child born outside the country.
A law passed in October 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 and compulsory through sixth grade,
and tuition-free to the age of 15 or sixth grade, whichever comes
first. In practice many rural students stopped attending school after
the fourth grade.
Mistreatment of children was not widespread; however, there were
few protections for orphans and abandoned children.
Child labor was a problem within the family.
The Ministry of Labor and Solidarity collected street children in
three centers, where they attended classes and received training.
Conditions at the centers were good; however, because of overcrowding,
some children were returned to their families to sleep at night, and a
few of these children ran away.
Trafficking in Persons.--The law prohibits trafficking in persons,
and there were no reports that persons were trafficked to, from, or
within the country. In 2007 the UNICEF and the Economic Community of
Central African States held a conference in the country that addressed
trafficking in persons and continued with an awareness campaign about
the issue.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/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
homosexual activity and there were no reports of societal
discrimination based on sexual orientation.
Other Societal Violence or 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 and NGO sponsored workshops and awareness
campaigns to reduce such instances. The government also provided free
AIDS testing and distributed antiretroviral drugs to many 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. 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 and private workers, who constituted the majority of formal
sector wage earners, and members of farmers' cooperatives.
The constitution provides for the freedom to strike, including by
government employees and other essential workers, although during the
year no strikes occurred.
b. The Right to Organize and Bargain Collectively.--The
constitution and law state that workers may organize and bargain
collectively; however, due to its role as the principal employer in the
formal wage sector, the government remained the key interlocutor for
organized labor on all matters, including wages.
The law does not prohibit antiunion discrimination or retaliation
against strikers, but there were no reports of such actions during the
year.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Employers in the formal wage sector generally respected the legally
mandated minimum employment age of 18; however, child labor was a
problem within families. The law prohibits minors of 14 years old and
up from working more than seven hours a day and 35 hours a week.
However, 14-year-olds are permitted to work in family businesses or in
an apprentice position. Children worked in subsistence agriculture, on
plantations, in informal commerce, and in domestic work. No cases of
child labor abuses were prosecuted, although the law states that
employers of underage workers can be fined. The Ministry of Labor and
Solidarity is responsible for enforcing labor laws.
Limited initiatives taken by the government in previous years to
prevent child labor continued. The Ministry of Education extended
compulsory school attendance from the fourth to the sixth grade, and
the government granted some assistance to several low-income families
to keep their children in school. The Ministry of Labor also created
teams of labor inspectors to increase inspections at work sites.
e. Acceptable Conditions of Work.--There is no national minimum
wage. Although the legal minimum wage for civil servants was 650,000
dobras ($41) per month, it was insufficient to provide a decent
standard of living for a worker and family. There has been no
adjustment to the minimum wage since 2007. 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, and the Criminal Investigation Police, earned
up to 400 percent more than other public sector employees.
Working conditions on many of the cocoa plantations, the largest
informal wage sector, were harsh. The average salary for plantation
workers did not provide a decent standard of living for a worker and
family, and the purchasing power of their pay was further eroded by the
high rate of inflation. While difficult, the situation is not forced
labor since most of the workers own a portion of the land due to
agricultural reforms recommended by the World Bank in the late 1980s
and 1990s.
The legal workweek is 40 hours, with 48 consecutive hours mandated
for rest. However, shopkeepers could work up to 48 hours a week. The
law provides for compensation for overtime work.
The law prescribes basic occupational health and safety standards;
however, due to resource constraints, the Ministry of Justice's and the
Ministry of Labor and Solidarity's enforcement of these standards was
not effective. Employees have the right to leave unsafe working
conditions, but none sought to do so, and enforcement of the right was
very limited. Migrant work is all but unknown, although all workers
would be entitled to the same protections.
__________
SENEGAL
Senegal, with an estimated population of 12.5 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
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 elections as generally free and transparent.
Civilian authorities generally maintained effective control of the
security forces.
The government generally respected citizens' rights; however, there
were problems in the following areas: inhuman and degrading treatment
of detainees and prisoners; overcrowded prisons; questionable
investigative detention and long pretrial detention; corruption and
impunity; limits on freedoms of speech, press, and assembly; domestic
violence, rape, sexual harassment of women, 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.--Neither the
government nor its agents committed any politically motivated killings.
However, unlike previous years, there was a report of an arbitrary
killing by security forces.
On August 11, gendarme Gora Diop shot and killed Sangone Mbaye in
the city of Joal after stopping Mbaye's car and demanding a 1000 CFA
($2.20) bribe. When Mbaye refused, an argument ensued, and the gendarme
shot Mbaye, who died after receiving no emergency care. On August 23,
the minister of defense announced that the gendarme would face justice,
and Diop was put in pretrial detention, where he remained at year's
end.
There were no developments in the following 2007 cases: the January
killing of a young man by a police officer in Diourbel; the April death
in police custody of Dominique Lopy in Kolda; the June killing of
Cheikh Ahmet Tidian Fall by customs officers in Mbour; the July killing
of Abdoulaye Seck in Bignona; and the December death in police custody
of Badara Diop in Kaolack.
The 2007 killings of Mamadou Sakho Badji and the government's
special adviser for the Casamance peace process, Cherif Samesidine Nema
Aidara, continued under investigation at year's end; one suspect
remained in pretrial detention.
Handicap International (HI) reported one landmine accident during
the year. On June 8, in the village of Kouring in the Ziguinchor
Region, two persons were injured by landmines. From January to June,
HI's humanitarian demining team cleared and neutralized 88 mines. HI
continued working under the supervision and coordination of the
National Mine Action Center, a government organization.
During the year MFDC rebels reportedly attacked civilians and
committed highway robberies in the Casamance.
The level of violence increased considerably during the year in the
Casamance. In August fighting between MFDC and the army near the
regional capital of Ziguinchor caused the displacement of several
hundred persons for a couple of days.
On June 7, three persons were killed in a car hijacking allegedly
perpetrated by rebels of the MFDC near the village of Kawane in the
northern Casamance. Gunmen reportedly shot Elhadj Babou Ndiaye several
times in the chest and hit Ndiaye with a machete on the feet and the
head. The gunmen then robbed him and two other car occupants. According
to one witness, the gunmen told Ndiaye he was not a native of the
Casamance before they shot him. There were no further developments at
year's end.
On June 9, gunmen allegedly belonging to the MFDC shot and killed
Youssouf Sambou (``Rambo''), a former warlord in the MFDC. The media
reported the shooting was an execution by dissident rebels who did not
appreciate the peace mediator role Rambo was playing between the
government and MFDC. There were no further developments at year's end.
On October 2, gunmen allegedly belonging to the MFDC shot and
subsequently killed six soldiers trying to free their vehicle from mud
in the Sedhiou area. At year's end there were no further developments.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
The government did not take any action to resolve older cases of
disappearances, particularly in the Casamance, linked to government
security forces.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were occasional reports that government officials employed them.
Human rights groups noted examples of physical abuse committed by
security forces, including cruel and degrading treatment in prisons and
detention facilities. In particular, they criticized strip-search and
other interrogation methods. Police reportedly forced detainees to
sleep on bare floors, directed bright lights at their pupils, beat them
with batons, and kept them in cells with minimal access to air. During
the year authorities took no action against police involved in these
abuses.
Human rights organizations highlighted the lack of supervision and
impunity with which security forces treated persons in police custody.
The African Assembly for Human Rights (RADDHO) continued to demand
prosecutions for the 2007 deaths of two suspects in police custody.
They also denounced the 2007 abusive treatment inflicted by gendarmes
in Dakar on the city's former mayor, Mamadou Diop, who indicated that
he was stripped and made to lie on a stone floor.
On May 17, the media reported that a citizen of Guinea-Bissau,
Julilson Niniken Vaz, died while in custody at the office of the
gendarmes in Mbour. Although security forces allegedly claimed that he
died following severe stomach pains, other prisoners arrested at the
same time as Vaz reported that the latter had been tortured to death by
the gendarmes. The family supported these allegations based on injuries
to Vaz's head. There were no further developments at year's end.
On November 17, Abou Dia died while in police custody in the city
of Matam. Dia was arrested and taken to the police station for
identification. Shortly thereafter the police informed his sister that
Dia was not feeling well. When the sister reached the police station,
she found Dia dead with marks of violence on his neck. The family
accused the police of mistreating Dia and causing his death. No
prosecution had been undertaken by year's end.
There were no further developments in the reported cases of torture
reported by human rights organizations by security forces following a
riot in December 2008 in the city of Kedougou. The court had dismissed
allegations of torture made by attorneys.
In 2008 the National Assembly and the Senate jointly amended the
constitution to allow retroactive prosecution of genocide and crimes
against humanity. In July the National Assembly introduced new
provisions in the Code of Criminal Procedure giving defendants the
right to appeal a case to the Cour d'Assises, where only judges
deliberate cases (see section 1.e.). These legal provisions lifted the
last obstacles to the prosecution of former Chadian dictator Hissene
Habre on charges of torture and crimes against humanity. Habre has
lived in exile in the country for 20 years. However, the government
continued to argue that Habre's prosecution could not take place
without international donor funding. No further action was taken by
year's end.
There were several cases of mob violence. Due to a weak judiciary
and widespread impunity, civilians often administered punishment by
beating presumed thieves before handing them over to security forces.
For example, on December 1, three armed men tried to rob a woman in
Thiaroye Tally Diallo, in the suburbs of Dakar. One was caught by a mob
and beaten to death, another managed to escape, while the third took
refuge in a private home and was saved by the police. There were no
prosecutions by year's end.
Prison and Detention Center Conditions.--Prison and detention
center conditions were poor, in part because no prisons have been built
since the colonial era. The National Organization for Human Rights
(ONDH) identified overcrowding and lack of adequate sanitation as major
problems. There were 37 prisons with a designed maximum capacity of
3,000 prisoners. However, officials noted in July that there were in
fact 7,139 prisoners. A UN Study Group on pretrial detention visited
the country September 5-7 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 use of 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 being held in
prison facilities in pretrial detention. There were 200 children being
held with their mothers in prison.
Men and women were held in separate facilities. Prison conditions
were generally inadequate due to lack of funding.
Local nongovernmental organizations (NGOs) reported that the rape
of female prisoners was a serious issue not addressed by government
authorities during the year.
On April 23, 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 and
stifling heat, and were infested with bugs; food was of low quality.
Prisoners suffered sexual assault.
On May 15, three prisoners reportedly died at the prison of
Oussouye. All three were reportedly sick and died after they were
transferred to a local hospital.
During the year the government permitted prison visits by local
human rights groups such the ONDH, which also provided humanitarian
support to inmates.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, authorities at times
arbitrarily arrested and detained persons. Human rights groups
described arbitrary detention as a growing problem.
Role of the Police and Security Apparatus.--Police and gendarmes
are responsible for maintaining law and order. The army shares that
responsibility in exceptional cases, such as during a state of
emergency. The police force includes 10 departments, which constitute
the Directorate General of National Safety. In each of the country's 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 security personnel involved in ``political crimes,
except those who committed assassinations in cold blood.''
According to human rights groups, attorneys, and victims, security
forces regularly extorted money from detainees in exchange for release
and from prostituted persons to overlook noncompliance with
prostitution regulations.
The Criminal Investigation Department (DIC) is in charge of
investigating police abuses. For example, during the year the DIC
investigated the case of journalists Boubacar Kambel Dieng and Karamoko
Thioune, who were beaten in June 2008 by police special forces unit
following a soccer match in Dakar. There were no further developments
at year's end.
According to human rights groups, new members of the police force
received training in human rights protection.
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 to access to family; however, family access was not
generally allowed. The accused has the right to an attorney at the
accused's expense after this initial period of detention. Attorneys are
provided at public expense to all criminal defendants who cannot afford
one. A number of NGOs also provided legal assistance or counseling to
those charged with crimes.
The government used security forces, especially the DIC, to harass
journalists and arrest political opponents and civil society leaders
(see section 2.b.).
Judicial backlogs and absenteeism of judges contributed to long
pretrial detention. 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. During the year a UN
study group on pretrial detention criticized the country for its use of
long pretrial detention (see Prison and Detention Center Conditions).
In cases involving murder, threats to state security, and
embezzlement of public funds, there are no limits on the length of
pretrial detention. Judges are allowed the time necessary to
investigate these more serious cases but may order release pending
trial with the prosecutor's consent. If a prosecutor opposes release,
the order is frozen until an appeals court decides whether to grant
release. By law the prosecutor has total discretion to deny provisional
release pending trial for cases involving threats to state security,
murder, and embezzlement. However, since judges lacked sufficient time
to review all cases, orders to extend detention were often signed
without consideration of the facts to avoid releasing potentially
guilty detainees.
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 equipment, and
inadequate transportation. Magistrates also openly questioned the
government's commitment to judicial independence.
Based on French civil law, the judiciary is composed of ordinary
courts and several higher and special courts. The Supreme Court is the
final court of appeal for all criminal and civil cases and is the
highest judicial institution. Other components of the judiciary include
the Constitutional Council, which has jurisdiction over all
constitutional and electoral issues, the High Court of Justice, and the
Accounting Court, which has jurisdiction over financial and budgetary
affairs.
The Cour d'Assises, a specialized court attached to the Court of
Appeals, meets twice a year to prosecute felony cases. In the Cour
d'Assises, only judges deliberate on cases. It is possible to appeal
verdicts of the Cour d'Assises.
The High Court of Justice presides over cases against senior
government officials concerning acts committed in an official capacity.
The court has the authority to convict and sentence or to acquit. It is
composed of eight National Assembly deputies and one judge. The
National Assembly elects the eight deputy members of the High Court and
eight substitutes at the beginning of each session. Three-fifths of all
deputies must vote to pass a resolution to permit prosecution of a head
of state or minister. If a resolution is so passed, the High Court
convenes.
While civil court judges preside over civil and customary law
cases, plaintiffs can also bring disputes involving family matters to
religious judges, who act as advisors. Religious law has been
incorporated into the country's laws. Individuals and companies can
also refer commercial disputes to arbitration courts, and some citizens
still rely on tribal leaders to settle family and community disputes.
The Regional Court of Dakar includes a military tribunal, which has
jurisdiction over crimes that are military in nature. The tribunal is
composed of a civilian judge, a civilian prosecutor, and two military
assistants to advise the judge, one of whom must be of equal rank to
the defendant. The tribunal may try civilians only if they were
involved with military personnel who violated military law. 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
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 presented prior to trial. Access to
evidence may be limited by police who want to protect their informants.
A panel of judges presides over ordinary courts in civil and criminal
cases since trials by jury were eliminated by a law passed on July 28.
The right of appeal exists in all courts, except for the High Court of
Justice. All of these rights extend to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
On June 25, seven members of the youth movement of the political
party AJ/PADS were detained by police in Point E. They were accused of
attempting to hold a meeting at the headquarters of their party; the
government has banned any form of activities there. The party spokesman
called the arrests an attempt to intimidate the party and accused the
government of supporting a dissident faction in the party.
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.
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 in practice, and security forces and politicians
intimidated or harassed journalists during the year. Journalists also
practiced self-censorship.
Individuals could generally criticize the government publicly or
privately without reprisals.
There were several independent and three government-affiliated
newspapers. Due to high illiteracy rates, radio was the most important
medium of mass information and source of news.
There were approximately 80 community, public, and private
commercial radio stations. Although an administrative law is in place
to regulate radio frequency assignments, community radio operators
claimed there was a lack of transparency in the allocation of
frequencies. Radio stations were often controlled by a single
religious, political, or ethnic group.
Although the government continued to maintain a firm grip on
locally televised information and opinion through Radio Television
Senegal (RTS), three 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 fact that some religious leaders
were able 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 RMD, were created solely to refute antigovernment criticism.
Journalists continued to criticize government efforts to control
media content by selectively granting or withholding state subsidies,
which were given to both government-affiliated and private independent
media. The government frequently used subsidies, and in a few cases
threats and intimidation, to pressure the media not to publicize
certain issues.
The international media were active and expressed a wide variety of
views without restriction.
The government continued to perceive the media 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 September 11, the DIC interrogated journalist Pape Ale Niang for
seven hours and then released him without charge. Niang's Web site had
aired an interview with Abdou Latif Coulibaly, author of a book on lack
of transparency in public works bid tendering in which the president's
son was allegedly implicated.
On September 18, Abdou Dia, a journalist with Radio Futur Media
(RFM), and Pape Samba Sene, a correspondent for l'As newspaper in
Kaolack, were arrested and put in pretrial detention. They were charged
with libel, broadcasting false news, and associating with criminals.
The journalists had reported that the governor of Kaffrine and senior
officials were involved in embezzlement of seeds provided to local
farmers. On September 30, the two journalists were released; however,
the case was pending at year's end.
On September 25, a group vandalized the premises and equipment of
the independent television station Wal Fadjri. The owner accused the
government of being behind the attack. Following a vigorous protest by
journalists, civil society, and opposition parties, the prosecutor
ordered an investigation. No arrests were made by year's end.
There were no developments in the 2008 cases in which journalists
were intimidated, beaten, or jailed, including the April death threats
against the publisher of the weekly magazine Weekend and the June
police attack on journalists Boubacar Campbell Dieng and Karamokho
Thioune.
24 Heures Chrono, which was suspended from publication in 2008,
resumed publication on January 25. Editor El Malick Seck was pardoned
by President Wade on April 24 and resumed work at the newspaper.
On April 23, the president pardoned the 12 men sentenced to jail
terms of five to six years for ransacking the premises of 24 Heures
Chrono and L'As in 2008.
Internet Freedom.--There were no government restrictions on access
to the Internet, or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
With more than a dozen Internet service providers and an estimated 2.3
million subscribers, the country had extensive online access. Cyber
cafes were numerous in Dakar and often found in provincial centers.
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.
There were no developments in the 2007 killing by Kolda police of
Dioutala Mane, who had been participating in a demonstration protesting
the death of Dominique Lopy in police custody.
During the year there was no action taken against the Ziguinchor
riot police who beat seven female elementary teachers in 2007.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice. However, on August 21, the prefect of Dakar closed a
United Methodist Church in the Nord Foire area on the grounds that it
was disturbing neighbors. At year's end the church remained closed.
Any religious group seeking to form an association with legal
status must register with the Ministry of Interior in accordance with
the civil and commercial code. Registration was generally granted.
Unlike other religious groups, Muslims could choose Islam-based
laws contained in the family code for marriage and inheritance cases.
Civil court judges preside over civil and customary law cases, but many
disputes were turned over to religious leaders for adjudication,
particularly in rural areas.
The government provided some financial support for both Muslim and
Christian pilgrimages.
Societal Abuses and Discrimination.--During the year there were no
reports of societal violence or harassment against members of religious
groups.
There were approximately 50 resident Jews; there were no reports of
anti-Semitic acts during the year.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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.
On June 12, the governor of Ziguinchor increased military
checkpoints and restricted night travel in the northern Casamance
following several car hijackings and the shooting of passengers by
armed gunmen. Passenger vehicles were forbidden to use Road 4 between
Bignona and Diacounda and Road 5 between Bignona and Selety at the
Gambian border, from 7:00 p.m. to 6:30 a.m. Security forces continued
to enforce this restriction at year's end (see section 1. a.).
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 27-year-old
Casamance conflict, tens of thousands of persons left villages in the
region due to fighting, forced removal, and landmines. Many persons
were reportedly displaced during the year in the region. The government
estimated that there were approximately 10,000 IDPs in the Casamance,
although this number tended to fluctuate with the ebb and flow of the
conflict. 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 supported IDPs in Ziguinchor by supplying food and
enrolling children in local schools.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. Its 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 cases, and a denied asylum seeker can be arrested for staying
illegally in the country. Those arrested sometimes remained in
``administrative detention'' for up to three months before being
deported. According to the UNHCR, as of October 2, a total of 2,744
asylum seekers were 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. In
2008 the UNHCR began a repatriation program of Afro-Mauritanians from
the country to Mauritania. At year's end the program had returned
14,711 persons. According to the UNHCR, as of October 25, a total of
25,393 remained in the country, of whom 24,617 were Mauritanians. In
addition the government continued to permit generally unsupervised and
largely informal repatriation.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens generally exercised this
right in 2007 presidential and legislative elections as well as the
local elections held in March during the year. For the first time
military and paramilitary forces were allowed to vote.
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 preelection 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 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 March 22 municipal elections led to significant victories for a
multiparty opposition coalition. The mayors of Dakar, St Louis, Podor,
Kaolack, Fatick, Thies, Louga, and most of Dakar's major suburbs are
from various opposition parties. International observers declared the
March elections to be generally free and fair, although there were
instances of voter disenfranchisement. Additionally many polling
stations throughout the country opened late due to a lack of election
materials and poor training for the presidents of the voting centers.
For example, in the Dakar suburb of Pikine, voting materiel did not
arrive at the polling stations until 5 p.m., and the voting was
extended for only two hours beyond the deadline.
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 four women in the 32-member cabinet. Only 13 percent of locally
elected leaders were women. The 100-member Senate included 40 women.
There were approximately 39 members of minority groups in the
National Assembly and an estimated 12 members in 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.
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 and
National Assembly members and civil servants salary increases,
vehicles, and land over the last few years exacerbated the perception.
The National Commission to Fight Non-Transparency, 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.
During the year the government admitted that it made unauthorized
extra-budgetary commitments to businesses of approximately 175 billion
CFA ($385 million). Private sector sources claimed that the real amount
was closer to double the amount the government acknowledged.
The constitution and law provide citizens the right to access
government information freely; however, the government rarely provided
access in practice.
In August journalist Abdou Latif Coulibaly published a book
outlining corruption in accepting bids on government procurement
contracts for infrastructure projects managed by the National Agency
for the Preparation of the Islamic Summit Conference. Coulibaly's
allegations were never investigated by authorities, and the government
allegedly put pressure on local bookstores, which refused to distribute
the book for fear of reprisals.
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 the authority to investigate abuses;
however, it lacked credibility since it was poorly funded, did not meet
regularly, did not conduct investigations, and did not release a report
during the year.
According to the NCHR, the government met regularly with civil
society and human rights NGOs to discuss topics including
discrimination (racial, gender, and religious), migration, and domestic
violence. The government was somewhat responsive to inquiries by NGOs
and held meetings with them to discuss rights issues such as torture,
domestic violence, and the Hissene Habre case.
Death threats against leaders of opposition political parties,
unions, journalists, NGOs, and even a senior official were common and
generally were believed to originate in circles close to the ruling
party.
Although the government did not prevent visits by international
organizations, no such visits were reported during the year.
Section 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 on women and children, often were
not enforced.
On October 21, the prime minister announced the creation of a body
to coordinate all matters dealing with discrimination. The Ministry of
Justice was tasked to take all necessary actions to combat domestic
violence.
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 ten
years' imprisonment. A women's rights NGO criticized the lack of rape
shield laws that 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 proof 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. Ministry of Justice statistics estimated that 47
percent of accused rapists go unpunished and released without going to
trial. According to a journalists' NGO, there were 400 documented cases
of rape and sexual abuses during the year. However, almost 60 percent
of persons committing incest and rape were never brought to justice
because of familial ties.
Domestic violence, including spousal abuse, was a widespread
problem. Several women's groups and the NGO CLVF reported a rise in
violence against women during the year. Violence against women is
against the law, but the law was not enforced. The law criminalizes
assaults and provides for a punishment of one to five years in prison
and a fine. If the victim is a woman, the prison term and fine are both
increased. Domestic violence that causes lasting injuries is punishable
with a prison sentence of 10 to 20 years; if an act of domestic
violence causes death, the law prescribes life imprisonment. The CLVF
criticized the failure of some judges to apply the law, citing cases
where judges claimed lack of adequate evidence as a reason to issue
lenient sentences. During the year the NGO Action Aid reported 167
cases of domestic violence on schoolgirls.
Domestic violence against women is punishable by one to 10 years in
prison and fines range from 30,000 CFA ($66) to 500,000 CFA ($1,100),
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.
There were no government programs to combat domestic violence.
According to the NGO GRAVE, the Ginndi Center had 22 cases (including a
case of incest and a case of an 11-year-old girl who was raped and
became pregnant). As of November 10, a total of 10 women died from
domestic violence, according to the CLVF local branch in Louga.
Although soliciting customers is illegal, prostitution is legal if
individuals are at least 21 years of age, register with the police,
carry a valid sanitary card, and test negative for sexually transmitted
infections. NGOs working with prostitutes claimed that police targeted
female prostitutes for abuse and extortion. There were arrests of
illegal foreign prostitutes, underage prostitutes, and pimps during the
year. Evidence suggested foreign prostitutes' entry into the country
was professionally organized.
The law mandates prison terms of five months to three years, and
fines of 50,000 to 500,000 CFA ($110 to $1,100) 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.
In March a Frenchman managing a hotel in Saly in the Mbour Region
allegedly raped a 37-year-old female employee. His case was pending at
year's end.
In April a soldier raped his 21-year-old domestic maid in the Mbour
Region. In September he was sent to prison for five years.
In October a 70-year-old woman was raped by serial rapist Elabalin
Diatta in the village of Kabendou in the Kolda Region. The rapist fled
and was being sought by the police and gendarmerie at year's end.
The law provides for the right of all individuals to be informed
about and to choose methods for child spacing. It also provides for the
right to access medical services to 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, particularly in rural areas
and in some urban areas where lack of funds led to the closing of
maternity wards and operating rooms, constrained these rights. Social
and cultural pressures to have large families led some husbands
reportedly to ask health workers to terminate the use of contraceptive
by their spouses. This often led women to be discreet in the use of
contraception. Men and women were diagnosed and treated equally for
sexually transmitted diseases and 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 need be
notified nor give prior consent if the man takes 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 by naturalization;
only the father can pass on nationality. Children are not registered at
birth unless a parent requests it be done, but failure to do so did 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.
The law provides for free education, and education is compulsory
for all children ages six to 16; however, many children did not attend
school due to lack of resources or available facilities. Students must
pay for their own books, uniforms, and other school supplies. Due to
efforts of the government, NGOs, and international donors, primary
school enrollment reached 82 percent during the year.
Young girls encountered greater difficulties in receiving higher
education. For example, when families could not afford for all of their
children to attend school, parents tended to remove their daughters
rather than sons from school. Only 25 percent of women and girls over
15 years of age were literate, compared with 42 percent of boys and
men.
Child abuse was common. Poorly dressed, barefoot young boys, known
as talibes, begged on street corners for food or money for their
Koranic teachers, known as marabouts. These children were exploited by
their teachers and exposed to dangers. Physical abuse of talibes was
widely known and discussed. A 2008 joint study by the UN Children's
Fund (UNICEF), the International Labor Organization (ILO), the World
Bank, and a newly created NGO called the Partnership for the Withdrawal
and the Reinsertion of Street Children (PARER), identified 7,800 child
beggars in the Dakar area. There were an estimated 50,000 child beggars
in the country. Most were approximately 10 years old, although some as
young as two were reported. In general they were undernourished and
prone to sickness. Since they begged full time, they devoted almost no
time to Koranic 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 ($0.88) per day.
The law punishes sexual abusers of children with five to 10 years'
imprisonment. If the offender is a family member, the punishment is 10
years' imprisonment. Any offense against the decency of a child is
punishable by imprisonment for two to five years and in certain
aggravated cases up to 10 years. Procuring a minor for prostitution is
punishable by imprisonment for two to five years and a fine of 300,000
to four million CFA ($660 to $8,790). If the crime involves a minor
younger than 13 years, 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.
In April an uncle raped and impregnated his 14-year-old niece. The
man was in jail awaiting trial at year's end.
On June 18, the Regional Court of Diourbel sentenced Layine Wilane
to the maximum of 10 years' imprisonment for raping 12 girls and
committing acts of pedophilia on 13 others. All his victims were
minors. Wilane perpetrated his crimes in Touba, and the victims were
his students in the Koranic school he managed. A local psychologist,
Serigne Mor Mbaye, who conducted his own investigation, concluded that
the number of victims raped by Wilane exceeded 50 and that the police
investigation was not thoroughly conducted.
In January a 60-year-old marabout named Mohamadou Thierno Diallo
raped his two nieces (ages 13 and 15), impregnating the 13-year-old
girl. In September the marabout was convicted and sent to prison for
ten years and fined 10,000,000 CFA ($22,000).
In May in Saly in the Mbour Region, a Nigerian trader raped a 14-
year-old girl. In November he was sentenced to four years in prison.
In October serial rapist A. P. assaulted two students ages 12 and
13 years in the Thiaroye suburb of Dakar. In November he was convicted
and sent to prison for two years.
There were no further developments in several 2008 rape cases of
children, including the October rape of a 17-year-old girl in Dakar by
a man posing as a police officer, the March rape of a 13-year-old girl
in Keur Massar, and the May 17 rape of a nine-year-old girl in
Guediawaye.
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.
Tostan and UNICEF estimated that female genital mutilation (FGM)
was practiced widely throughout the country. Some girls were as young
as one when FGM was performed on them. Almost all women in the
country's northern Fouta region were FGM victims, as were 60 to 70
percent of women in the south and southeast. Sealing, one of the most
extreme and dangerous forms of FGM, was sometimes practiced by the
Toucouleur, Mandinka, Soninke, Peul, and Bambara ethnicities,
particularly in rural and some urban areas.
FGM is a criminal offense under the law, carrying a prison sentence
of six months to five years for those directly practicing it or
ordering it to be carried out on a third person. However, many persons
still practiced FGM openly and with impunity. The government prosecuted
those caught engaging in the practice and fought to end FGM by
collaborating with Tostan and other groups to educate persons about its
inherent dangers.
On May 28, the Court of Matam sentenced a woman who had carried out
FGM on a 16-month-old baby. The court also handed down the same
sentence to the baby's grandmother, who had requested the FGM to be
performed. The baby's parents received a suspended sentence of six
months' imprisonment. After failing in their efforts to pressure
government authorities to abandon the case, local religious groups
influenced local persons to stone security force members.
Tostan reported that 3,791 out of an estimated 5,000 communities
had formally abandoned the practice by year's end. According to Tostan
the movement to abandon FGM accelerated, with 60 percent of previously
FGM-practicing communities in the country ending the harmful practice.
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 considered child
marriage a significant problem in parts of the country, particularly in
rural areas, although child marriage is against the law. Girls,
sometimes as young as nine years old, were married to older men due to
religious, economic, and cultural reasons.
Women's rights groups highlighted infanticide, usually due to
poverty or embarrassment, as a continuing problem. Domestic workers or
women from villages working in cities who became pregnant sometimes
killed their babies since they could not care for them. Others who were
married to men working outside the country killed their infants out of
shame. In some cases the families of the women shamed them into killing
their own babies. Methods ranged from burying them alive, putting them
in septic tanks, or simply abandoning them along the road. When the
identity of the mother was discovered, the police arrested and
prosecuted her.
Many children 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 the Casamance displaced
children suffered from the psychological effects of conflict,
malnutrition, and poor health. UNICEF reported an estimated 100,000
talibe boys and 10,000 street children.
Prostitution is legal, and there were reports of European tourists
traveling to the Saly district of Mbour to procure the services of
prostitutes. Procuring a minor for prostitution, however, is punishable
by imprisonment for two to five years and a fine of 300,000 to four
million CFA ($660 to $8,791).
Pornography is prohibited and pornography involving children under
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.
Trafficking in Persons.--The constitution and law prohibit
trafficking in persons; however, persons were trafficked to, within,
through, and from the country. Laws that prohibit pimping and
kidnapping can be used in some trafficking cases.
Trafficking in and through the country was a serious problem,
especially with regard to child begging. Talibes were trafficked from
neighboring countries, including The Gambia, Mali, Guinea, and Guinea-
Bissau, and internally to participate in exploitive begging for some
Koranic schools.
Young girls were trafficked from villages in the Diourbel, Fatick,
Kaolack, Thies, and Ziguinchor regions to urban centers for work as
underage domestics.
Young girls from both urban and rural areas were involved in
prostitution, which NGOs stated involved an adult pimp to facilitate
commercial sex transactions or provide shelter. Young boys also were
involved in prostitution, particularly to support their families.
The country was believed to be a transit point for women en route
to Europe for commercial sexual exploitation.
By law those who recruit, transport, transfer, or harbor persons,
whether by means of violence, fraud, abuse of authority, or otherwise
for the purposes of sexual exploitation, labor, forced servitude, or
slavery are subject to punishment of five to 10 years' imprisonment and
a fine of five to 20 million CFA ($10,100 to $40,400). When the crime
involves torture, barbarism, the removal of human organs, or exposing
the victim to a risk of death or injury, prison terms range from 10 to
30 years. The government did not effectively enforce the law, and there
were no prosecutions for trafficking offenses during the year. There
was no available identification of the principal traffickers.
Following an October 19 interministerial conference, the Ministry
of Justice was put in charge of coordinating an interagency group to
respond to human trafficking issues. The group includes representatives
from the human rights commission; the Ministry of Women, Family, Social
Development, and Women's Entrepreneurship; the Ministry of Interior;
and a presidential adviser on childhood.
Most government efforts to combat trafficking in persons were
centered in the Ministry of Women, Family, Social Development, and
Women's Entrepreneurship. The ministry operated the Ginddi Center in
Dakar, where child trafficking victims received nutritional, medical,
and other assistance. The center accommodated children from The Gambia,
Mali, Guinea-Bissau, and Guinea. The center's toll-free child
protection hotline fielded many calls. With assistance from a foreign
government, the police established a trafficking-in-persons database.
There were no government programs to protect or assist trafficked
women.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services, and the
government effectively enforced it. The law also mandates accessibility
for persons with disabilities; however, there was a lack of
infrastructure to assist them. The Ministry of National Solidarity is
responsible for protecting the rights of persons with disabilities.
The law reserves 15 percent of new civil service positions for
persons with disabilities. However, according to the Senegalese
National Association of People with Physical Disabilities, the
government must issue an executive decree 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
lacks of special education training for teachers and facilities
accessible to children with disabilities, only 40 percent of such
children were enrolled in primary school.
National/Racial/Ethnic Minorities.--While the country's many ethnic
groups have coexisted relatively peacefully, interethnic tensions
between Wolofs and southern ethnic groups played a significant role in
the long-running Casamance rebellion that was characterized by grievous
human rights abuses.
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. Gay men and lesbians faced criminal prosecution
and widespread discrimination, social intolerance, and acts of
violence.
On January 7, the court sentenced Diadji Diouf, director of AIDES
Senegal, an NGO providing HIV prevention services, and seven other men
to eight years in prison for committing ``unnatural sex'' and acting as
a gang of criminals. They appealed the sentences and were released on
April 20 after the court ruled that the evidence against them was
inadmissible because the men were arrested in a private location, in
violation of the code of criminal procedure.
On May 2, several young persons in the neighborhood of Darou Salam
exhumed the body of Madieye Diallo in the belief that the deceased was
gay and should not be buried in their cemetery. After the police
intervened, Diallo's family reburied the body. However, when the police
left, local persons reexhumed the body and dragged it half-naked to the
home of the bereaved family. The family reburied Diallo in a cemetery
in Touba. There were no arrests or prosecutions by year's end.
On June 18, Amsa Gueye and Matar Gueye were arrested in Darou
Mousty for performing unnatural sex acts. The gendarmes also arrested
Ousmane Gaye and two minors, Massamba Gaye and Khadim Gueye. Khadim
reported that another man, Thierno Wade, forced himself on him. By
year's end Wade had not been arrested. On August 12, the Regional Court
of Louga sentenced Amsa Gueye to five years in prison for enticing a
minor into vice and unnatural sex acts. Ousmane Gaye and Matar Gueye
were found guilty of unnatural sex and sentenced to two years of
imprisonment.
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.
While there was no reported discrimination against persons with
albinism, many suffered and died due to lack of health care skin
products. 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 lacks 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 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 to the majority of the
workforce. Approximately 4 percent of the workforce was employed in the
private industrial sector, of which 40-50 percent belonged to unions.
The law provides for the right to strike, and workers exercised
this right in practice. The law states that workplaces may not be
occupied during a strike. Transportation, health, education, bakery,
and waste collection workers staged several strikes during the year.
Unions representing members of the civil service must notify the
government of their intent to strike at least one month in advance;
private sector unions must notify the government three days in advance.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
government protected this right in practice. The law also provides for
the right to collective bargaining, and it was freely practiced
everywhere but in private security companies. Collective bargaining
agreements applied to an estimated 44 percent of union workers.
Antiunion discrimination is prohibited by law, and no antiunion
discrimination was reported 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.).
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law bans the exploitation of child labor, and regulations on child
labor set the minimum working age, working hours, and working
conditions; and bar children from performing particularly dangerous
jobs. However, child labor was a problem, 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 was 15; however, children under the
age of 15 continued to work in traditional labor sectors, particularly
in rural areas where there was no enforcement of child labor laws.
There were also reports of children working on family farms or herding
cattle.
In August 2008 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 years 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, fishing,
artisanal gold mining, garages, dumpsites, slaughterhouses, production
of salt, and metal and woodworking shops.
Many religious instructors in Koranic schools brought young boys
from rural villages to urban areas and held them under conditions of
servitude, forcing them to beg on a daily basis in unsanitary and
dangerous conditions or work in the agriculture sector under the threat
of physical punishment.
One particularly egregious area of child labor was in the mining
and rock quarry sector. Child gold washers, mostly between the ages of
10 and 14, worked approximately eight hours a day without training or
protective equipment. Children worked long hours in rock quarries,
crushing rock, and carrying heavy loads without protection. Both types
of work resulted in serious accidents and long-term illness.
According to an October 2007 government survey, 90 percent of
children in Kaolack, Fatick, and Ziguinchor carry out tasks detrimental
to their health and education. The study also found that 75 percent of
girls were responsible for domestic chores, leading many to drop out of
school.
Inspectors from the Ministry of Labor were in charge of
investigating and initiating lawsuits in child labor cases. They can
visit any institution during work hours to verify and investigate
compliance with labor laws and can act on tips from trade unions or
ordinary citizens. In practice inspectors did not initiate visits
because of a lack of resources and relied on unions to report
violators. Labor inspectors closely monitored and enforced minimum age
rules within the small formal wage sector, which included state-owned
corporations, large private enterprises, and cooperatives. However,
there were no statistics available on the number of violations found.
The government has raised awareness of the dangers of child labor
and exploitive begging through seminars with local officials, NGOs, and
civil society. In October the government participated in a project
funded by a foreign government to withdraw 3,000 children from the
streets and prevent 6,000 others from entering exploitive child labor
in agriculture, fishing, begging, and domestic service. The government
also participated in an ILO project to combat child labor. The
government is 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 Koranic schools whose teachers
do not force their students to engage in begging.
e. Acceptable Conditions of Work.--The national minimum wage was
209 CFA ($0.45) 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 40-48 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
Seychelles People's Progressive Front (SPPF), which since July has been
renamed the People's Party, dominated the country through a pervasive
system of political patronage and control over government jobs,
contracts, and resources. The 2007 national assembly elections did not
result in any change in the balance of power between the ruling
People's Party (former SPPF) and the opposition Seychelles National
Party (SNP). Civilian authorities generally maintained effective
control of the security forces.
The government generally respected the human rights of its
citizens. However, the following human rights problems were reported:
prolonged pretrial detention; abuse of detainees; an inefficient and
politically influenced court system; restrictions on speech, press, and
assembly; official corruption; violence against women and children;
violations of and restrictions on labor rights; and discrimination
against foreign workers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
on July 28, a man was found dead in a cell while in police custody. Two
police officers were suspended in connection with the case. An internal
police inquiry was ongoing at year's end. The Office of the President
ordered a separate investigation, but the report, presented to the
president on November 3, was not made public to prevent interference
with the ongoing police investigation.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, but
police and prison officers were accused of inhumane treatment of
detainees.
Following reports of unrest at the Montagne Posee Prison between
March 6 and March 15, an investigation by the National Human Rights
Commission (NHRC) found that private security guards had been brought
in to support the prison guards and contain the situation. On March 6,
a prisoner was bitten by a dog that was not appropriately muzzled and
controlled by its handler, a private security guard. The prisoner was
later taken to the hospital for treatment.
On March 11, the same dog bit eight inmates. All were sent to the
hospital for treatment; one inmate was admitted after he suffered groin
injuries. The prisoners had previously protested that one of the
inmates should not have been sent to solitary confinement in the
``black cell,'' a dark room only large enough to hold one person.
Prison guards allegedly used pepper spray on the inmates and hit the
legs of the prisoner who refused to go into the ``black cell.''
On March 15, the NHRC found that the same dog bit three other
detainees. All three were sent to a hospital for medical treatment; one
of the three was later admitted for further treatment.
On September 4, Regar, a local newspaper, reported that a prison
guard at the Montagne Posee Prison assaulted a detainee on July 28.
According to the newspaper, the detainee was beaten with a metal chain
and suffered injuries to his ribs and lungs. He was later taken to a
hospital for medical care. The prison guard was suspended from duty.
Prison and Detention Center Conditions.--Detention centers
previously included the Grand Police High Security Prison for violent
inmates and the Montagne Posee Prison for all other prisoners and those
awaiting trial or sentencing. In June 2007 the Grand Police High
Security Prison began transitioning all inmates to the newly opened
Montagne Posee Prison. This transition was completed in 2007, and the
Grand Police High Security Prison was closed, leaving Montagne Posee
Prison as the only prison in the country. Prison officials stated that
staff shortages forced guards to limit prisoner time outside their
cells. The new facility housed high security and ordinary prisoners,
including female prisoners, as well as those in pretrial detention. As
of November 17, the prison, which had a maximum capacity of 400, held
323 prisoners, including 311 men and 12 women. Female prisoners were
kept separately in a section of the prison until the completion of the
women's prison wing in February. The NHRC noted that juveniles were
kept together with adult inmates. Remand prisoners were still kept with
convicted criminals.
On February 8, a group of prisoners petitioned the president to
rectify the shortage of water, food, utensils, and poor sanitary
conditions at the prison. The NHRC found that violence erupted between
prison guards and a detainee on the morning of March 11, after the
latter complained that he had not received the soap that his relatives
sent him. In response prison authorities stated that prison guards
would need to thoroughly search incoming packages due to drug
activities in the prison. The NHRC recommended that additional staff be
immediately recruited and that existing prison staff be trained to
discharge their responsibilities effectively.
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.
Prison authorities recruited 16 new prison guards; on October 14,
the new recruits completed a two-week course as part of the first phase
of their training.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions. Unlike the previous year, there were no
reports of arbitrary arrest or detention.
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 president, commands
the unarmed police and the armed paramilitary Police Mobile Unit, which
together have primary responsibility for internal security. When
necessary, police were assisted by the SPDF on matters of internal
security.
Corruption remained a problem. The Enquiry Board, a police
complaint office, existed but was rarely used. In practice private
attorneys filed complaints or published them in the opposition party
newspapers Regar and Le Nouveau Seychelles Weekly. Although human
rights was included as a core precept in officer training, such
training was limited in practice.
Arrest Procedures and Treatment While in Detention.--The
constitution and law provide that persons arrested must be brought
before a magistrate within 24 hours, with allowances for boat travel
from distant islands; however, police did not always respect this
requirement. The constitution and law also provide for detention
without charge for up to seven days if authorized by court order, and
police generally respected this provision. Detainees have the right to
legal counsel. Free counsel is not a legal right, but courts usually
provided it to indigent persons. Courts provided bail for most
offenses. Although warrants are required by law, police made some
arrests and detentions without a warrant.
The law provides that detainees have a right to prompt judicial
determination of the legality of detention; to be notified promptly of
charges against them; and are allowed prompt access to family members.
However, there were cases in which these rights were not respected.
The constitution provides for remand prisoners to be released after
six months 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 23 percent of the
prison population consisted of pretrial detainees. The NHRC recommended
that other institutions work to reduce the prison population to avoid
stretching the already limited resources of the prison.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was inefficient
and subject to executive influence. Both civil and criminal court cases
generally lasted years. There were no reports of judicial corruption,
although there was a widespread public perception that some judges were
corrupt.
The judicial system includes magistrates' courts (or small-claims
courts), the Supreme (or trial) Court, the Constitution and Law Court,
and the Court of Appeal.
One supreme court judge, one appeals court judge, and two
magistrate court judges were citizens by birth. All others were either
naturalized citizens or citizens of other Commonwealth countries. The
bar association criticized the government for not advertising
domestically that judicial positions were available. Critics widely
believed that some foreign justices bent to the will of the executive
branch because of fear that they might lose their jobs.
Several justices of the peace were responsible for small-claims
cases, and there were allegations that many of the justices were
appointed because of their affiliation with the People's Party.
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. The
government empowered the family tribunal to issue protection orders to
victims of family violence. 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, and trials were public in practice. A magistrates' court or the
Supreme Court heard criminal cases, depending on the gravity of the
offense. Cases involving murder or treason use juries.
Defendants are considered innocent until proven guilty, and have
the right to be present at their trial, to confront witnesses, and to
appeal. The constitution makes provision for defendants to present
evidence and witnesses and 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 above
rights are enjoyed equally by all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent and impartial judiciary in civil matters;
however, the judiciary was inefficient and subject to executive
influence.
On March 10, the NHRC was established to examine cases of human
rights abuses. Prior to the creation of the NHRC, citizens turned to
the ombudsman office to investigate human rights abuses and to seek
redress for other issues.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
However, there remained widespread suspicion of government monitoring
of private communication without legal process.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the government did not
respect these rights in practice. The law provides restrictions ``for
protecting the reputation, rights, and freedoms of private lives of
persons'' and ``in the interest of defense, public safety, public
order, public morality, or public health.'' As a result, civil lawsuits
could be filed to penalize journalists for alleged libel. Journalists
practiced self-censorship.
Individuals could not criticize the government publicly or
privately for fear of reprisal.
On November 27, Regar reported that the Supreme Court awarded
damages, ranging from 30,000 to 75,000 rupees ($2,750 to $6,875), to 13
victims of the 2006 police assault on SNP partisans for an alleged
illegal gathering.
On August 21, two independent media consultants published a report
on the media and recommended the creation of a media council and a
media association, as well as a joint consultation committee. The
latter would act as a consultative platform and would settle any issue
between the media council and the media association. The report also
recommended amendments to the libel laws. The media association was
established in August.
There are two privately owned daily newspapers, the The Rising Sun
and The Nation, and a government-owned newspaper, which generally
supported government policies. The Nation gave limited attention to the
opposition and generally ignored news that reflected adversely on the
government. There were three weekly political party newspapers: Regar,
The People, and Le Nouveau Seychelles Weekly.
The law allows the minister of information technology to prohibit
the broadcast of any material believed to be against the ``national
interest'' or ``objectionable.'' The law also requires
telecommunications companies to submit subscriber information to the
government.
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 ($73,320) per year discouraged the
opening of any independent broadcasters. Following the 2006 elections,
the opposition SNP collected funds for the radio licensing fee and
announced plans to apply for a license. Subsequently, and as a response
to the SNP plan, the National Assembly passed an amendment to the
Broadcasting and Telecommunications Act that prevents political parties
and religious groups from obtaining radio licenses. By year's end the
Law and Order Committee, established in 2007, had not made
recommendations on the amendment to the act.
Internet Freedom.--There were no government restrictions on access
to the Internet; however, there were reports that the government
monitored e-mail and Internet chat rooms. Individuals and groups
engaged in the peaceful expression of views via the Internet, including
by e-mail. According to the International Telecommunication Union
statistics for 2008, approximately 38 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 not allowing
academic professionals to reach senior positions in the academic
bureaucracy without demonstrating at least nominal loyalty to the
People's Party. The government controlled faculty appointments to the
Polytechnic and the University of Seychelles, which opened on September
15.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly and
association; however, the government did not always respect it.
On August 28, Regar reported that police denied the SNP permission
to hold a public meeting on private property, claiming that the meeting
would cause annoyance to nearby residents and breach the security and
peace of the area.
Freedom of Association.--The constitution and law provide for
freedom of association; however, the government did not always respect
this right. There were complaints that government officials intimidated
and even dismissed civil servants who participated in opposition party
activities.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Religious groups are not required to register but must apply to the
Ministry of Finance to receive tax exemptions.
Societal Abuses and Discrimination.--The Jewish community numbered
fewer than 10 persons; there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at http://www.state.gov/j/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. Although it was not done during the year, the law allows the
government to deny passports to any citizen if the minister of defense
finds that such denial is ``in the national interest.''
The law prohibits the forced exile of citizens, and the government
did not use forced exile in practice.
Protection of Refugees.--The law provides for the granting of
refugee status or asylum in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol, and the 1969
African Union Convention Governing the Specific Aspects of the Refugee
Problem in Africa, but the government has not established a system for
providing protection to refugees. In practice the government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened 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.--In July 2008 an SNP
candidate won a national assembly by-election by an 87 percent margin.
Only candidates from the SNP and the Democratic Party (DP) contested
the election. There were reports that partisans of the former SPPF (the
present People's Party) harassed opposition supporters in the days
prior to the voting, and both the SNP and DP filed complaints with the
electoral commissioner's office.
The 2007 national assembly elections produced no change in the
balance of power between the ruling party and the opposition SNP.
International observers found the elections to be credible. Minor
complaints of electoral irregularities were filed with the electoral
commissioner.
In 2006 approximately 88 percent of eligible voters elected
incumbent and then-SPPF presidential candidate James Michel with 54
percent of the vote. International observers characterized the
electoral process as credible and well-organized; however, opposition
partisans 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. On August 8, Regar
reported that police denied the SNP permission to hold a public meeting
(see section 2.b.).
The newly renamed 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. Following
the July 2008 cabinet reshuffle, 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 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. There were reports of rewards to People's
Party supporters in the form of job assistance, land distribution, free
building materials, and monetary payments.
Public officials were subject to financial disclosure laws upon
taking office; however, there were no reports that such disclosures
occurred in practice.
An ombudsman has legal authority to investigate and report on
allegations of official fraud and corruption. He investigated 128 cases
during the year involving problems such as labor law litigation, human
rights abuse, and land and property disputes. Only one case involved
allegations of fraud and corruption.
There are laws allowing public access to government information,
although the government did not enforce them, and citizens routinely
did not have access to such information.
Section 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 being aligned with the opposition,
was limited. For example, the government refused to permit CEFRAD and
other local groups to observe the 2006 presidential election or the
2007 legislative elections.
A government-run National Humanitarian Affairs Committee (NHAC)
operated with a range of members from both civil society and the
government. The ICRC acted as a technical adviser to the NHAC.
On March 10, the NHRC was established by law to investigate
allegations of human rights abuse, including those committed by members
of law enforcement agencies. The commission enjoyed the government's
cooperation and operated without government or party interference, had
adequate resources, and was considered effective. It issued a report on
the March Montagne Posee Prison disturbances and recommended additional
staff and training (see section 1.c.).
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. The
government enforced the law effectively and the Family Tribunal issued
500 protection orders related to domestic violence during the year.
Rape was a problem. The police registered 66 rape cases for the year;
however, many rape cases went unreported for fear of reprisal or social
stigma. The Social Affairs Division of the Ministry of Health and
Social Development and Women in Action and Solidarity Organization
(WASO), a local NGO, provided counseling services to rape victims, and
two rape victims received counseling services from the NGO during the
year. At year's end, there were no statistics available for the number
of prosecutions regarding rape cases.
Domestic violence against women was a continuing 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, or the court gave the perpetrator a light sentence.
In 2008 the Ministry of Health and Social Development launched the
2008-12 National Strategy Plan on Domestic Violence. In November GEMSA
Plus, a local NGO working for the rights and empowerment of women,
jointly organized a 16-day campaign against gender violence with the
help of the Ministry of Health and Social Development, and 10 persons
attended a workshop to raise awareness of the different forms of
domestic violence.
Prostitution is illegal but remained prevalent. Any person found
guilty of prostitution may be imprisoned for two years. Police
generally did not apprehend persons for prostitution unless their
actions involved other crimes.
The law prohibits sexual harassment, but it was rarely enforced.
The penal code does not provide any penalty for persons found guilty of
sexual harassment; however, the court can order a person accused of
sexual harassment to ``keep a bond of peace,'' 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 preferred using nurses or midwives
during childbirth as well as prenatal and postnatal care, unless the
mother or child suffered more serious health complications. Men and
women received equal access to diagnosis and treatment for sexually
transmitted infections, including HIV.
Women enjoyed the same rights as men. The society is largely
matriarchal. Unwed mothers are the societal norm, and the law requires
fathers to support their children. There was no officially sanctioned
discrimination in employment, and women were well represented in
business. There 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 are registered immediately. Failure to do so,
however, did not result in the denial of public service.
The government requires children to attend school through the 10th
grade and made free public education available through the secondary
level until age 18.
The law prohibits physical abuse of children; however, child abuse
was a problem and was rarely reported. Sexual abuse of children,
usually perpetrated by stepfathers and older brothers, was a problem.
According to WASO, rape of girls under the age of 15 continued to be a
problem; however, most cases 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.
On April 29, The Nation reported that a local NGO, Young Soldiers
for Christ, observed an increase in prostitution and feared that some
youth could engage in prostitution as a consequence of the economic
downturn.
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.
Trafficking in Persons.--The law prohibits trafficking in persons
for all purposes, and there were no reports that persons were
trafficked to, from, through, or within the country.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
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, or education, or in
the provision of other state services.
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. Some citizens were reluctant to join the Seychelles National
Trade Union (SNTU), a nongovernmental labor union, due to fear of
government reprisal. Unions organized between 15 and 20 percent of the
workforce.
The Seychelles Federation of Workers' Unions (People's Party-
associated) was the only trade union in active operation; the SNP-
associated SNTU ceased operations in 2007. Despite the legal provisions
allowing workers to form and join unions, membership in the SNTU had
continued to decrease because workers feared losing their jobs. The
SNTU claimed that employers did not reinstate workers fired for union
activity.
Strikes are illegal unless arbitration procedures are first
exhausted. Observers noted that the Industrial Relations Act provisions
regarding the holding of strikes hinder unions' right to strike.
b. The Right to Organize and Bargain Collectively.--The law allows
for unions to organize and conduct their activities without
interference. The law provides workers with the right to engage in
collective bargaining, but this seldom occurred. The government has the
right to review and approve all collective bargaining agreements in the
public and private sectors. There was little flexibility in setting
wages. In the public sector, which employed more than 50 percent of the
labor force, the government set mandatory wage rates for employees. The
employer generally set wages in the private sector through individual
agreements with the employee, 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, and there were no
reports of it during the year.
There was one export processing zone, the Seychelles International
Trade Zone (SITZ), with 25 participating companies. Only the Seychelles
Trade Zone Act applied in the SITZ, and the government did not require
the SITZ to adhere to labor, property, tax, business, or immigration
laws.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, 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 ($550) 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 ($213) per
month. Even with free public services, primarily health care and
education, a single salary at the low end of the pay scale did not
provide a decent standard of living for a worker and family. Private
employers generally paid higher wages than the government to attract
qualified workers.
The legal maximum workweek varied from 45 to 55 hours, depending on
the economic sector; in practice some workers worked up to 60 hours per
week. Government employees worked fewer hours. Regulations entitled
each full-time worker to a 30-minute break per day and a minimum of 21
days of paid annual leave. The government permitted workers to work
overtime up to 60 additional hours per month. The government generally
enforced these regulations. The law requires premium pay for overtime
work.
Foreign workers--mainly employed in the construction and commercial
fishing sectors--did not enjoy the same legal protections as citizens.
Companies sometimes paid foreign workers lower wages, forced them to
work longer hours, and provided them with inadequate housing.
The Ministry of Health and Social Development has formal
responsibility for drafting the government's comprehensive occupational
health and safety regulations, and the ministry 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 has
been amended to allow workers to remove themselves from dangerous or
unhealthy work situations, report the employer to the Health and Safety
Commission, and seek compensation without jeopardizing their
employment.
__________
SIERRA LEONE
Sierra Leone is a constitutional republic with a directly elected
president, a unicameral legislature, and a population of approximately
6.4 million. In peaceful 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 whole country.
In 2004 UNAMSIL handed responsibility for security countrywide to the
Republic of Sierra Leone Armed Forces (RSLAF) and Sierra Leone Police
(SLP). In 2005 UNAMSIL withdrew all remaining peacekeepers and
transferred nonpeacekeeping responsibilities to a follow-on
peacebuilding UN mission (UNIOSIL). In 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. Civilian authorities
generally maintained effective control of the security forces.
The government generally respected the human rights of its
citizens. However, there were problems in a number of areas, including:
security force abuse and use of excessive force with detainees,
including juveniles; police theft and extortion; harsh conditions in
prisons and jails; official impunity; arbitrary arrest and detention;
prolonged detention, excessive bail, and insufficient legal
representation; restrictions on freedom of speech and press; forcible
dispersion of demonstrators; widespread official corruption; societal
discrimination and violence against women; female genital mutilation
(FGM); child abuse; trafficking in persons, including children; and
child labor.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security and police forces used excessive
force, stole, extorted, and demanded bribes. The law allows up to 36
lashes as punishment. Although nongovernmental organization (NGO)
sources state that such incidents occurred less frequently than in
previous years, prison guards reportedly beat prisoners with impunity.
No action was taken against the prison warden who severely beat an
inmate in July 2008.
No action was taken in any of the 2007 cases involving police use
of excessive force.
Police use of excessive force to disperse demonstrators resulted in
injuries and death. For example, in September police shot and killed
three persons and injured numerous others after the civilians attacked
the local police station.
Compared to the previous year, fewer men and women were initiated
forcibly into tribal secret societies, a process that for women usually
involved FGM.
Vigilante violence was common in urban areas, particularly for
suspected thieves and unsettled debts. Crowds often set upon suspected
thieves.
By year's end no one had been charged for the March 2008 killing of
a thief in eastern Freetown.
There were continued reports that Guinean troops along the eastern
border harassed local residents.
Prison and Detention Center Conditions.--Prison conditions were
harsh and sometimes life threatening. Overcrowding was a major problem.
The Bureau of Prisons stated that as of October there were 2,317
prisoners in the country, including 112 women. The Pademba Road Prison,
which was designed to house 324 prisoners, held 1,222 as of October,
according to the Bureau of Prisons. In some cases, cells measuring six
feet by nine feet housed nine prisoners. According to UNIOSIL's 2007
assessment of prisons, corporal punishment, solitary confinement,
reduction in food rations, loss of visitor privileges, and loss of
exercise privileges were routine disciplinary measures. In Kabala and
Port Loko Prisons, UNIOSIL reported that officers in charge were
present when guards beat inmates with canes and plastic water pipes.
While such practices continued, NGOs reported that, as in the previous
year, training and monitoring resulted in a reduction in the number of
such incidents.
Human rights observers reported that detention conditions
frequently fell below minimum international standards because of
overcrowding, lack of access to food, unhygienic conditions, and
insufficient medical attention. One NGO noted an improvement in
nutritional standards, but prisoners continued to receive inadequate
portions of food during the year. The Bureau of Prisons received only
2,500 leones ($0.63) per prisoner per day for food rations; increased
food prices throughout the year posed a significant challenge. Prison
cells often lacked proper lighting, bedding, ventilation, and
protection from mosquitoes.
Few prisoners had access to adequate medical facilities, and
clinics lacked supplies and medical personnel to provide services
beyond the basics. Authorities allowed only emergency patients to visit
the clinic outside of the assigned schedule. Women were treated as
outpatients or were referred to the local hospitals for special care.
However, 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.
Local NGO Prison Watch reported that there was a shortage of prison
staff and officers were not paid regularly. Consequently, guards
provided only minimal security, and abuse of prisoners and prison
breaks occurred. Prison Watch received reports that prison guards sold
prisoner food rations to supplement their meager salaries.
Conditions in holding cells in police stations were poor,
especially in small stations outside Freetown. Cells were dark with
little ventilation. However, overcrowding in some police cells somewhat
improved due to magistrate judges deployed to the districts to process
cases.
During the year a total of 36 prisoner deaths occurred allegedly as
a result of anemia, respiratory tract infections, pneumonia, and heart
failure.
Men and women were held in separate cells; however, in many of the
prisons, men and women were held in the same block and shared
facilities. Several prisons held infants, most of whom were born in
prison and continued to be detained there with their mothers. These
children were later released to family members once weaned. Five
children were housed with adult prisoners at year's end, and the first
lady was involved in improving the standard of care for them. 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 no shower facilities, no exercise area, and few
rehabilitation programs.
Although authorities made an effort to prevent detaining juveniles
with adults, minors regularly were imprisoned with adult offenders.
Police sometimes released juveniles suspected of committing crimes to
avoid incarcerating them with adults. At the same time, when questioned
by Prison Watch about detaining juveniles, officers alleged that in
some cases, police officers inflated the ages of juveniles to escape
blame for detaining them. In the three juvenile facilities, detainees
did not have adequate access to food, education, or vocational
training, and sometimes were unable to attend court hearings due to
lack of transportation. The 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 youth was a problem, and small riots occurred
in some facilities. Juveniles housed with adults and then moved to age-
appropriate facilities were often instigators of violence, as the
Justice Sector Development Program (JSDP) noted.
In most cases pretrial detainees were held with convicted
prisoners. According to Prison Watch, only 200 of the 1,222 prisoners
in Pademba Road Prison had been convicted.
The government permitted family visits to prisoners and detainees
regularly during the year. Unlike the previous year, the International
Committee of the Red Cross (ICRC) did not provide a message delivery
service that allowed prisoners housed in all district prisons to
communicate with their families on a quarterly basis.
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.
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.
There were fewer cases of police brutality during the year, but
police corruption was a serious problem, in part exacerbated by low
salaries. There were continued reports that police officers took bribes
at checkpoints, falsely charged motorists with violations, and
impounded vehicles to extort money. Police also accepted bribes from
criminal suspects in exchange for dropping charges or having their
rivals arrested and charged with crimes.
Police 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, and there were several mechanisms available to investigate police
abuses. The Police Complaints Commission and the 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 trust in the organization. There was also
a Police Council composed of 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 junior police officer complaints. 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.
Between January and July the CDIID received 1,281 complaints
countrywide, resulting in at least 291 officers being dismissed,
demoted, suspended, or officially warned. The other cases were at
various stages of investigation or review. The most common complaints
lodged against police were corruption, unfair treatment, lack of
professionalism, and assault. Cases requiring dismissal of an officer
most commonly involved criminal cases or officers fraudulently posing
as 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 be 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 legal
representation; however, due to a lack of financial resources, only 5
to 10 percent of inmates had access to legal representation. Lawyers
generally were allowed unrestricted access to detainees. Although the
constitution provides for legal aid, fewer than 10 state counsels
served the entire country, and they were only available for more
serious criminal cases. 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, however, family members often paid bribes to
facilitate visitation.
There were provisions for bail, and there was a functioning bail
system; however, the bail regime was inconsistent and sometimes
excessive.
Lengthy pretrial detention was a problem. According to Amnesty
International, 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. In one
case, nine years of pretrial detention was ongoing at year's end.
Approximately 60 percent of detainees in prison were in pretrial
detention. On November 10, inmates at the prison in Bo engaged in a
small-scale riot to protest against their lengthy pretrial detentions
and what they considered to be their lack of access to justice.
According to the Open Society Initiative for West Africa, remand
prisoners frequently changed their pleas from ``not guilty'' to
``guilty'' to be removed from the remand section to the better areas of
the prison.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the government generally respected
this provision; however, the judiciary at times was subject to
government influence and corruption.
The judicial system consists of the Supreme Court, Court of Appeal,
High Court of Justice, and magistrate courts in each of the 12
districts and the Western Area. There was also one juvenile court. The
president appoints and parliament approves justices for the courts.
Local chieftaincy courts administer customary law with lay judges;
appeals from these lower courts are heard by the superior courts.
The rotation system between wards in specific districts continued
to improve magistrate presence. However, with inexperienced new
magistrates, high court fees, and fewer than 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 on 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 government and NGO training of traditional elders and an
influx of 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. A majority of cases on the magistrate
level were prosecuted by police officers, many of whom had little or no
formal legal training. Although the law provides defendants with the
right to appeal, the appeals process was delayed excessively, sometimes
for over two years.
Human rights NGOs noted wide disparities in sentencing patterns
from district to district. There were numerous cases in which sentences
imposed were grossly disproportional to the offenses. Many prisoners
were serving excessively long sentences for 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 to falsely legitimize arrests for civil complaints.
Local chieftains at times exceeded their mandates and administered
harsh punishments.
There are a number of civil laws and customary laws that
discriminate against women, and many traditional courts continued to
ignore the rights of women regarding family law and inheritance.
Juveniles are afforded few rights in the traditional justice system.
Trials continued before the Special Court for Sierra Leone (SCSL)
of those bearing the greatest responsibility for crimes against
humanity, war crimes, and other serious violations of international law
committed during the civil war. On October 31, the eight individuals
convicted of war crimes by the tribunal were transferred to Rwanda to
serve their sentences.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Both the central
government judiciary and customary law courts handled civil complaints;
however, corruption influenced some cases and sentencing was
inconsistent. Administrative and judicial remedies were available for
alleged wrongs, but enforcement was difficult. Victims of human rights
abuses have access to the regular courts to seek redress for human
rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
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 practiced self-
censorship.
The government rarely attempted to impede criticism, although some
believed that political figures used sympathetic media outlets to
target their opposition. One editor noted an incident in which high-
level government officials threatened to sue a paper if it did not
retract a critical story. When the paper stood by its reporting, the
officials backed down but asked that the paper publish a progovernment
article to compensate for the bad press. There were also reports of
interference by local government officials in the provinces.
The Attitudinal and Behavioral Change Secretariat, under the
purview of the Office of the President, urged musicians to perform
songs that would help rebrand the country and discouraged disk jockeys
from playing songs critical of the government. This encouraged self-
censorship by radio stations concerned about losing their licenses.
More than 88 newspapers were registered with the Independent Media
Commission (IMC), and during the year many were published in Freetown,
covering a wide spectrum of interests and editorial opinion. Most of
the newspapers were independent, and several were associated with
political parties. Reporting was often politicized and inaccurate, in
large part because of poor journalistic skills, insufficient resources,
and the lack of professional ethics. Corruption among journalists was
widespread. While sometimes subject to official pressure and
restrictions, newspapers openly and routinely criticized the government
and its officials as well as the opposition parties. Newspapers also
libeled individuals.
International media could operate freely but were required to
register with the Ministry of Information and Broadcasting, and the IMC
to obtain a license. Five new local newspapers registered with the IMC
during the year. Although the IMC instituted stricter registration
requirements, 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. The
IMC and the Sierra Leone Association of Journalists (SLAJ) continued to
lobby parliament without success to amend the law, and the SLAJ filed a
lawsuit with the Supreme Court asking it to rule on the law's
constitutionality. On November 10, the Supreme Court upheld the libel
portions of the law. The ruling makes a future repeal of the law in its
entirety difficult since it would give the appearance of executive
interference in judicial independence.
The IMC regulated independent media organizations and generally
demonstrated independence from government influence. During the year
the IMC considered multiple claims of libel or false reporting in
various newspapers, but some members of the media opined that the IMC
failed to exercise its authority effectively or enforce the law.
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) set up radio stations; however, the vice president shut
them down in the wake of the March riots, since they were used to
incite political violence and hysteria (see section 2.b.). The IMC
objected to this unilateral action, although the executive branch has
the power to make such decisions if national security is at stake. The
IMC ultimately approved the decision, and the stations remained closed
at year's end. UN Radio provided additional coverage of news and other
current events.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
There were at least five Internet service providers in the country. In
Freetown there were many Internet cafes but few in rural areas due to
infrastructure constraints. According to International
Telecommunications 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,
and the government generally respected this right in practice. As in
the previous year, there were no reports that the government monitored
or prevented opposition meetings.
On March 13 and 16, riots occurred outside and within the SLPP
party headquarters. Ruling APC and opposition SLPP supporters clashed
on both occasions, and APC supporters stormed the SLPP building,
destroyed furniture and equipment, and burned vehicles. Women were
allegedly raped during the March riots and many criticized police for
their perceived inability to handle the event. Some police officers
allegedly colluded with the rioters. An independent investigation
concluded there was insufficient evidence to prove the rape charges,
and complaints made against the police to the CDIID were forwarded to
the Department of Public Prosecutions for possible civil legal action.
At year's end there were no further developments.
On other occasions police forcibly dispersed demonstrators,
resulting in injuries. Police occasionally were unable to control
violence, and demonstrators at times attacked police stations.
In September a community angry at perceived police ineffectiveness
in handling a recent crime spree attacked a small local station; one
officer opened fire on the crowd, killing three. The situation remained
under investigation at year's end.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right in practice; however, there were some reports that the government
under the ruling APC denied members of opposition parties the right to
demonstrate publicly against government policies.
Freedom of Religion.--The constitution and law provide for freedom
of religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
discrimination against members of religious groups. In April a church
was burned in Kambia Province, but a subsequent government
investigation revealed that the cause of the incident was community-
based secular strife, rather than religious intolerance.
There reportedly was a small Jewish community; there were no
reports of anti-Semitic acts.
An application filed in 2006 to the Inter-Religious Council for
official recognition of the approximately 20 Jews in Makeni lapsed
during the year.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at http://www.state.gov/j/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 laws provide for the granting of
asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol, and the 1969
African Union Convention Governing the Specific Aspects of the Refugee
Problem in Africa. The government has established a system for
providing protection to refugees and has cooperated with the UN High
Commissioner for Refugees (UNHCR) and other organizations in assisting
refugees.
The law provides for refugee status as defined by international
convention to be granted to eligible asylum seekers. The 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 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.
There were no further developments in the 2007 sexual abuse case of
two Liberian refugee minors or the rape of host community minors by a
refugee in Tobanda Refugee Camp.
There were no reports of discrimination against refugees with
regards to employment, access to social services, and arbitrary arrest.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, and generally free and fair elections based on
universal suffrage.
Elections and Political Participation.--In peaceful presidential
and parliamentary elections held in August and 2007, the opposition APC
won a majority in parliament, with party leader Ernest Bai Koroma
elected president. There were multiple reports of harassment and
intimidation of members of opposition parties. There were also reports
of voter coercion by party bosses and traditional leaders. Domestic and
international observers characterized the elections as generally free
and fair, noting that irregularities did not affect the outcome.
The Political Parties Registration Commission (PPRC), which
governed the behavior of political parties, does not have the authority
to sanction any political party for inappropriate behavior. It received
ten inter- and intra-party complaints during the year and acted as a
mediator to address the problems. The PPRC can only use moral suasion
to convince people 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 paramount chief
elections during the year. The election of paramount chiefs at times
exacerbated ethnic tensions.
Women are permitted to vote, but husbands or other patriarchal
figures are known to influence their decisions. Of the 124
parliamentarians, 16 were women. Women held two 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. Only citizens can vote, and the law
restricts the acquisition of citizenship at birth to persons of
``patrilineal Negro-African descent.'' Legal requirements for
naturalization effectively denied citizenship to many long-term
residents, and a large number of persons of Lebanese ancestry who were
born and resided in the country could not vote. While a small
percentage of the Lebanese population was naturalized during a previous
period of government leniency, some insisted that naturalization
implied second-class citizenship and refused to vote.
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 included approximately 30
percent of the population. The Mende traditionally supported the SLPP
and the Temne the APC. Other than ethnic Limbas, the third most
populous ethnic group who traditionally have supported the APC, the
country's other ethnic minority groups had no strong political party
affiliations. The new cabinet consisted of 11 Temnes, two Mendes, two
Fullah, two Limbas, and three Krios.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government attempted to implement the law effectively. Corruption
in the executive, legislative, and judicial branches was widespread,
and officials sometimes engaged in corrupt practices with impunity. 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 Anticorruption Commission (ACC) made some progress in curbing
corruption during the year and in improving transparency by enforcing
the new offenses, tougher penalties, and broader prosecutorial powers
of the law.
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. In September the
ACC released a report with a number of recommendations for the Ministry
of Education noting in particular the presence of ``ghost teachers,''
aid mismanagement, and illegal charges.
On November 4, the ACC indicted the Minister of Health and
Sanitation, Sheiku Tejan Koroma, on three charges of corruption,
including abuse of public office, abuse of public position, and failure
to comply with government procurement laws and policies. At year's end
the minister was on administrative leave while the court addressed the
matter. This was the first time the ACC had indicted a sitting member
of government or used the abuse of public office and public position as
offenses.
On December 21, a press release from State House announced that the
commissioner general of the National Revenue Authority was ordered on
leave pending an investigation by the ACC. There were no further
developments at year's end.
During the year the ACC recovered more than two billion leones
($500,000) from public officers and private business officials as
settlement for corruption-related cases. Many cases either were settled
out of court, or defendants chose to pay fines rather than face a
custodial sentence. The ACC also convicted prominent government
workers, including education officials and the former ombudsman. During
the year a total of 10 cases of corruption were forwarded to the
Ministry of Justice for authorization to prosecute; five received
authorization, and five were pending at year's end.
The law also provides for public officers, their spouses, and
children to declare their assets and liabilities to encourage integrity
in public life. The president declared his assets the day the law came
into force in 2008, and all other public servants were required to
declare their assets before year's end. While this process was
significantly delayed, most government agencies complied fully by
year's end.
There is no provision in the law for public access to government
information; however, the government at times provided access to
citizens and noncitizens, including foreign media.
Section 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 National Forum for Human Rights (NFHR) served as an umbrella
organization for human rights groups in the country. There were 41
human rights NGOs registered with the NFHR, and all reportedly were
active. Most domestic human rights NGOs focused on human rights
education. A few NGOs, including the Campaign for Good Governance,
LAWCLA, and Access to Justice, monitored and reported on human rights
abuses.
Human rights monitors traveled freely throughout the country.
Representatives of international and domestic NGOs, foreign diplomats,
and UN human rights officers monitored trials and visited prisons and
custodial facilities during the year.
The National Human Rights Commission generally operated without
government interference; however, government agencies were slow to
support the commission, and it also was hampered by lack of funds. The
commission's annual report on the status of human rights recommended,
among other things, abolishing the death penalty, repealing the Public
Order Act, allowing the IMC to operate without interference,
introducing a temporary court to address case backlogs, increasing
funding for agencies and NGOs involved in human rights, and making the
protection of women's and children's rights a priority.
The Parliamentary Human Rights Committee was active in protecting
human rights, and it operated without government or party interference.
The committee 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 resumed in January and was ongoing at year's end.
The trial phase of the case against Revolutionary United Front
leaders Issa Sesay, Morris Kallon, and Augustine Gbao ended in 2008,
and the judgment delivered in February found Sesay and Kallon to be
guilty on 16 counts and Gbao guilty on 14 counts of war crimes, crimes
against humanity, and other serious violations of international
humanitarian law. The October 26 appeals judgment upheld all 16 counts
against Sesay and Kallon but overturned Gbao's conviction for
collective punishments. The appeals court also found Gbao not guilty of
one of the two attacks on UN peacekeepers. The judgment did not impact
the sentences of 52, 40, and 25 years for Sesay, Kallon, and Gbao
respectively.
Recommendations were being implemented of the Truth and
Reconciliation Commission (TRC), established to provide a forum for
publicly airing the grievances of victims and the confessions of
perpetrators during the civil war. The Human Rights Commission
continued its work, including efforts at enforcement of the Child
Rights Bill, and three gender bills. There was increased use of its
human rights violations reporting system. The government took steps to
implement a reparations program for the victims of the conflict as
recommended by the TRC. Efforts were underway to establish a trust fund
for war victims. However, many NGOs continued to be disappointed at the
slow implementation of some of the TRC recommendations, such as the
trust fund and separating the positions of attorney general and
minister of justice, which would require 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 ``patrilineal 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. This reluctance to pursue justice
for women, combined with a lack of women's income and economic
independence, helped perpetuate a cycle of violence and a culture of
impunity for violence against women. Since the establishment of the
Family Support Units (FSUs) and the passage of the Gender Acts in 2007,
however, reports of rapes, especially involving child victims, steadily
increased. Rapes of children as young as a few months old were
documented. An NGO providing services to rape victims reported that 6
to 7 percent of the cases seen involved victims under age five. Rape
victims, especially when pregnancy occurred, were encouraged to marry
their attackers, although some NGOs reported that this practice
appeared to be waning.
During the year the FSU recorded 1,186 cases of sexual assault. In
these cases, 437 perpetrators were charged, while 555 were still under
investigation. The International Rescue Committee (IRC) reported that
at least 25 cases resulted in convictions, with perpetrators receiving
sentences between 18 months and seven years. Rape cases frequently were
settled out of court or did not make it to trial because of
inefficiencies in the judicial system. Most legal advisors assigned to
prosecute rape cases had only three weeks' training and could not
compete against well-trained defense lawyers. Most perpetrators were
known to their victims and included teachers, family friends,
relatives, 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 to file charges,
and for 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. During the year
the Rainbo Centers worked with 1,235 sexual assault clients, the vast
majority of whom were 11-15 years old, with almost all under 20 years
of age. Approximately 7 percent of the victims were between one and
five years old, with the youngest client only one year old at the time
of the incident.
Domestic violence against women, especially wife beating and rape,
was common and often surrounded by a culture of silence. The police
were unlikely to intervene in domestic disputes except in cases
involving injury or death. The SLP used mediation as their primary tool
for handling domestic violence, although the law provides for up to two
years' imprisonment and a fine up to five million leones ($1,272), or
both. During the year the FSUs noted that 2,738 women reported domestic
violence. In these cases, 360 perpetrators were charged, and 1,434 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. Awareness of the law has resulted in an increase in
reported cases in urban areas; however, most human rights organizations
note that domestic violence continues 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 domestic beating was justified for actions
such as going out without telling a husband, neglecting the children,
refusing sex, or burning food. Women suspected of marital infidelity
often were subjected to physical abuse. Because husbands could claim
monetary indemnities from their wives' partners, beatings often
continued until the women named several men, even if there were no such
relationships. There were also reports that women suspected of
infidelity were required to undergo animistic rituals to prove their
innocence.
Prostitution was widespread and not prohibited by law; however,
prostitutes occasionally were arrested and charged with loitering or
vagrancy. Many women and girls, particularly those displaced from their
homes and with few resources, resorted to prostitution to support
themselves and their children.
Sexual harassment is not specifically prohibited by law, and it was
widespread.
Women and men generally were free to decide 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. The Ministry of Health and
Sanitation reported 128,000 new 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 did their best to
meet the demand for oral contraceptives, but government shipments
frequently were pilfered. Rural women and families rarely were served
by outreach teams. Organizations also battled misconceptions about
family planning, particularly in rural areas; many parents believed
contraceptives would prevent pregnancy later in life and refused
treatment for their sexually active teenage children.
Approximately 25 percent of women gave birth in hospitals,
according to a 2008 government study, and 45 percent were delivered by
a health professional. Urban mothers were more than twice as likely to
receive medical assistance during delivery as rural mothers (67 versus
33 percent). However, few hospitals in each district offered the full
array of 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.
Women were more frequently diagnosed 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 law on customary marriages and divorce 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 law 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
often 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.
Throughout the year the Ministry of Social Welfare, Gender, and
Children's Affairs rolled out its action plan for the implementation of
the law, but little progress was made beyond sensitization. At year's
end the government had not given the forms or training to paramount
chiefs and local magistrates to register persons under the law, nor had
it implemented any of the Acts.
Women faced widespread legal and societal discrimination,
particularly in matters of marriage, divorce, property, and
inheritance, which are guided by customary law in all areas except for
the capital. Formal laws apply in customary as well as formal courts,
but customary judges had limited or no legal training and often were
unaware 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
tribe, there were several female leaders. Every local council had at
least one female representative.
Women did not have equal access to education, economic
opportunities, health facilities, or social freedoms. In rural areas
women performed much of the subsistence farming and had little
opportunity for formal education. 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, 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, the government cut
the ministry's budget despite increasing its responsibilities. Most
international and domestic NGOs complained that the ministry lacked the
resources, infrastructure, and support of other ministries to 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 the lack of
gender equality and other women's issues, and they encouraged women to
enter politics as candidates for mayoral positions and local councils.
Children.--Citizenship is derived by birth to Sierra Leonean
parents and restricted to persons of ``patrilineal Negro-African
descent.'' Children not meeting the criteria must be registered in
their parents' countries of origin.
Birth registration was not universal; however, lack of registration
did not impact access to public services.
Primary school education is tuition-free countrywide, and secondary
school education is tuition-free for girls in the north. However, many
parents were unable to put their children through primary school
because they could not afford school uniforms, books, and fees charged
by school authorities. The average educational level for girls was
markedly below that of boys, and only 25 percent of women were
literate. At the secondary level, pregnancy forced many girls out of
school. New laws were enacted to allow girls to return to school after
giving birth, but many communities did not abide by these.
Sexual violence against children was a growing problem, and 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
accept 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.
No law specifically prohibits FGM, and it was practiced widely.
However, NGOs reported a decline in the practice, likely due to
increased awareness and interventions. UNICEF and other groups
estimated that 80 to 90 percent of women and girls had been victims of
the practice. FGM was practiced on girls as young as two years old, and
many NGOs reported cases in which toddlers underwent FGM because their
young age made it cheaper for parents.
Although police occasionally detained practitioners on accusations
of forced mutilation or manslaughter, human rights workers reported
that police remained hesitant to interfere in cultural practices. The
FSUs successfully rescued several girls in Bo and Kenema who were about
to be forcibly mutilated.
The investigation into the October 2008 death of a 10-year old girl
in Port Loko District claimed that there was no proof that FGM caused
the death.
It is illegal to subject anybody 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; however, the
law does not explicitly address FGM. The law prohibits marriage of
girls under the age of 18, including forced marriage. Despite the new
legislation, forced child marriage continued to be a problem. UNICEF
estimated that 62 percent of females under the age of 18 were married.
The law also provides 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 October the FSU reported 136
cases of child cruelty, of which nine had been charged in court. There
were no convictions.
Child prostitution continued to be a 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.
The number and plight of street children were problems. Many were
forced to engage in prostitution, in addition to petty trading and
other economic activities to survive and were vulnerable to trafficking
and other exploitive practices.
According to UNICEF there were 54 residential homes for 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.
Trafficking in Persons.--The law prohibits trafficking in persons
for all purposes; however, there were reports that persons were
trafficked to, from, and within the country.
The country continued to be a source, transit point, and
destination for internationally trafficked persons. The majority of
victims were women and children, and the majority of traffickers were
family members or friends who lured victims from their home villages
with false promises of education, care, or employment. Orphaned
children were the most vulnerable population for trafficking. There was
no evidence of trafficking through employment agencies, organized
crime, or marriage brokers. NGOs reported that boys increasingly were
becoming victims but were generally unnoticed because they were not the
targets of sexual exploitation. However, boys were more likely than
girls to attempt to escape from traffickers or seek help.
Reports indicated that women and children were trafficked from the
provinces to work in the capital or in diamond areas as laborers and
commercial sex workers. Persons were trafficked from neighboring
countries for forced domestic and street labor, forced begging, and for
sexual exploitation. Persons were trafficked out of the country to
destinations in West Africa, including Liberia and Nigeria for labor
and sexual exploitation; persons were also trafficked to Lebanon,
Europe, and North America; and the country also served as a transit
point for persons trafficked from elsewhere in West Africa. According
to a center for street children, 80 to 90 percent of the cases they
dealt with involved internal trafficking.
A person convicted of trafficking could be sentenced up to 10 years
in prison. During the year the FSUs reported 38 cases of human
trafficking, of which more than half were girls under the age of 16. In
the cases reported, 12 individuals were charged with trafficking, but
none was convicted.
In October Abdul Aziz Bandu was sentenced to 22 years for
trafficking, harboring, and sexually exploiting three girls in Bo.
There were no further developments in the 2007 case of two minors,
Abu Bakarr Koroma and Nasira Mansaray, who were arrested for
trafficking a five-year-old boy.
A number of government agencies, including the SLP, Ministry of
Social Welfare, Gender, and Children's Affairs, the Immigration
Department, and the Office of National Security, are responsible for
combating trafficking. The government assisted in reintegrating
trafficking victims when requested. There were no known requests for
assistance with international investigations or extraditions.
Document fraud was common and government registry officials,
police, immigration officials, and border guards frequently accepted
bribes. Although there was no proof that forged documents were used to
facilitate trafficking, government officials who forged documents such
as birth, marriage, and death certificates rarely suffered punishment.
The country's only shelter for trafficking victims, run by the
International Organization for Migration, closed during the year due to
lack of funding, negatively impacting the efficacy of the victim
referral network. The shelter had served 24 victims at the time of
closure.
Government officials continued to work with NGOs on trafficking-
related issues and attended NGO training sessions on trafficking. The
Ministry of Social Welfare, Gender, and Children's Affairs and the SLP
publicly supported NGO antitrafficking efforts. However, the
trafficking secretariat established by the 2005 law was yet to be
funded, and the three-year work plan developed by the antitrafficking
task force remained largely unfunded.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/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.
There was no outright discrimination against persons with
disabilities in employment, education, access to health care, or in the
provision of other state services. However, given the high rate of
general unemployment, work opportunities for persons with disabilities
were few, 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 against people with mental health
issues. The Kissy Mental Hospital served approximately 125 residential
patients and 4,000 outpatients, although it was believed that more than
400,000 citizens need psychiatric care. The hospital lacked beds and
mattresses for its patients and could not provide sufficient food to
sustain them. The hospital used expired medications, did not provide
rehabilitative therapy, and had no running water and only sporadic
electricity due to a lack of financial resources. Patients were chained
to their beds until they proved that they are not destructive, and
sexual violence and consensual sex between patients was common since
there were no barriers between the men's and women's wards.
The Ministry of Health and Sanitation is responsible for providing
free primary health care services to people 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 people 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 is meant to
provide policy oversight for issues impacting people with disabilities
but has limited capacity to do so.
Some of the many individuals maimed in the civil war, including
those who had their limbs amputated by rebel forces, received special
assistance from local and international humanitarian organizations.
Such programs involved reconstructive surgery, prostheses, and
vocational training to help victims acquire new work skills; however,
amputees complained that they did not receive sufficient assistance
compared to former combatants, who received aid through the
demobilization process. In response to TRC recommendations, the
government accepted in principle the need to develop an aid program for
war wounded, amputees, and victims of sexual violence; however,
assistance to these groups remained limited and mostly funded by
outside entities.
National/Racial/Ethnic Minorities.--The ethnically diverse
population 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, armed forces, and business.
Complaints of ethnic discrimination in government appointments,
contract assignment, and military promotions were common with the
former SLPP and current APC ruling parties.
Residents of non-African descent faced institutionalized political
restrictions. Legal requirements for naturalization, such as continuous
residence in the country for 15 years, or the past 12 months and 15 of
the previous 20 years, effectively denied citizenship to many locally
born residents, most notably members of the Lebanese community.
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 attempts of the crime. However, the law was not
enforced in practice due to the secrecy surrounding homosexual conduct
and the tendency for communities to handle the issue through
discrimination rather than enforcement.
There are only a few organizations working to support gay,
bisexual, lesbian, and transgender persons. Because such individuals
were not culturally accepted, particularly among men, the groups must
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, both for young and mature 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.
An NGO reported that a woman had recently been beaten by her
common-law partner when her HIV status was discovered. However, 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 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 for a lawful
strike.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and the government protected this
right in practice. Collective bargaining must take place in trade group
negotiating councils, each of which had an equal number of employer and
worker representatives. Collective bargaining was widespread in the
formal sector, and most enterprises were covered by collective
bargaining agreements on wages and working conditions. No reliable data
was available on the percentage of workers covered by collective
agreements.
The law does not prohibit antiunion discrimination against union
members nor employer interference in the establishment of unions;
however, during the year there were no reports of such occurrences.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, the
government did not effectively enforce the law. 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.
d. Prohibition of Child Labor and Minimum Age for Employment.--
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.
Children aged 15 may be apprenticed (provided they have finished
schooling) and employed full-time in nonhazardous work. The law also
proscribes work by any children under 18 between 8 p.m. and 6 a.m. The
law sets health and safety standards and requires school attendance
through the age of 15, but the government did not enforce this. Many of
the laws were not enforced because of lack of knowledge, societal
perception of children's roles, and poverty.
In many cases children worked alongside parents or relatives, and
these children abandoned educational or vocational training. There were
no reports that authorities conducted any child labor inspections
during the year.
In rural areas children worked seasonally on family subsistence
farms. Children also routinely assisted in family businesses and worked
as petty vendors. Adults engaged street children to sell, steal, and
beg. Because the adult unemployment rate remained high, few children
were involved in the industrial sector or elsewhere in the formal
economy.
There were reports that foreign employers hired local children to
work as domestic laborers outside the country at extremely low wages
and in poor conditions. The Ministry of Social Welfare, Gender, and
Children's Affairs was responsible for reviewing the issuance of
passports to minors but did not do so effectively, and the prevalence
of document fraud made effective government oversight difficult.
There were reports that children whose parents sent them to friends
or relatives in urban areas for education were forced to work on the
street. There also were reports that adults asked orphanages for
children to be used as household help.
Many girls, particularly those displaced from their homes and with
few resources, resorted to prostitution as a means to support
themselves.
In remote villages children are made to carry heavy loads as
porters, resulting in stunted growth and development. Children are also
engaged in sand mining, fishing, hawking, diamond mining, 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 on a limited
basis 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 non-financial support to
programs that provided free schooling and services to at-risk youth.
e. Acceptable Conditions of Work.--The national minimum wage,
covering all occupations including in the informal sector, was set at
25,000 leones ($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 lacked the funding to enforce them properly. Trade
unions provided the only protection for workers who filed complaints
about working conditions. Initially a union could make a formal
complaint about a hazardous working condition. If this complaint was
rejected, the union could issue a 21-day strike notice. However, no
such actions were reported during the year. 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,
was 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 an expanded Transitional Federal
Parliament (TFP) extended the TFG's mandate until August 2011. For the
first time, the Transitional Federal Institutions were all located in
Mogadishu after the TFP relocated from Baidoa in February.
---------------------------------------------------------------------------
\1\ The United States does not have diplomatic representation in
Somalia, and U.S. government personnel were not permitted to travel
regularly into any of the territory of the former state of Somalia
during the year. This report draws in large part on non-U.S. government
sources.
---------------------------------------------------------------------------
A political process to establish peace and stability in the country
progressed as the TFG and the Alliance for the Reliberation of Somalia
continued to implement the terms of the Djibouti Agreement, signed in
August 2008; however, significant problems remained. The withdrawal of
Ethiopian National Defense Forces (ENDF) opened the political space for
elections and the establishment of a new TFG administration led by
President Sheikh Sharif Sheikh Ahmed. The TFG assumed control of some
of the strategic positions in Mogadishu formerly occupied by ENDF
personnel, but other antigovernment groups, including al-Shabaab, moved
into many of the former ENDF sites in the South Central Somalia.
Fighting by TFG troops, allied militias, and African Union Mission in
Somalia (AMISOM) forces against antigovernment forces, terrorist
groups, and extremist elements increased and resulted in widespread
human rights abuses, including the killing of thousands of civilians
(estimates vary widely), the displacement of more than one million
persons, and widespread property damage, particularly in Mogadishu. The
larger clans had armed militias at their disposal, and personal
quarrels and clan disputes frequently escalated into killings. Targeted
assassinations continued. While roadside bombings became less frequent,
there was an increase in suicide bombings reported during the year.
There were eight suicide bombings that targeted TFG officials and
offices and AMISOM installations. Civilian authorities allied with the
TFG gained some control over security forces in Mogadishu but did not
maintain effective control of the security forces in other areas.
Elected civilian authorities in Somaliland and Puntland maintained
significantly more control over security forces in their respective
regions.
The TFG's
RESPECT FOR HUMAN RIGHTS
improved. It appointed a human
rights focal point and participated in international efforts to
encourage better human rights practices; however, the poor human rights
situation deteriorated further during the year, especially in the areas
controlled by al-Shabaab and allied extremist groups. Also contributing
to the worsening picture was the absence of effective governance
institutions and rule of law, the widespread availability of small arms
and other light weapons, and continued conflicts. As a consequence,
citizens were unable to change their government through peaceful,
democratic means. Human rights abuses included unlawful and politically
motivated killings; kidnappings; torture, rape, amputations, and
beatings; official impunity; harsh and life-threatening prison
conditions; and arbitrary arrest and detention. In part due to the
absence of functioning institutions, perpetrators of human rights
abuses were rarely punished. Denial of fair trial and limited privacy
rights were problems, and there were restrictions on freedoms of
speech, press, assembly, association, religion, and movement.
Discrimination and violence against women, including rape; female
genital mutilation; child abuse; recruitment of child soldiers;
trafficking in persons; abuse of and discrimination against clan and
religious minorities; restrictions on workers' rights; forced labor,
including by children; and child labor were also problems.
According to Mogadishu-based human rights organizations, the TFG
showed some improvements in its human rights practices: it was not
responsible for politically motivated killings, executions, or
disappearances. Allegations against its security forces decreased, and
its police and prison personnel were generally responsive on human
rights problems. This improvement occurred amid an overall
deterioration in the human rights situation of the country, including
in Somaliland and Puntland.
In a July report, the international nongovernmental organization
(NGO) Human Rights Watch stated that the ``Somaliland administration
committed human rights violations and generated a dangerous electoral
crisis.''
In March 2008 the UN Independent Expert on the Situation of Human
Rights in Somalia (UNIE) noted that despite the overall deteriorated
situation, incremental improvements in human rights awareness were
taking place in some areas of the country. UNIE's September 17 report
to the UN General Assembly accused extremist groups of fueling violence
by dashing opportunities for peace presented by the Djibouti peace
process and the withdrawal of ENDF personnel, and by not taking
advantage of the opening provided by the TFG's adoption of Shari'a
(Islamic law).
Members of antigovernment groups, extremist groups, and terrorist
organizations like al-Shabaab, some of whose members were affiliated
with al-Qa'ida, committed an increasing number of egregious human
rights violations, including killings of TFG members 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.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were some
reports that the government or its affiliated militia committed
arbitrary or unlawful killings, but fewer than during the prior two
years.
Fighting between TFG forces and its allied militias against
antigovernment groups resulted in at least 1,000 civilian deaths in the
south central region, particularly in Mogadishu. Political killings and
assassinations also occurred (see section 1.g.).
Politically motivated killings by antigovernment groups, extremist
elements, and terrorist organizations resulted in the deaths of
approximately 10 senior TFG officials, fewer than in previous years
(see section 1.g.).
Prominent peace activists, clan elders, and their family members
became targets and were either 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 able to punish the perpetrators. Reports indicated that al-
Shabaab and its affiliated militias were behind many of these killings.
On January 1, al-Shabaab killed Abdullahi Abdi Egal, a National
Reconciliation Commission member in Baidoa. He is believed to have been
targeted for his role as a commissioner and for his association with
the TFG. On March 30, gunmen killed Abdurrahman Mohamud Jimale
``Shifti'' and two others in Mogadishu. On April 15, unknown gunmen
killed Abdullahi Isse Abtidoon, a member of Parliament (MP), in
Mogadishu. Both Shifti and Abtidoon were actively involved in peace and
reconciliation efforts between the newly reconstituted TFG and opposing
extremist groups. On August 16, masked armed men killed Omar Ali Alasow
``Fiasco,'' an aid worker and former army colonel, in Mogadishu. On
September 7, assailants killed Ali Ahmed ``Irro,'' a prominent
Mogadishu elder and spokesman for the pro-TFG faction of Hawiye elders.
Irro was consistently critical of al-Shabaab and allied extremists for
their violent activities. Also on September 7, al-Shabaab militia
beheaded Ugas Adan Nur Matan ``Madobe,'' a traditional elder in the
Bakool Region, for allegedly making telephone contact with a TFG
official. On several occasions, al-Shabaab leaders issued death threats
against anyone working for or suspected of having links with the TFG.
On April 20, gunmen pursued and shot at Ahmed Diriye, a prominent clan
elder and spokesperson. Diriye escaped the assassination attempt and
blamed al-Shabaab for the attack. As in all previous killings of peace
activists, the perpetrators had not been arrested by year's end.
Unlike in previous years, 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.
Use of excessive force by Somaliland government forces resulted in
the deaths of demonstrators during the year (see section 2.b.).
There were no reports of government forces deliberately killing
street children. Some 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 February 22, al-
Shabaab fired upon peacekeepers, resulting in the death of 11 Burundian
soldiers. On July 11, al-Shabaab mortar attacks on Villa Somalia killed
three AMISOM peacekeepers. Several other mortar attacks on the
president's residence landed in surrounding neighborhoods, causing
civilian deaths, injuries, destruction of property, and displacement.
Al-Shabaab instigated clashes with the TFG in Mogadishu--these were
most intense in May and June, killing an estimated 500 persons and
displacing another 250,000 from their homes. In the second half of the
year, al-Shabaab launched almost daily attacks on TFG-controlled areas,
and local human rights organizations held the group responsible for
killings, injuries, torture, and abuse of the civilian population.
Resultant AMISOM and TFG counterattacks involving street combat and
mortar attacks also caused civilian deaths.
On April 27, a mortar attack on the parliament building in
Mogadishu killed a police officer and three school children and wounded
several other persons. On May 17, mortar attacks on the police academy
killed and wounded civilians in the vicinity. On September 11, groups
associated with al-Shabaab launched mortar attacks on a disabled
veterans home, killing an estimated 11 and wounding 20; al-Shabaab
claimed responsibility.
During the year fighting among armed moderate and extremist
religious factions, as well as between extremists, caused hundreds of
civilian casualties and displacements. In January, for example, clashes
between Ahlu Sunna Wal Jama'a (ASWJ), a historically nonpolitical
moderate Islamic organization, and al-Shabaab in Galgadud Region killed
an estimated 100 persons and displaced 160,000. On October 1, clashes
in Kismayo between al-Shabaab and Hisbul Islam, armed antigovernment
groups that had previously been allied against the TFG, killed an
estimated 30 persons and wounded 100.
Senior members of the TFG were killed. On March 11, General Ubaid
Ali was killed in a roadside explosion in Mogadishu's Shibis District.
General Ali served as head of security for two former prime ministers.
Two of Ali's security guards and his brother, riding with him, also
were killed.
On June 18, al-Shabaab claimed responsibility for a suicide car
bomb explosion at a Beledweyne (Hiraan Region) hotel. The explosion,
which destroyed the hotel, killed an estimated 40 persons and wounded
100. Among those killed were prominent TFG political and security
officials, including Minister of National Security Omar Hashi, clan
elders, and community leaders.
On December 3, a suicide bombing of Benadir University's graduation
ceremony at Hotel Shamow in Mogadishu killed 22 persons, including
three TFG ministers. Minister of Health Qamar Aden Ali, Minister of
Education Ahmed Abdullahi Sheikh Mohamed ``Wayel,'' and Minister of
Culture and Higher Education Ibrahim Hassan Addow were killed along
with graduating medical students, professors, journalists covering the
event, and graduates' family members. The explosion also wounded more
than 60 persons.
During the year Puntland officials were also killed. On April 26,
gunmen killed Yasin Said Hussein, governor of Puntland's Karkaar
Region, while he was on a mission to mediate between two warring
subclans. On April 29, the Puntland Intelligence Service chief in Mudug
Region was killed by a roadside bomb in Gaalkacyo Town. On August 5,
unidentified gunmen killed Puntland Minister of Information Warsame
Abdi Shirwa when they opened fire on his car in Galkayo. The minister
was part of a team preceding the Puntland president's planned trip to
address residents on security issues.
Other TFG officials were injured. Minister of the Interior
Abdikadir Ali Omar was wounded in a roadside bomb explosion near Bakara
market; also his assistant was killed and one of his guards was
wounded.
Islamic extremists trying to impose strict social edicts killed
several persons.
During the year unknown assailants killed several prominent
persons.
During the year unknown assailants killed two journalists and media
owners (see section 2.a.).
Attacks on humanitarian workers, NGO employees, and foreign
peacekeepers resulted in deaths during the year (see section 5).
During the year hundreds of civilians were killed in inter- or
intraclan militia clashes. The killings resulted from clan militias
fighting for political power and control of territory and resources,
revenge attacks, banditry and other criminal activities, private
disputes over property and marriage, and vendettas after such incidents
as rapes, family disagreements, killings, and abductions. With the
breakdown of law and order, 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.
Tension remained high in Galkayo with intermittent gunfights
between clan militias. After a July 20 clash in Galkayo, several
prominent persons were killed in retribution attacks.
Between July and September, intraclan conflict in Harar Dhere,
Mudug Region, resulted in the deaths of an estimated 20 persons and
injuries to numerous others. On August 5, intraclan fighting killed
five persons; on September 6, six others were killed in the same area.
These deaths followed the collapse of clan elders' conflict mediation
efforts. During the year recurrent intraclan conflicts caused several
deaths along the border of Hiraan and Middle Shabelle regions.
On August 12, a land- and water-related dispute between two
subclans in Ufweyn and Qandala districts of Puntland's Bari Region
resulted in the killing of five persons and wounding of several others.
The dispute further escalated, killing an estimated 40 persons and
wounding several others during the year. In late September President
Farole visited the areas of conflict to bolster conflict mediation
efforts by local political and traditional leadership. On October 21, a
delegation of Puntland elders and government officials led by President
Farole returned to Ufweyn with a set of binding resolutions for all
parties to the conflict.
In April five persons were killed in disputes over the El-Berdaale
farming land in Gabiley, Somaliland. More than 100 clan elders went to
Kalabeyd, used traditional mediation strategies, and brokered a
ceasefire. In a related incident on July 11, unidentified militia
members stopped travelers along the Borame-Gabiley road; they took 10
hostages and summarily executed four of them. Somaliland authorities
did not make any arrests in connection with the killings. Clan elders
sought to capture and hand over the suspects to police.
No action was taken against members of the security forces or
militias who committed killings in 2008 or 2007, and there was no
progress in the investigations of killings reported in previous years.
Land mines throughout the country caused numerous civilian deaths
(see section 1.g.).
b. Disappearance.--There were no reports of politically motivated
disappearances, although cases could easily be concealed due to
continuing chaos in the country. Abduction as a tactic in clan disputes
or to attain political ends was less frequent. The Somali NGO Safety
Preparedness and Support Program reported a decreased incidence of
kidnapping, in part because of fewer international staff in the
country.
During the year there was a decrease in kidnappings by militia
groups and armed assailants who demanded ransom for hostages. The
majority of reported kidnappings were in the southern regions,
especially in areas surrounding Mogadishu, where ransoms allegedly
funded purchases of weapons and ammunition. Seven aid workers and NGO
workers were kidnapped during the year (see section 5).
Maritime piracy and the kidnapping of crews declined in the first
half of the year in the Gulf of Aden as a result of international
antipiracy efforts and seasonal winds that reduced all offshore
maritime traffic; however, piracy increased in the second half of the
year and continued to complicate humanitarian efforts to provide
essential commodities to thousands of IDPs (see section 1.g.).
During the year there were no investigations or actions taken
against the perpetrators of any kidnappings. Several persons who were
abducted in 2008 were released. On January 15, kidnappers released
Abdifatah Mohamed Elmi, a local journalist kidnapped with two foreign
journalists in August 2008 along the Mogadishu-Afgoye road; the two
foreign journalists were freed on November 25. On August 12, captors
freed six international aid workers kidnapped in November 2008 in
Dhusamarebb, Galgadud Region. On October 3, kidnappers released three
international aid workers kidnapped on July 18 from the Kenyan border
town of Mandera and held in undisclosed locations in Somalia.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Transitional Federal Charter (TFC) prohibits torture.
The Puntland Charter prohibits torture ``unless sentenced by Islamic
Shari'a courts in accordance with Islamic law.'' Unlike in previous
years, there were no reports of the use of torture by the TFG,
Puntland, or Somaliland administrations. Various clan militias and al-
Shabaab continued to torture their rivals and civilians. Observers
believed that many incidents of torture were not reported.
Unlike in previous years, there were no reports of persons
assembled at food distribution centers being killed or injured.
Unlike in previous years, there were no reports of police raping
women; however, there continued to be reports of militias using rape to
punish and intimidate rivals. Rape was commonly perpetrated in
interclan conflicts.
There were no reports of action taken against TFG and Somaliland
government forces, warlord supporters, or members of militias
responsible for torturing, beating, raping, or otherwise abusing
persons in 2008 or 2007. Unlike in previous years, Puntland police took
action against a police officer for abuse. On August 26, in Garsor
District of Mudug Region, local authorities arrested a police officer
for using excessive force that resulted in the death of a businessman
who refused to pay his license tax. Similarly, on September 27, police
in Bossasso arrested a police officer who was implicated in the death
of a civilian.
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.
According to Mogadishu-based human rights organizations, TFG prison
conditions improved and wardens were generally responsive on human
rights problems. There were far fewer prisoners and detainees held in
TFG prisons than in previous years. There were an estimated 400
prisoners held at Mogadishu central prison, the only TFG-operated
prison during the year. The reduction in the number of TFG prisoners
was largely due to a reconciliation policy that did not emphasize
arrests and a lack of capacity to detain those who sought to undermine
or attack the government. United Nations Development Program (UNDP)
Somalia supported local partners to institute judicial and rule of law
reforms. Through such initiatives as the UNDP-supported Police Advisory
Committee, authorities released more than 5,000 prisoners in the
previous two years.
Unlike in previous years, there were no reports of TFG-allied
militias operating detention centers. Antigovernment groups, extremist
elements, and clan leaders 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. Thousands of prisoners were incarcerated in
inhumane conditions for relatively minor offenses such as smoking,
listening to music, and not wearing the hijab. For example, on July 19,
al-Shabaab in Baidoa jailed 20 women for disobeying the decree
requiring them to wear the hijab. In October al-Shabaab flogged women
in Mogadishu for not wearing the hijab, and on October 25 arrested 20
women and detained them in Bakara market. The women were released after
three days, some after paying a fine of 600,000 Somali shillings ($15).
Unlike in previous years, 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. The September 17 UNIE report described
conditions at Puntland's Garowe central prison as ``terribly bad.''
According to UNIE, this was due to lack of capacity to hold large
numbers of prisoners rather than intentional abuse. A project of
Somaliland and the UNDP resulted in the formation of an independent
prisoner monitoring committee. The UNDP also extensively trained the
prison custodial corps on a variety of human rights problems. There
were no visits by the International Committee of the Red Cross to
prisons in Somaliland or in the rest of the country during the year;
however, a prisons conditions management committee organized by the
UNDP and composed of medical doctors, government officials, and civil
society representatives continued to visit prisons in Somaliland.
During the year the 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, militias allied
with it, and various clan militias across the country continued to
engage in arbitrary arrest and detention, and there was no system of
due process. Although precise figures were unobtainable, local human
rights organizations and international organizations reported that,
although there were fewer arrests than the previous year, the TFG
continued to arrest and detain persons, most of whom were quickly
released; however, there were allegations that detainees were subjected
to beatings, other mistreatment, and torture. Reports by NGOs and other
international organizations indicated that mistreatment continued
during the year.
Al-Shabaab 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 approximately 2,000 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 to government
authorities. There were fewer allegations that TFG security officials
were responsible for extrajudicial killings, indiscriminate firing on
civilians, arbitrary arrest and detention, extortion, looting, and
harassment than in the previous two years.
In Somaliland an estimated 60 percent of the budget was allocated
to maintaining a militia and police force composed of former soldiers.
Abuses by police and militia members were rarely investigated, and
impunity remained a problem. Police generally failed to prevent or
respond to societal violence.
The Puntland police force was not paid on a regular basis.
Puntland's armed militia was not aligned with the TFG armed forces,
although the TFG prime minister and the Puntland president began
negotiations for collaboration in the security sector and over the
formation of a coordinated Somali National Army.
Arrest and Detention.--Judicial systems were not well established,
were not based upon codified law, did not function, or simply did not
exist in most areas of the country. The country's previously codified
law requires warrants based on sufficient evidence issued by authorized
officials for the apprehension of suspects; prompt notification of
charges and judicial determinations; prompt access to lawyers and
family members; and other legal protections for the detained; however,
adherence to these procedural safeguards was rare. There was no
functioning bail system or the equivalent.
Arbitrary arrest was a problem countrywide.
During the year authorities in Somaliland and Puntland arbitrarily
arrested journalists during the year (see section 2.a.); however,
unlike in previous years, TFG forces did not arrest journalists, NGO
workers, or UN employees (see section 4.).
Unlike in previous years, 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.
There were no reports of TFG police detaining persons without
charge.
There were reports of politically motivated arrests in Somaliland.
On April 4, Somaliland police arrested two Hargeisa mosque imams,
Sheikh Ahmed Dayib Aden and Sheikh Abdullahi Mohamud. Police arrested
Aden after morning prayers for comments made in Friday sermons about
the upcoming presidential election. Somaliland authorities did not
offer specific reasons for the arrests, and on April6, both clerics
were released without charge. On April 14, Somaliland police arrested
clan elder Boqor Saleban Hassan for attending a rally organized by an
opposition group on the previous day. On August 20, the opposition
party UCID and KULMIYE Borame District party chairmen were arrested for
allegedly fomenting insecurity by organizing unauthorized
demonstrations. On August 21, the two leaders were released without
charge. There were reports that arrested persons were sometimes held
for extended periods while awaiting trial. Militias and factions held
pretrial detainees without charge and for lengthy periods.
Authorities in the country arrested or detained numerous persons
accused of terrorism and support for al-Shabaab.
Al-Shabaab and other extremist elements arrested and detained
persons. For example, on March 26, al-Shabaab militia in Baidoa
violently dispersed local residents during a peaceful demonstration
against al-Shabaab's March 24 orders banning trade in and consumption
of khat. Al-Shabaab forces arrested approximately 50 persons, mostly
women, during and after the demonstrations.
On April 9, one person was killed and three others wounded after
al-Shabaab opened fire on khat traders in Dinsor town, Bakol Region. On
May 18, al-Shabaab Merka and Bardhere administrations banned youth from
playing soccer. On May 19, following the ban, armed al-Shabaab militia
arrested several young persons playing soccer at the main field in
Merka. The youth were released after 12 hours with warnings not to play
games again. This ban followed an earlier edict banning movies and
watching soccer games on television. On June 13, the al-Shabaab
administration in Kismayo outlawed watching movies on DVDs, television,
and even storing pictures on cell phones. Al-Shabaab issued a stern
warning that it would raid the homes of persons suspected of violating
the ban. On August 16, al-Shabaab militias arrested and flogged a young
man for allegedly storing ``obscene'' pictures on his cell phone.
On July 19, the Hisbul Islam administration in Afgoye, Lower
Shabelle, arrested nine prominent traditional elders. The elders'
arrest was linked to their involvement in holding ``Istun,'' a
traditional ceremony popular with the local community. Earlier the
Hisbul Islam administration banned the tradition and warned that anyone
contravening the ban would be punished. The elders were released on
July 20, after being held overnight in prisons in Afgoye.
e. Denial of Fair Public Trial.--The TFC provides for an
independent judiciary, but there was no functioning judicial system for
the TFG to administer. The TFC outlines a five-year transitional
process that includes the drafting of a new constitution to replace the
1960 constitution that was in force prior to the 1991 collapse of the
Barre regime; however, for many issues not addressed in the Charter,
the former constitution still applies in principle.
The TFC provides for a high commission of justice, a Supreme Court,
a court of appeal, and courts of first instance; however, in practice
no such courts existed. Some regions established local courts that
depended on the predominant local clan and associated factions for
their authority. The judiciary in most areas relied on some combination
of elements from traditional and customary law, Shari'a, and the penal
code of the pre-1991 government. On May 13, President Sharif ratified a
parliamentary bill establishing Shari'a nationwide; however, by year's
end there were no official institutions charged with the administration
of Shari'a. On August 5, 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, Shari'a was applied;
however, there were no trained Shari'a judges to preside over cases,
resulting in uneven and at times draconian sentencing. For example, on
January 28, in Kismayo, a man's hand was amputated for stealing three
sacks of fishing nets. On March 9, four male youths ages 15-18 were
sentenced to death for raping an 18-year-old girl. Their sentences were
commuted to a public flogging of 100 lashes each, since none of the
boys had been previously married.
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 Charter provides for an independent judiciary;
however, the judiciary was not independent in practice. The Charter
also provides for a Supreme Court, courts of appeal, and courts of
first instance. These courts functioned, although they lacked the
capacity to provide equal protection under the law.
Traditional clan elders mediated in and resolved intra- and
interclan conflicts throughout the country. During the year, in
Somaliland traditional elders intervened during political disputes
between the government and opposition political parties. Clans and
subclans frequently used traditional justice, which was swift.
Traditional judgments sometimes held entire opposing clans or subclans
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. The
TFC 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 Shari'a.
With the support of UNDP programs addressing judicial reform,
Somaliland registered some improvement, except in cases of a political
nature. Defendants generally enjoy 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 but are
unable to hire the services of private attorney. Authorities in this
region did not recognize the TFC and continued to apply the Somaliland
constitution and pre-1991 laws.
In Puntland, as in most other areas, clan elders resolved the
majority of cases using traditional methods; those with no clan
representation in Puntland, however, were subject to the
administration's judicial system. In this system, as outlined in
Puntland's 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. As in the other regions, the constitution
states that free legal representation is provided for defendants who
cannot afford an attorney; in practice these 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. On September 12 and 13, there were reports that Somaliland
authorities arrested and detained more than 100 persons, including
several opposition leaders, after four persons were killed during the
September 12 public demonstration in Hargeisa.
Civil Judicial Procedures and Remedies.--The inability of the
judiciary to handle civil cases involving such matters as defaulted
loans or contract disputes encouraged clans to take matters into their
own hands and led to increased interclan conflict. There were no
lawsuits seeking damages for, or cessation of, a human rights
violation. With the breakdown of the rule of law and the lack of a
coherent legal system or effective government, individuals were not
afforded adequate protection or recourse.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The TFC provides for the sanctity of private property
and privacy; however, looting, land seizure, and forced entry into
homes continued in Mogadishu and elsewhere with impunity. The Puntland
Charter and the Somaliland constitution recognize the right to private
property; the authorities did not generally respect this right in
practice.
On July 7, TFG-allied militia looted and forcefully extorted money
from small-scale traders in Mogadishu's Wadjir District.
During the year there were fewer cases of TFG forces extorting
money from taxi, bus, and truck drivers transporting goods; however, on
June 8, TFG soldiers at a checkpoint near Afgoye killed a driver after
he did not pay the checkpoint fee they demanded.
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 in south central regions resulted
in the deaths of at least 1,000 persons, according to the Somalia-based
Elman Human Rights Organization. An estimated 3,500 others were
injured, and the UN High Commissioner for Refugees (UNHCR) reported
that more than one million civilians were displaced, some for the first
time and others after several earlier occurrences, as a result of
conflict during the year. All parties to the conflict employed
indiscriminate lethal tactics. 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. In addition, such groups conducted suicide bombings,
used land mines and remote controlled roadside bombs, and conducted
targeted killings of journalists, aid workers, and civil society
leaders. Al-Shabaab conducted almost daily attacks against the TFG and
AMISOM, resulting in significant civilian casualties. TFG and AMISOM
forces responded to these attacks, which sometimes resulted in shelling
of civilian populated areas. The international NGO Human Rights Watch
accused all parties to the conflict of indiscriminate attacks,
deployment of forces in densely populated areas, and a failure to take
steps to minimize civilian harm. As a result homes, hospitals, schools,
mosques, and other infrastructure were destroyed in Mogadishu. Since
the collapse of the government in 1991, tens of thousands of persons,
mostly noncombatants, have died in interclan and intraclan fighting. No
action was generally taken against those responsible for the violence.
For example, on January 12, armed opposition groups launched an
attack against TFG troops in Mogadishu. As a result, 12 civilians were
killed and more than 30 wounded. Similarly on January 14, al-Shabaab
launched an attack on the presidential palace resulting in 21 civilians
killed and 30 injured.
On January 26, four civilians were killed and 10 wounded in an
exchange of gunfire in Baidoa as al-Shabaab forces tried to take
control of the town.
On January 16, in Waberi District, Banadir Region, TFG forces
attacked civilians, resulting in nine deaths. On June 17, in Mogadishu,
armed opposition groups and the TFG exchanged mortar rounds, resulting
in the death of 15 and injuries to 32 civilians. On October 22, mortar
exchanges between TFG forces, supported by AMISOM, and al-Shabaab in
Mogadishu's Howlwadag and Hodan districts killed an estimated 30
civilians and wounded 70. AMISOM and TFG forces were responding to al-
Shabaab mortar attacks on the airport during the departure of President
Sharif and his delegation.
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--in Mogadishu, Bay, Bakol, the Lower and Middle Jubas,
the Lower and Middle Shabelles, and the Galgadud and Hiiraan regions.
On January 16, 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. He was arrested on January 5. On September 28, al-
Shabaab publicly executed two young men in Mogadishu after an al-
Shabaab court found them guilty of espionage. Similarly, extremist
armed groups in the Jubas, Bay, and Bakol regions arrested and beheaded
several persons they accused of spying. On March 19, al-Shabaab militia
beheaded two ASWJ clerics in Balad, Middle Shabelle.
In July al-Shabaab from Bay and Bakol regions beheaded an elderly
disabled man after removing his eyes. Al-Shabaab reportedly fitted the
man's spectacles on his dismembered head and displayed it in the open.
On December 14, Hisbul Islam militia in Afgoe, Lower Shabelle, executed
a man accused of committing adultery. The man was buried waist-deep and
pelted with stones until he died. Militia leaders rounded up members of
the community to witness the punishment.
Roadside bombings, suicide attacks, and armed raids targeting TFG
officials and sympathizers as well as civil society groups continued
throughout the year. Antigovernment and extremist groups were
responsible for numerous killings of government officials and police.
Politically motivated killings by 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.
For example, on April 16, al-Shabaab militia reportedly killed
Sharif Mohamud Hassan ``Kariye,'' a TFG-allied militia commander, in
Hodan District when they opened fire on his vehicle, also killing two
other persons accompanying him. On April 23, Abdi Mohamud ``Dhabaney,''
Hodan district commissioner, escaped unhurt after a landmine attack
that blew up his car and wounded three others. On June 17, militia
associated with al-Shabaab killed Colonel Ali Said, Banadir region
police commander, during fighting between TFG troops and al-Shabaab in
Mogadishu. On September 26, Mohamed Nur, TFG deputy police
commissioner, died from injuries sustained during a September 17
suicide attack against AMISOM headquarters in Mogadishu. None of the
assailants were identified by year's end. Al-Shabaab claimed
responsibility for several attacks against the TFG and its supporters
during the year.
During attacks on TFG troop positions in Mogadishu and elsewhere,
al-Shabaab summarily executed security officers. For example, on June
16, al-Shabaab extremist militia elements attacked TFG troops
positioned in Galgalato, a village on the outskirts of eastern
Mogadishu, and summarily executed by decapitation nine TFG soldiers.
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,
several civilians were killed or injured during clashes between members
of TFG's security forces and affiliated militia in parts of Mogadishu.
For example, on July 30, two civilians were killed and five wounded
when they were caught in a cross fire during clashes among TFG police
officers at Zobe in the KM5 area of Mogadishu. On August 3, six
persons, including two TFG soldiers, were killed when TFG-affiliated
security forces exchanged fire at KM4 in Mogadishu. On August 12,
several civilians were killed during clashes between two TFG armed
militia groups affiliated with the police and regional security. These
clashes reportedly occurred when security forces intervened to prevent
their colleagues from engaging in criminal activities such as looting
and extortion.
Unlike in previous years, during the year 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 attacks on Ugandan and Burundian troops
participating in AMISOM increased. Al-Shabaab killed nearly 120 persons
and injured 200, mostly civilians, in eight suicide car bomb attacks
against TFG and AMISOM targets during the year.
For example, on January 24, a suicide car bomb explosion targeted
an AMISOM convoy near its Mogadishu base at Maka-al-Mukarama road and
reportedly killed at least 16 persons and wounded approximately 40.
Among the casualties were 13 passengers in a bus near the explosion
site. An ensuing gunfight between AMISOM and armed gunmen reportedly
caused most of the injuries. On February 22, another suicide car bomb
attack inside the AMISOM base killed 11 and wounded 19 peacekeepers. On
April 24, a suicide car explosion killed 10, including six TFG police
officers outside the police academy in Mogadishu. Police guards at the
entrance detonated a suspicious car before it could enter the police
training school compound, averting more casualties.
On September 17, al-Shabaab suicide bombers killed 21 persons,
including a dozen AMISOM peacekeepers, and wounded several others. Five
suicide bombers in two cars laden with explosives drove past security
guards at AMISOM headquarters and detonated inside the compound. The
December 3 suicide bombing at the Benadir University graduation was the
deadliest suicide attack. It killed 22 civilians, including three TFG
ministers, and wounded as many as 50 other civilians.
Land mines throughout the country resulted in human and livestock
casualties, denial of access to grazing and arable land, and road
closures. The UN Children's Fund (UNICEF) reported a continued
proliferation of mines and ordnance during the year, resulting in
numerous deaths and injuries from land mines. Antipersonnel and
antivehicle land mines, most of them remotely controlled, were
frequently deployed by antigovernment groups against TFG forces, its
allied militia, and civilians.
For example, on January 2, in Hodan District, Banadir Region, a
land mine exploded, killing seven civilians.
On January 9, a land mine killed four civilians in Mogadishu. Ahmed
Abdullahi Magan, the TFG's Garbaharrey district commissioner, was
killed in a landmine explosion along Bulla Hawa-Garbaharrey road, as
were three other officials in the same car. On March 15, Ahmed Hassan
``Da'I,'' Wadajir district commissioner, was wounded by a targeted
remote-controlled land mine near Mogadishu's international airport. The
explosion killed Hassan's driver and wounded two of his security
guards. On June 1, a roadside explosion against a TFG police car killed
six police officers and wounded three civilian passersby. On June 7, a
roadside explosion blew up a civilian car in KM4, killing three
occupants and wounding three after missing its target, a TFG police
car.
Attacks on and harassment of humanitarian, religious, and NGO
workers resulted in numerous deaths.
Numerous children were killed while playing with unexploded
ordnance (UXO). For example, on February 24, a UXO killed two children
and wounded three from the same family in Biya Adde, Middle Shabelle.
On July 8, a UXO killed two children in Ganjaroon village, Lower Juba.
On June 14, a land mine killed at least one child and wounded five in
Dharkenley District, Mogadishu.
Police officers and local administrators also were killed by land
mines. For example, on June 1, a remote-controlled roadside bomb struck
a TFG police car and killed six officers on board and wounded three
civilian passersby. On June 30, al-Shabaab claimed responsibility for a
landmine explosion targeting a TFG vehicle in Waberi District in which
five TFG troops on board were killed. On November 1, a remote-
controlled roadside bomb killed Osman Yusuf Nur, Somaliland's Sool
Region military commander. The explosion wounded two military personnel
and two civilians. Somaliland security arrested five persons who
remained in custody at year's end.
Physical Abuse, Punishment, and Torture.--On June 25, al-Shabaab
insurgents carried out double amputations on four young men in
Mogadishu, cutting off their right hands and left feet as punishment
for theft. A hurriedly convened al-Shabaab Shari'a court found all four
men guilty and promptly carried out the punishment without allowing any
form of legal representation or appeal. The four victims were allegedly
al-Shabaab deserters, and the robbery charge was reportedly part of a
ploy to use them as an example. Al-Shabaab carried out numerous other
amputations as punishment for theft in Kismayo, Merka, Wanlaweyn, and
Qansaxdhere.
Al-Shabaab carried out these amputations and other violent physical
punishments in front of community members whom they forced to attend.
Extremist groups devised a new form of torture of their victims
involving crude weapons to cause physical and psychological harm. For
example, al-Shabaab militia reportedly burned plastic that they molded
into sharp tools, the tips of which were used as torture instruments.
The tool was pierced into the skin repeatedly to elicit information. On
several occasions during the year, al-Shabaab used this method to
torture TFG members and individuals suspected to be sympathetic to the
government.
On August 10, the al-Shabaab administration in Merka began removing
residents' gold and silver teeth, alleging that they are a sign of
vanity and against Islam. There were numerous reports of al-Shabaab
identifying persons in the street and using unsterile tools to remove
the teeth.
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 is often difficult to determine the exact age of persons,
including recruits to armed groups. Children continued to be recruited
into militias by the TFG and its allied forces. An October UN report,
The Recruitment and Use of Children by Armed Forces or Armed Groups in
the Somali Conflict, indicated that while all parties recruited
children, the TFG was not systematic in its practice. The TFG
reportedly targeted older children between the ages of 14 and 18, while
extremist opposition groups recruited younger children into their
militias. During the year the TFG improved its recruitment practices
and formal troop training to stop child soldier recruitment. New
forces, trained in Uganda and Djibouti, were thoroughly vetted, and
underage soldiers were purged from the units that were formed once the
soldiers returned to the country.
Children were recruited, as well as forcibly conscripted, more
often by clan militias and antigovernment groups. The July 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 having continued
recruitment of children into their militias. For example, on July 30,
it was reported that al-Shabaab near Baidoa was recruiting children as
young as eight years old to train in Labatan Jirow and Daynuunay,
former TFG bases. UNICEF monitors identified children between the ages
of 13 and 17 who were recruited and used as child soldiers. 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 of youth to empower them to decline offers
by any of the armed groups. In some administrations in the country,
like that of Jowhar, authorities committed to demobilize child soldiers
with UNICEF's assistance; however, no progress was made.
The TFG pledged to address child recruitment when ministers signed
the Paris Commitments in February 2007; however, children were enlisted
into TFG forces. During the year all parties to the conflict continued
to recruit child soldiers. UNICEF continued its public outreach program
with radio broadcasts to highlight the problem of child soldiers.
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.
On May 30, TFG police arrested 11 minors who had been kidnapped in
the Lower Shabelle Region and forced by al-Shabaab into its militia
fighting force. In Kismayo, Baidoa, and Merka, al-Shabaab obligated
boys 15 years of age and older to fight as ``mujahedeen'' or face
death. Al-Shabaab killed an estimated 16 teenagers after they refused
recruitment as al-Shabaab fighters.
The Somaliland constitution contains no minimum age for recruitment
into the armed forces, but there were no reports of minors in its
forces; however, an inadequate system of birth registration made it
difficult to establish the exact age of recruits.
Other Conflict Related Abuses--Security problems complicated the
work of local and international organizations, especially in the south.
During the year attacks on NGOs, looting, and piracy disrupted aid
flights and food distribution. As a result of killings, kidnappings,
threats, and harassment, some organizations evacuated their staffs or
halted relief food distribution and other aid-related activities.
During the year piracy off the coast continued; the International
Maritime Bureau identified the country's territorial waters as the most
dangerous in the world. Pirates conducted 47 successful hijackings and
167 unsuccessful attacks on vessels off the Somali coast, an increase
over the previous year 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 town of Eyl. Fueled by lucrative ransoms, Eyl
developed a burgeoning industry to support the pirates and their
hostages. Following ransom payments that in some cases reached several
millions of dollars, the hijacked vessels were released. In each
instance crews were held hostage until ransom was paid.
During the year Puntland security forces made some progress against
pirates operating along its coast, raided some hideouts, arrested
several suspected pirates, and sentenced some to long jail terms. Clan
elders and religious groups began sensitization efforts in Puntland's
coastal towns to demobilize pirates and discourage youths from becoming
pirates. Through these efforts an estimated 100 pirates renounced
piracy. Despite the Puntland government's efforts against pirates,
prominent persons linked with piracy circulated freely and lived
ostentatiously in Puntland cities. At year's end 12 vessels and 263
crew members remained in the custody of Somali pirates.
The TFG continued to improve its treatment of humanitarian agency
personnel and appointed a minister of humanitarian and emergency
assistance to better liaise with UN agencies and NGOs. While the
relationship improved, the TFG was unable to prevent attacks against UN
and NGO personnel. Attacks on aid workers were fewer than the previous
year, in large part because many NGOs and aid organizations had
withdrawn their staff from the country. According to a July UN Office
for the Coordination of Humanitarian Affairs (UNOCHA) report, access
difficulties resulted in instances of humanitarian organizations
withdrawing, temporary suspensions of programs in certain areas, or
delays in the delivery of humanitarian assistance; however, the report
stated humanitarian access was generally good in Puntland and
Somaliland. UNOCHA reported a general reduction of violence against aid
workers during the year, mainly because there were so few workers in
the country. UNOCHA noted a marked shift from attacks on humanitarian
personnel to raids by al-Shabaab on UN and NGO compounds, offices, and
warehouses, in which they looted humanitarian supplies, food,
equipment, vehicles, and other assets. The deteriorating security
situation and continued targeting of national and international relief
workers presented significant challenges to humanitarian operations in
The country. During the year 10 aid workers were killed and 7 kidnapped
and released. At year's end 10 persons who were kidnapped in 2008
remained captive. Relief agencies continued to operate with
significantly reduced or no international staff. Aid agencies
increasingly relied on national staff, which was equally under threat,
and partnerships with local implementing organizations to deliver
relief assistance to vulnerable beneficiaries.
On January 6, three masked gunmen shot and killed Ibrahim Hussein
Duale, an employee of the World Food Program. At the time of his death
Hussein was monitoring a school feeding program in Yubsan village,
Garbahare. On March 19, the al-Shabaab administration in Burdubo
arrested one of the gunmen, and in a five-day hearing an al-Shabaab
Islamic court tried and convicted him after he pled guilty to Hussein's
murder. The convicted killer paid Hussein's family 100 camels to avoid
being executed.
On March 16, gunmen abducted four UN staff on their way to an
airstrip in Waajid, Bakol Region. The four were released on March 17
after clan elders and local administrators intervened on their behalf.
On April 19, unknown gunmen killed Omar Sharif, a local aid worker
in Merka, as he left a mosque after evening prayers.
Also on April 19, unknown armed men abducted two international aid
workers-a Belgian doctor and Dutch nurse--working with international
NGO Medecins Sans Frontieres (MSF) near Rabdhure, Bay Region. They were
released on April 28 through the efforts of local elders. In June the
MSF closed its programs in Bakol Region, citing security reasons.
On May 17, al-Shabaab raided the UNICEF compound in Jowhar,
stealing and destroying tons of essential nutritional and medical
supplies and cold chain equipment--including immunizations for infants,
children, and expectant and lactating mothers. On July 20, al-Shabaab
militiamen in Bay Region raided the UN agency compound in Baidoa, stole
several vehicles, many computers, and expelled three UN agencies.
Earlier in the year, al-Shabaab shut down the operations of two
international aid organizations in regions under its control.
In early August armed militia groups affiliated with al-Shabaab
attacked and occupied at least five NGO compounds in Jilib and Jamaame
districts in Middle and Lower Juba regions. There were no aid workers
injured in the attacks, but militia looted computers, vehicles, and
other equipment, causing several NGOs to suspend humanitarian
operations.
On August 17, several gunmen attacked a UN World Food Program (WFP)
compound in Wajid, Bakol Region. Guards at the compound fought off the
attackers, killing three.
There were some developments in kidnapping cases from 2008. On
August 11, kidnappers released four Action Contre la Faim staff,
including two pilots, kidnapped from Dusamareb airstrip in November
2008.
In October 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, the Hargeisa regional court
arraigned 14 suspects in the attack.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The TFC and the Somaliland
constitution provide for freedom of speech and press; however, there
were instances of violence including murder, harassment, arrest, and
detention of journalists in all regions of the country, including
Puntland and Somaliland. The Puntland Charter provides for press
freedom ``as long as journalists respect the law''; however, this right
was not respected in practice. Journalists engaged in rigorous self-
censorship to avoid reprisals.
The print media consisted largely of short, photocopied dailies
published in the larger cities and often affiliated with one or another
of the factions. Several of these dailies were nominally independent
and published criticism of political leaders and other prominent
persons.
In Somaliland there were seven independent daily newspapers: Geeska
Africa, Ogaal, Jamhuriya, Haatuf, Waahen, Sahansahan, and Maalmah'a)
There was also one government daily--Maandeeq--and two English-language
weekly newspapers--Somaliland Times and The Republican. There were
three independent television stationsHorn Cable TV, Horn Cable, and
Somaliland Space Channel, and one government-owned station, Somaliland
National TV. Although the Somaliland constitution permits independent
media, the Somaliland government has consistently prohibited the
establishment of independent FM stations. The only FM station in
Somaliland was the government-owned Radio Hargeisa. The independent
media suffered increased harassment from the Somaliland government,
especially in the period preceding the presidential elections that had
been scheduled for September 27.
Most citizens obtained news from foreign radio broadcasts,
primarily the BBC's Somali Service and the Voice of America's Somali
Service that transmitted daily Somali-language programs. There were
reportedly eight FM radio stations and one short-wave station operating
in Mogadishu. A radio station funded by local businessmen operated in
the south, as did several other small FM stations in various towns in
the central and southern parts of the country. There were at least six
independent radio stations in Puntland. 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.
The relationship between journalists and the TFG improved, and
unlike in the previous year, journalists did not receive direct threats
from the TFG; however, opposition elements, especially 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 all regions reported
harassment, including killings, kidnappings, detention without charge,
and assaults on persons and property. Most experienced field reporters
and senior editors had fled the country due to direct threats from
antigovernment groups. During the year nine journalists were killed in
targeted or collateral incidents.
There were two targeted killings of journalists during the year,
compared to one such killing in 2008. On February 4, HornAfrik
Mogadishu director Said Tahil Ahmed was killed while walking with nine
other media leaders to a meeting with al-Shabaab representatives. On
June 7, Shabelle director Muktar Mohamed Hirabe was killed in Bakara
Market. Al-Shabaab reportedly instigated both of these killings.
Seven journalists were killed during the year as a result of cross
fire, stray bullets, and proximity to the December 3 suicide bombing in
Mogadishu in which three journalists were killed. There were no arrests
in connection with any killings or attempted killings of journalists
during the year.
Numerous journalists were arrested and detained during the year,
but unlike in previous years, there were no reports that the TFG
ordered such arrests. For example, on January 23, Muhammad Hasan Haji
Abukar, a Holy Koran Radio reporter, was reportedly arrested by al-
Shabaab authorities in Baidoa and tortured; they also confiscated his
equipment. On April 18, al-Shabaab arrested Mohiddin Hassan Mohamed of
Shabelle in Baidoa; he was released a day later. On August 22, the al-
Shabaab administration of Gedo Region ordered Radio Markabley to fire
two journalists and submit to edicts issued that day.
Journalist arrests and detentions increased in Somaliland. On
February 26, in Hargeisa, Somaliland authorities arrested Mohamed Abdi
Guled, editor of the privately owned weekly Yoo'l; he was released on
March 20. On March 29, Ahmed Suleiman Dhuhul, a member of the executive
committee of the Somaliland Journalists Association and producer of
Horyaal private radio, was arrested for trying to report on a meeting
of the upper house of Somaliland's parliament to debate the extension
of the mandates of Somaliland's president and vice president. On July
13, in Hargeisa, two Radio Horyaal journalists were arrested after
reporting on a clan conflict over land rights. On July 29, Somaliland
authorities ordered the closure of Horn Cable TV and arrested its chief
editor. On August 4, Somaliland.org Web site reporter Foosi Saleban
Awbiindhe was arrested in Burao after writing a report on corruption
involving the governor. He was freed on August 26.
There were also several incidents in the Puntland region during the
year. For example, on March 26, in Bossaso, security forces arrested
Jama Ayanle Siti, a reporter for Laas Qoray newspaper and its Web site,
and Abdiqani Hassan, a freelance reporter. On March 30, also in
Bossaso, Jama Ayenle Feyte was sentenced to two years in prison after
being accused of defamation and disseminating false information about
the Puntland authorities. On August 25, Voice of America reporter
Mohamed Yasin Isaq was arrested in northern Galkayo after releasing a
report on the failure of the Puntland administration to curb growing
insecurity in the town. On December 21, Puntland security forces again
arrested Isaq, held him for 17 days, and released him without charge.
Canadian journalist Amanda Lindhout and Australian photojournalist
Nigel Brenan, who were kidnapped in August 2008, were released on
November 25 in Mogadishu, reportedly after ransoms were paid by the
journalists' families. On January 17, Abdifatah Mohammed Elmi, who was
kidnapped with Lindhout and Brenan, was freed.
The British and Spanish journalists who were abducted in November
2008 in Bosasso were released on January 4. They were held captive in
an unknown location in the Puntland region.
Several broadcasting stations were closed during the year. At least
two radio stations were closed by Islamic administrations. On April 9,
al-Shabaab closed Radio Mandeeq after it broadcast news about a clan
dispute. On April 27, the al-Shabaab administration in Baidoa closed
Radio Jubba and detained three journalists. They were freed the
following day after an agreement that the station would no longer
broadcast music. On September 30, 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 airing
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.
Unlike in previous years, there were no reports that the TFG pressured
journalists to produce positive reporting.
Internet Freedom.--Somalia has some of the lowest cost
telecommunications and Internet services in the region. There were no
government restrictions on access to the Internet; however, opposition
elements in Mogadishu reportedly closely monitored Internet use and
were believed to be the authors of anonymous e-mail threats to local
journalists. Media outlets 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 one percent
of the country's inhabitants used the Internet; however, independent
researchers have noted that this figure may be higher because Internet
users frequently accessed the technology in cybercafes and other public
centers and Somalia's country domain was not in use.
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 academicians practiced self-
censorship. In Puntland a government permit was required to conduct
academic research.
During the year there were fewer attacks on schoolchildren,
teachers, and schools across the country. 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 August 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 education
workers. For example, on February 18, 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, although the security situation
effectively restricted access to and organization of cultural events,
except in al-Shabaab-controlled areas.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The TFC, the Somaliland constitution, and the Puntland
Charter provide for freedom of assembly; however, a ban on
demonstrations continued, and the lack of security effectively limited
this right in many areas. Security force use of excessive force to
disperse demonstrators resulted in numerous deaths and injuries.
On several occasions Somaliland security personnel prevented
opposition political parties from meeting with supporters and from
holding public rallies. For example, on April 6, Somaliland police
prevented opposition supporters from holding peaceful processions to
commemorate Somalia National Movement Day. Police fired in the air and
would not allow party leaders to address their supporters. Security
agents often prevented opposition parties from organizing public
gatherings and demonstrations.
On September 12, Somaliland security forces used excessive force
when they killed four demonstrators and wounded many others during a
peaceful protest in front of the parliament. Police and military
personnel shot in the air to disperse hundreds of demonstrators, mostly
youth, gathered to press authorities to reopen parliament. Police also
arrested more than 100 persons in the incident. On September 13, the
Somaliland Regional Security Committee (RSC) sentenced without due
process 40 of those arrested to six months in prison. At years' end
most of these persons were still detained. In its July report on
Somaliland, Human Rights Watch accused the RSC of perpetrating gross
human rights violations, stating the RSC routinely incarcerated
persons, including juveniles, without any pretense of respecting the
due process provided for in Somaliland's constitution.
There were no updates on the April and May 2008 killings of
demonstrators in Somaliland and Mogadishu, respectively, and neither
the TFG nor the Somaliland administration took action to punish the
police perpetrators.
Unlike in previous years, there were no reports of use of excessive
force by security forces in the south and central regions against
persons assembled at food distribution centers.
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 Charter provides for freedom of association; however,
the Puntland administration continued to ban all political parties.
The Somaliland Constitution provides for freedom of association,
and this right was generally respected in practice; however, in July
2007 Somaliland authorities arrested three opposition politicians who
were planning to form a new political party. These persons were
released in December 2007. President Riyale stated that he issued an
official pardon; however, their judicial record was not cleared, and
the leaders remained effectively blocked from participating in the
electoral process as candidates for any party.
Legislation governing the formation of political parties in
Somaliland limits the number of parties allowed to contest general
elections to three. An ad hoc commission nominated by the president and
approved by the legislature was responsible for considering
applications. The law provides that approved parties obtaining 20
percent of the vote in a general election are allowed to function.
There were three approved political parties.
c. Freedom of Religion.--Although the TFC provides for religious
freedom, this right was widely ignored in practice. The TFG generally
did not enforce legal restrictions or protections concerning religious
freedom.
On May 10, the TFG ratified legislation to implement Shari'a
nationwide. In practice the TFG does not have the capacity or
mechanisms to implement the legislation uniformly.
Militia groups, particularly those associated with al-Shabaab,
often imposed a strict interpretation of Islam on communities under
their control. There were reports that individuals who did not practice
Islam in line with al-Shabaab's interpretation were discriminated
against, and several nonobservant Somalis may have been killed.
The TFC, Somaliland constitution, and Puntland Charter establish
Islam as the official religion. Somalis are overwhelmingly Sunni
Muslims of a Sufi tradition. There also is a very small, extremely low-
profile Christian community, in addition to small numbers of followers
of other religions. The constitutions and Charters governing the
various regions provide the right to study and discuss the religion of
one's choice; however, in practice freedom of worship for non-Muslims
was respected only for non-Somalis. Conversion from Islam is not
allowed in any of the three regions. The TFG and the Somaliland and
Puntland administrations did not have the capacity to enforce freedom
of worship. The number of adherents of strains of conservative Islam
and Islamic schools supported by religiously conservative sources
continued to grow.
In Puntland only Shafi'iyyah, a moderate Islamic doctrine followed
by most citizens, is allowed in public religious expression. Puntland
security forces closely monitored religious activities. Religious
schools and places of worship must receive permission to operate from
the Ministry of Justice and Religious Affairs; such permission was
granted routinely to schools and mosques espousing Shafi'iyyah.
In Somaliland religious schools and places of worship must obtain
the Ministry of Religion's permission to operate. Proselytizing for any
religion except Islam is prohibited in Puntland and Somaliland and
effectively blocked by informal social consensus elsewhere. Apart from
restrictions imposed by the security situation, Christian-based
international relief organizations generally operated freely as long as
they refrained from proselytizing; however, there were reports that a
few Somalis who converted to Christianity were killed by al-Shabaab and
allied extremist groups during the year.
Societal Abuses and Discrimination.--During the year, in the Bay
and Lower Juba regions as well as in Mogadishu, al-Shabaab extremists
killed several prominent clerics, most belonging to ASWJ. For example,
on February 7, a religious scholar was shot and killed near his home in
the Medina district of Mogadishu. In religiously motivated violence,
al-Shabaab destroyed the tombs of revered ASWJ Sufi clerics and killed
clerics, civilians, and government officials of Sufi orientation. For
example, on March 28, in Barawe District, Bay Region, al-Shabaab forces
destroyed five graves of famous clerics and removed their remains. On
May 5, near Kamsuma village,in Kismayo District, al-Shabaab forces
destroyed 10 graves of famous Islamic scholars. On June 10, in Bardhere
town,in Gedo Region, al-Shabaab destroyed an undisclosed number of Sufi
graves. In targeted assassinations, members of al-Shabaab killed TFG
officials and allies whom they denounced as non-Muslims or apostates.
On January 1, Sheikh Mohamed Ibrahim ``Elbuur,'' a prominent religious
leader, was killed by unidentified gunmen in Elasha Biyaha, an
internally displaced persons (IDP) settlement on the outskirts of
Mogadishu. Sheikh Mohamed was shot outside a mosque after evening
prayers. He was reportedly targeted for his moderate views and
condemnation of violence.
On April 5, in Jamame town in Lower Juba Region, a Koranic school
teacher was beheaded by armed opposition group members. Al-Shabaab
bombed cinemas, attacked persons whom they asserted were not behaving
``appropriately,'' and banned all sporting events. On September 21, al-
Shabaab killed two ASWJ clerics in Lower Shabelle Region when they
opened fire on a congregation gathered for Eid prayers to mark the end
of Ramadan.
Women were disproportionately affected by Islamic extremists during
the year. In March al-Shabaab issued a decree mandating that women wear
the hijab outside of the home; any woman found not wearing the hijab
would be arrested and face punishment.
Non-Sunni Muslims often were viewed with suspicion by members of
the Sunni majority. Non-Muslims who practiced their religion openly
faced societal harassment. Those suspected of conversion faced
harassment or even death from members of their community.
In April 2008 a worshipper was stabbed in a mosque in Somaliland
after two groups clashed over differences in interpretation of Islam.
There was no new information about this case.
The small Christian community kept a low profile. There were no
public places of worship for non-Muslims. Christians, as well as other
non-Muslims who proclaimed their religion, faced harassment or even
death. On July 10, al-Shabaab beheaded seven persons in Bay Region
after accusing them of converting to Christianity and spying for the
TFG. On July 27, al-Shabaab reportedly beheaded four Christians after
kidnapping them in Merka, Lower Shabelle. The four victims were working
for a local organization caring for orphans and were killed after they
reportedly refused to renounce Christianity. On September 15, al-
Shabaab extremists killed Omar Khalafe after they found him in
possession of several Bibles.
There is no known Jewish community in the country, and there were
no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The TFC and the Puntland Charter
provide for freedom of movement; however, this right continued to be
restricted in some parts of the country. Checkpoints operated by the
TFG and its associated militias decreased. Checkpoints operated by
armed militias, clan factions, and groups associated with al-Shabaab
and its affiliates inhibited passage and exposed travelers to looting,
extortion, rape, and harassment, particularly of civilians fleeing
conflict. In the absence of effective governance institutions, few
citizens possessed the documents needed for international travel.
There were no reports of armed clan factions operating checkpoints
during the year. Puntland security forces dismantled ad hoc checkpoints
by armed clan militias. According to a report by UNOCHA, al-Shabaab
established checkpoints at the exit/entry routes of the towns under its
control for security reasons. There were no reports of checkpoints
between towns or within towns, as was common in previous years.
The law does not prohibit forced exile; however, none of the
authorities used forced exile during the year.
During the year there were no organized repatriations to any
region.
Internally Displaced Persons (IDPs).--UN agencies estimated that
since January 2007 more than 900,000 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, especially al-Shabaab. The Somalia office of the UNHCR, based
in Kenya, estimated that there were 1.5 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 Afgoye corridor between Mogadishu and Baidoa. Militia
groups, aligned with both sides of the conflict, had restricted 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'' on humanitarian aid, and al-Shabaab's expulsion in August of
three UN agencies made it more difficult to deliver basic services.
During the year Puntland authorities in Galkayo and Garowe forcibly
repatriated Somalis from the south and central regions who were accused
of being responsible for increased insecurity in the region. In
December Puntland residents attacked IDPs from the south and called for
their expulsion from Puntland, forcing IDPs to close their businesses.
The attack followed president Faroole's media comments accusing persons
from the south of contributing to the rise in insecurity.
Protection of Refugees.--The 1990 constitution and TFC do not
include provisions for granting asylum or refugee status in accordance
with the 1951 Convention relating to the Status of Refugees and its
1967 protocol. The country signed the African Union Convention
Governing the Specific Aspects of the Refugee Program in Africa in
1969, but neither ratified it nor deposited it. 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 (complete with new standard language as applicable), and in
practice the authorities granted refugee status or asylum. The UNHCR
reported that at year's end there were 2,960 refugees and 18,600 asylum
seekers in Somaliland and Puntland, an increase over 2008. Human rights
organizations estimated there were as many as 1.75 million displaced
due to conflict, food shortages, and inflation. An additional 3.76
million citizens were in need of humanitarian assistance; 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 60,000 citizens attempted more
than 900 illegal boat crossings from Somaliland, Puntland, and Djibouti
to Yemen, resulting in at least 273 confirmed deaths. By the end of
September, there were 50,486 recorded new arrivals in Yemen, a 50
percent increase over the number of arrivals during the same period in
2008. The UNHCR estimated that 158,000 Somali refugees were in Yemen at
year's end.
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 on a case-by-case basis. Despite the border
closure, during the year 55,658 asylum seekers made their way to the
already overcrowded Dadaab refugee camps in Kenya through the porous
border. In the same period, an estimated 20,000 asylum seekers entered
Ethiopia, bringing the number of Somali refugees there to more than
40,000. The sudden influx of 11,000 Somalis to Dolo Ado in southeastern
Ethiopia led the UNHCR to establish a fourth refugee camp. By the end
of the year, the Bolkamayo camp in southeastern Ethiopia had already
reached its 20,000 refugee capacity. The UNHCR estimated that at year's
end it was providing humanitarian assistance and protection to more
than 541,600 Somalis in Kenya, Yemen, Ethiopia, Djibouti, and Uganda,
an increase over 2008.
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
On August 19, the TFG parliament approved the implementation of
martial law in the country for three months; however, in practice
martial law was not implemented in any area.
In the absence of effective governing institutions, citizens could
not exercise the right to change their government. In January, through
the Djibouti Process, the parliament was expanded, and it extended the
TFG mandate until 2011, to prepare the country for national elections.
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 fell under the rule of armed militias, 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.
Elections and Political Participation.--The TFG was formed in late
2004 and early 2005 following two years of negotiations in Kenya led by
the Intergovernmental Authority on Development. The TFC is the legal
framework for the transitional federal institutions of parliament and
government, which operated under a five-year mandate originally
scheduled to expire in 2009; however, the TFP, under the Djibouti peace
process, extended the initial mandate by another two years until 2011.
In 2004 the clan-based TFP elected Abdullahi Yusuf Ahmed, the former
president of Puntland, as transitional federal president, and he then
appointed Ali Mohammed Gedi as prime minister. Gedi resigned in October
2007. In November 2007 President Yusuf appointed Nur ``Adde'' Hassan
Hussein as prime minister. In 2008 Yusuf attempted to remove Prime
Minister Hussein, first by supporting a no-confidence parliamentary
vote and then by dismissing him through a presidential decree. Both
plans backfired, and in December 2008, after significant discord within
the TFG, Abdullahi Yusuf resigned. Speaker of Parliament Sheikh Adan
Mohamed Nur became interim president following Yusuf's resignation. The
TFC stipulates that the interim president remain in office for 30 days
until the parliament selects a new president.
In August 2008 the leaders of the TFG and the Alliance for the
Reliberation of Somalia (ARS) signed the UN-brokered Djibouti Agreement
and agreed to cease all armed confrontation, ensure unhindered
humanitarian access, and work toward a durable peace. The Djibouti
Agreement set the stage for the formation of a unity government in
January 2009. Between January 22 and 24, members of the TFP relocated
to Djibouti from the previous seat of parliament in Baidoa to take part
in the election of a new TFG president. On January 26, while in
Djibouti, the TFP adopted an amendment to the TFC to both extend the
TFG's initial five-year mandate by an additional two years and allow
for the expansion of the number of MPs from 275 to 550 to accommodate
275 new MPs from ARS under the Djibouti Agreement. On January 31, the
expanded TFP elected Sheikh Sharif Sheikh Ahmed--who was until then ARS
executive chairman--as the new TFG president. The election was
considered free and fair, and it attracted more than a dozen
candidates, including former prime minister Nur Hassan Hussein. On
February 13, while in Djibouti, President Sharif appointed Omar
Abdirashid Ali Sharmarke as the new TFG prime minister. On February 20,
Prime Minister Sharmarke formed his first government with 36 ministers.
On February 23 and 26, President Sharif and Prime Minister Sharmarke
relocated to Mogadishu. It was the first time that the TFG and TFP were
based in the country's capital since the TFG was formed.
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.
Elected in April 2003, President of Somaliland Dahir Riyale Kahin
initiated several actions to postpone elections for the fourth time and
extend his term in office. Beginning in 2006 Riyale initiated a process
to extend the mandate of the unelected upper house of parliament, the
Guurti, for four years. In April 2008 the Guurti postponed presidential
and local elections and extended President Riyale's term in office for
an additional year. After successful international mediation, the major
political parties agreed to hold presidential elections in April 2009
after a national voter registration process under which each Somaliland
citizen would receive a national identity card. On March 3, the
National Electoral Commission announced that presidential elections
would be held on May 31; however, on March 28, the Guurti voted to
postpone the elections and extend President Riyale's term in office to
September 27. The political impasse deepened, and on August 29, police
closed the parliament building. In March and September, opposition
political parties protested the decision to extend Riyale's term
despite an earlier agreement not to allow any further extensions, and
in September legislators tabled an impeachment motion in parliament.
During a demonstration on September 12, Somaliland police fired into a
crowd gathered in front of the parliament, killing four demonstrators
and wounding others. Police arrested and detained more than 100
persons. An extrajudicial process resulted in an estimated 40 persons
being sentenced to six months in prison. The deadlock was broken on
September 25, when the Guurti unanimously endorsed a six-point
memorandum of understanding (MOU) produced by the international
community to move the electoral process forward. The Guurti announced
that President Riyale's term in office would end one month after
elections were held. On September 30, the president and the two
opposition political party leaders signed the MOU. On October 4 and 5,
to begin implementing the MOU, all members of the National Electoral
Commission resigned and President Riyale appointed a new commission,
endorsed by all stakeholders. At year's end no date had been set for
the elections.
In 2007 Somaliland opposition figures Mohamed Abdi Gaboose, Mohamed
Hashi Elmi, and Jamal Aideed Ibrahim were released from prison after
serving three months on charges of founding an illegal organization and
creating instability. At year's end the three leaders' political rights
had not been fully restored. They were able to register to vote, but
they were not allowed to participate in the electoral process as
candidates for any party.
In 1998 Puntland declared itself a semiautonomous regional
government during a consultative conference of delegates from six
regions that included traditional community elders, the leadership of
political organizations, members of local legislative assemblies,
regional administrators, and civil society representatives. Puntland
has a single-chamber quasi-legislative branch called the Council of
Elders, which has played a largely consultative role. Political parties
were banned; however, on June 29, the Puntland parliament endorsed a
constitution allowing the establishment of multiparty democracy in two
years. The new constitution, which is subject to a public referendum,
limits the number of political parties to three. On January 8, the
council elected Abdirahman Mohamed Mohamud ``Farole'' 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 are 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. On January 1, the new members of Parliament were
sworn in. On January 17, President Farole appointed 16 ministers,
including three from the previous administration, to form a new
cabinet.
Some Puntland cabinet ministers maintained their own militias,
which contributed to a general lack of security. As part of the
election process, each presidential candidate was required to pay a
$5,000 qualification fee and each vice presidential candidate a $2,500
fee. Some of these funds were used for security during the elections.
Somaliland and Puntland continued to contest parts of Sanaag
Region, as well as Sool Region and the Buhodle Ddistrict of Togdheer
Region during the year. Both governments maintained elements of their
administrations in 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. In January militias
suspected of being from Puntland killed four Somaliland officials--two
civil and two military--who were registering voters in Widhwidh, Sool
Region. Unlike in 2008, there were no reports of population
displacement due to conflict between Puntland and Somaliland.
Somaliland forces remained in control of Las Anod, although Puntland
forces threatened attack and had reportedly expanded their security
presence in surrounding areas.
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. Among the 39 ministers and six state ministers
appointed in February and August, there were only three women
ministers. Minister of Health Qamar Aden Ali, who was killed in the
December 3 suicide bombing, was not replaced.
In the Somaliland government of 28 ministers, a woman held the post
of gender and family minister, and two women were elected to the 82-
member lower house of parliament.
In Puntland there have never been any women on the Puntland Council
of Elders. In December there were two women selected as representatives
to the 66-member parliament, down from five in the previous parliament.
Asha Gelle was reappointed minister of gender and family and as in the
previous administration was the only female minister in the new
Puntland administration. In January three women deputy ministers were
appointed to the cabinet out of a total of 22 deputy ministers.
There were 60 members of the minority Bantu and Arab ethnic groups
in the TFP and four in the TFG cabinet. There were no members of
minority groups in the Somaliland parliament and cabinet. There are 136
distinct subclans in Puntland, 46 of which were represented in the
Council of Elders. These are the largest subclans, and each has one to
four representatives in the 66-member parliament. The other subclans do
not necessarily consider themselves ``minorities,'' and most thought
they were represented within the larger Darod/Harti clan and the
parliament.
Section 4. Official Corruption and Government Transparency
Official corruption was endemic throughout the country, although
the TFG took measures during the year to limit corruption. For example,
the TFG appointed a commission to oversee port revenues, resulting in a
significant increase in funds for the treasury. The law does not
provide criminal penalties for official corruption, and officials
frequently engaged in corrupt practices with impunity. Corruption
existed in almost every transaction in the country, and there is no
regulatory or penal framework in place to combat it. This is true even
in the provision of humanitarian assistance. The 2009 World Bank
Worldwide Governance Indicators reflected that corruption was a severe
problem. Government officials in all three regions were not subject to
financial disclosure laws.
There were no laws providing for public 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 operated
in some 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 organizations. The Mogadishu-based Dr. Ismael
Jumale Human Rights Center (DIJHRC), Elman Peace and Human Rights
Center (EPHRC), Peace and Human Rights Network (INXA), 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, several women's NGOs, and other civil
society organizations also played a role in promoting intraclan
dialogue in Puntland and parts of the south central region.
Somaliland human rights organizations accused authorities of
meddling in their internal affairs and fomenting conflict among them.
During the year attacks and incidents of harassment of
humanitarian, religious, civil society, and NGO workers resulted in at
least 10 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 during the year al-Shabaab administrations in Bay, Bakol, and
Gedo regions ordered local and international NGOs to register and pay
``taxes,'' threatening serious consequences for noncompliance. Al-
Shabaab militia raided and looted humanitarian supplies and equipment
from NGO compounds in Bay, Bakol, Middle Shabelle, and Middle Juba
regions. In March al-Shabaab ordered all international aid agencies to
leave Bay and Bakol regions and ordered all local NGOs to register.
After public protest, this decision was reversed, but two international
aid agencies were expelled. On October 7, militia groups associated
with al-Shabaab dropped leaflets at Medina Hospital warning the
International Committee of the Red Cross, which operates the hospital,
to immediately stop its work. The leaflets, which accused the hospital
of being a TFG institution, also warned the hospital administration and
staff to cease operations and vacate the hospital or face unspecified
consequences.
Somaliland authorities ordered NGOs operating in Somaliland to
present their programs and budgets to the authorities or cease
operations.
There were numerous occurrences of looting, hijacking, and attacks
on convoys of WFP and other humanitarian relief shipments during the
year. On January 2, al-Shabaab militias broke into and looted relief
food rations from the WFP warehouse in Merka, Lower Shabelle Region.
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 Charter prohibit discrimination on the basis of gender or
national origin, but these rights were not respected in practice.
Women.--Laws prohibiting rape exist; however, they were not
enforced. There were no laws against spousal rape. There were no
reports that rape cases were prosecuted during the year. NGOs
documented patterns of rape perpetrated with impunity, particularly of
women displaced from their homes due to civil conflict or who were
members of minority clans. Police and militia members engaged in rape,
and rape was commonly practiced in interclan conflicts. Traditional
approaches to dealing with rape tended to ignore the victim's situation
and instead communalized the resolution or compensation for rape
through a negotiation between members of the perpetrator's and the
victim's clans. Victims suffered from subsequent discrimination based
on attributions of ``impurity.'' Women and girls in IDP camps were
especially vulnerable to sexual violence, contributing to the spread of
HIV/AIDS. In March 2008 the UNIE reported that in Mogadishu and Kismayo
IDP women and girls, particularly those belonging to minority groups,
were increasingly becoming the targets of sexual violence by youth
gangs. In Somaliland gang rape continued to be a problem in urban
areas, primarily by youth gangs, members of police forces, and male
students. Many of these cases occurred in poorer neighborhoods and
among immigrants, refugee returnees, and displaced rural populations
living in urban areas. Many cases were not reported. According to
UNIE's October report, sexual violence, including gang rape of teenage
girls, was on the rise. In the report, UNICEF monitors reported 11 rape
cases in IDP camps in Puntland and 13 cases in Somaliland camps;
victims included mentally and physically handicapped children.
Domestic violence against women remained a serious problem. There
are no laws specifically addressing domestic violence; however, both
Shari'a and customary law address the resolution of family disputes.
The UNIE reported that ``honor'' or revenge killings continued. No
statistical information was available on the extent of domestic
violence. Sexual violence in the home was reportedly a serious problem,
linked to general gender discrimination. Women suffered
disproportionately in the country's civil war and interclan fighting.
Prostitution is illegal, and there were no statistics on its
prevalence. Sexual harassment was a problem, but there were no laws,
data, or government programs to address it.
In the country's overwhelmingly patriarchal culture, women do not
have the same rights as men and are systematically subordinated.
Polygamy is 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 Shari'a 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.
Women's groups in Mogadishu, Hargeisa (Somaliland), Bossaso
(Puntland), and other towns actively promoted equal rights for women
and advocated the inclusion of women in responsible government
positions, and observers reported some improvement in the profile and
political participation of women in the country.
Children.--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 Somaliland some public services may not
be available to children who were not properly registered.
During the year UNICEF reported that more than 60 percent of
schools in Mogadishu were closed and the remaining schools operated
with reduced enrollment and attendance, as many parents withdrew their
children because of security concerns. Since the collapse of the state
in 1991, education services have been partially revived in various
forms, including a traditional system of Koranic schools; public
primary and secondary school systems financed by communities, foreign
donors, and the administrations in Somaliland and Puntland; Islamic
charity-run schools; and a number of privately run primary and
secondary schools, universities, and vocational training institutes.
Few children who entered primary school completed secondary school.
There was a continued influx of foreign teachers to teach in private
Koranic schools and madrassas. These schools were inexpensive and
provided basic education; however, there were reports that they
required the veiling of small girls and other conservative Islamic
practices not traditionally found in the local culture.
There was no formal system of state-provided medical care for
children; however, children were generally treated for life-threatening
illnesses and injuries at hospitals, even if their families could not
afford to pay. Boys and girls had equal access to these services.
Child abuse and rape were serious problems, although no statistics
on its prevalence were available. A 2003 UNICEF report noted that
nearly a third of all displaced children reported rape as a problem
within their families, as did 17 percent of children in the general
population.
Children remained among the chief victims of continuing societal
violence. Child protection monitors verified that hundreds of children
were killed or injured during the year as a direct result of conflict.
Militia members raped children during the conflict and departure of
civilians from Mogadishu.
The practice of female genital mutilation (FGM) was widespread
throughout the country. As many as 98 percent of women 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.
Children were occasionally enlisted in the TFG security forces.
Antigovernment 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. Close to 100 of the estimated 400 prisoners
in the TFG-operated Mogadishu central prison were children detained at
the request of their parents or guardians for truancy and disobedience.
A UNICEF monitoring trip at the beginning of the year revealed that
many children were imprisoned in Somaliland, most without passing
through the court system, usually for disobedience to parents or for
petty crimes. UNICEF and the UNDP started a project to provide the
children with legal assistance, and many were released. The juvenile
justice program also educated justices and lawyers about human rights
problems for children.
Child prostitution was practiced; however, because it was
culturally proscribed and not reported, no statistics were available on
its prevalence. Child prostitution, like all other forms of
prostitution, was legally prohibited in all areas. In most cases
regional authorities imprisoned persons from five to 15 years for this
crime. In al-Shabaab areas, the penalty may be flogging or even stoning
to death. There is no formal statutory rape law or minimum age for
consensual sex. Child pornography is not expressly prohibited.
Trafficking in Persons.--The TFC does not explicitly prohibit
trafficking. In February 2008 Puntland authorities announced that
persons who were caught engaging in human trafficking would be punished
by death. During the year Puntland authorities combated human
trafficking. For example, on February 15, Puntland police raided the
small coastal hamlet of Marera, seized three boats, and arrested 12
suspected traffickers. On July 2, Puntland authorities arrested six
Yemeni in Zaylac District for trafficking. On July 24, Bosasso police
arrested six human traffickers and dispersed 84 persons who were
attempting to use the trafficker's services. In December, off the coast
of Bossaso, the Puntland coast guard arrested four human smugglers whom
they also suspected of piracy. At year's end they remained in detention
pending a continuing investigation. The seven human traffickers who
were arrested in April 2008 in the Maydh District of Sanaag Region were
prosecuted through Puntland's court system. One person was released and
the other six were sentenced to prison terms of three to six years.
There are no laws against slavery or forced or involuntary
prostitution. Information regarding trafficking in the country was
extremely difficult to obtain or verify; however, the Somali territory
was known to be a source, transit, and possibly destination country for
trafficked women and children, and there were reports of trafficking
during the year. Human smuggling was widespread, and there was evidence
that traffickers utilized the same networks and methods as those used
by smugglers. Dubious employment agencies were involved with or served
as fronts for traffickers, especially to target individuals destined
for the Gulf States. Somali women were trafficked to destinations in
the Middle East, including Iraq, Lebanon, and Syria, as well as to
South Africa, for domestic labor and commercial sexual exploitation.
Somali men were trafficked into labor exploitation as herdsmen and
menial workers in the Gulf States. Somali children were reportedly
trafficked to Djibouti, Malawi, and Tanzania for commercial sexual
exploitation and exploitative child labor. Ethiopian women were
believed to be trafficked to and through the country to the Middle East
for forced labor or sexual exploitation. Small numbers of Cambodian men
were trafficked to work on long-range fishing boats operating off the
coast of Somalia. Armed militias reportedly also trafficked women and
children for forced labor or sexual exploitation, and some of those
victims also may have been trafficked to the Middle East and Europe.
Trafficking networks were reported to be involved in transporting child
victims to South Africa for sexual exploitation.
Puntland was noted by human rights organizations as an entry point
for trafficking. The UNIE reported that trafficking in persons remained
rampant and that the lack of an effective authority to police the
country's long coastline contributed to trafficking. Various forms of
trafficking are prohibited under some interpretations of Shari'a and
customary law, but there was no unified policing in the country to
combat these practices, nor was there an effective justice system for
the prosecution of traffickers.
Because of an inability to provide care for all family members,
some persons willingly surrendered custody of their children to persons
with whom they shared family relations and clan linkages. Some of these
children may have become victims of forced labor or commercial sexual
exploitation. At various times, political authorities in the regional
administrations of Somaliland and Puntland expressed a commitment to
address trafficking, but corruption and lack of resources prevented the
development of effective policies and programs. Some officials in these
administrations were known to facilitate or condone human trafficking.
No resources were devoted to trafficking prevention or to victim
protection. There were no reports of trafficking-related arrests or
prosecutions. Somaliland and Puntland officials were not trained to
identify or assist trafficking victims. NGOs worked with IDPs, some of
whom may have been trafficking victims.
Persons With Disabilities.--The TFC, the Somaliland constitution,
and the Puntland Charter all prohibit discrimination against persons
with disabilities.
The TFC states that the state is responsible for the welfare of
persons with disabilities, along with orphans, widows, heroes who
contributed and fought in defense of the country, and the elderly.
The 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 Charter 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 to the UNIE.
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. The UNIE estimated that minority groups constitute
approximately 22 percent of the population. In most areas members of
groups other than the predominant clan were excluded from effective
participation in governing institutions and were subject to
discrimination in employment, judicial proceedings, and access to
public services.
Minority groups and low-caste clans included the Bantu (the largest
minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal,
Yibir, Yaxar, Madhiban, Hawrarsame, Muse Dheryo, and Faqayaqub.
Intermarriage between minority groups and mainstream clans was
restricted 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.
For example, in Galkayo in September 2008, militiamen from the Omar
Mohammud subclan shot and killed a taxi driver. The driver was from the
Marehan clan, and most residents reported that the killing was clan-
linked. There were no developments in this case.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sexual orientation is
considered a taboo topic, and there is 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 Charter and the Somaliland constitution also protect
workers' freedom of association; however, labor laws were not enforced
in the country, resulting in an absence of effective protection for
workers' rights.
The Somaliland Trade Union Organization (SOLTUO), formed in 2004,
claimed to have 26,000 members representing 21 individual unions.
SOLTUO claimed to be democratic and independent, but there were no
activities undertaken by the SOLTUO during the year.
The TFC allows unions to conduct their activities without
interference and grants workers the right to strike. 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 are generally not enforced.
Wages and work conditions in the traditional culture were
established largely on the basis of ad hoc arrangements based on
supply, demand, and the influence of the worker's clan.
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; however, there were reports that such practices occurred. It
could not be confirmed whether, as had been reported in 2005, local
clan militias or other armed militia forced members of minority groups
to work on banana plantations without compensation. It also could not
be confirmed if in Middle and Lower Juba and Lower Shabelle, Bantus
were used as forced labor, as in previous years.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
pre-1991 labor code and the TFC prohibit child labor; however, child
labor was widespread.
The recruiting and use of child soldiers was a problem (see section
1.g.). Young persons commonly were employed in herding, agriculture,
and household labor from an early age. Children broke rocks into gravel
and worked as vendors of cigarettes and khat on the streets. UNICEF
estimated that from 1999 to 2005, 36 percent of children between the
ages of five and 14 were in the workforce--31 percent of males and 41
percent of females. The actual percentage of working children was
believed to be higher. The lack of educational opportunities and
severely depressed economic conditions contributed to the prevalence of
child labor.
In Somalia the Ministries of Labor and Social Affairs and Gender
and Family Affairs were responsible for enforcing child labor laws. In
Somaliland it was the Ministry of Family and Social Development, and in
Puntland it was the Ministry of Labor, Youth and Sports. In practice
none of these ministries enforced these laws.
e. Acceptable Conditions of Work.Although the TFC and the
Somaliland constitution both include provisions for acceptable working
conditions, there was no organized effort by any of the factions or de
facto regional administrations to monitor acceptable conditions of work
during the year. There is no national minimum wage. There was no
information on the existence or status of foreign of migrant workers in
the country. With an estimated 43 percent of the population earning
less than 40,000 Somali shillings (less than $1) per day, there was no
mechanism to attain a decent standard of living for workers and their
families. During the year high inflation, continued insecurity, and
other factors significantly decreased the standard of living in all
areas of the country. By year's end 3.5 million Somalis required
emergency humanitarian assistance.
__________
SOUTH AFRICA
South Africa is a multiparty parliamentary democracy in which
constitutional power is shared between the president and the
parliament. The country has a population of approximately 49.3 million.
On April 22, in generally free and fair national elections the ruling
African National Congress (ANC) gained 65.9 percent of the vote, and
its parliamentary representation was reduced from 297 to 264 of 400
seats. Parliament then elected ANC President Jacob Zuma as the
country's president. Civilian authorities generally maintained
effective control of the security forces.
The government generally respected the human rights of its
citizens. However, the government, nongovernmental organizations
(NGOs), and local media reported the following serious human rights
problems: police use of excessive force against suspects and detainees,
which resulted in deaths and injuries; vigilante and mob violence;
abuse of prisoners, including beatings and rape and severe overcrowding
of prisons; lengthy delays in trials and prolonged pretrial detention;
forcible dispersal of demonstrations; pervasive violence against women
and children and societal discrimination against women, 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.--There were no
reports of politically motivated killings by the government or its
agents; however, police use of lethal force during apprehensions
resulted in a significant number of deaths, and deaths in police
custody were a problem. Police efforts to control vigilante violence
also resulted in deaths. In some cases, the government investigated and
punished the perpetrators.
According to the governmental Independent Complaints Directorate
(ICD), there were 300 deaths in police custody and 612 deaths as a
result of other police action in the year ending March 31, a 15 percent
increase from the previous year. The ICD cited 29 deaths due to the
negligent use of a firearm; domestic violence and off-duty shootings by
police resulted in 39 deaths. Forty-four civilians died due to
negligent handling of a police vehicle. The ICD report expressed
concern that 32 bystanders were killed during police activity.
According to the ICD, KwaZulu-Natal (KZN) Province recorded a 47
percent increase in deaths in police custody and as a result of other
police action, accounting for 258 of the national total. Of these,
authorities attributed 117 deaths to natural causes, 108 to suicide, 48
to injuries sustained prior to detention, and 27 to injuries sustained
in custody.
Police struggled to address a violent crime rate that ranked
highest in the world. Following inflammatory comments by Deputy Police
Minister Fikile Mbalula, who called for the use of firepower against
criminals, the media and civil society groups criticized what they
called the police's ``shoot to kill'' policy. President Zuma stressed
that the police do not have a ``license to kill'' and attributed the
use of excessive force to a lack of training and resources.
On November 1, two intoxicated off-duty police officers in Pretoria
shot and killed a street vendor after refusing to pay for the food the
officers had eaten. Both officers were arrested, and the ICD launched
an investigation; there were no further developments by year's end.
On November 7, outside Johannesburg, three-year-old Atlegang
Phalane was shot and killed when police officer Shadrack Malaka, a
constable, fired through the window of the parked car Phalane was
sitting in. Malaka stated he mistook a metal pipe the child was holding
for a gun. Malaka was arrested for murder and denied bail; the trial
was pending at year's end.
Deaths while in police custody were a problem. On February 9,
police officers kidnapped Sidwell Mkwambi and Siyabulela Njova, took
them to the offices of the Bellville South Priority Crime Investigation
(DPCI) unit, also known as ``the Hawks,'' and assaulted them for hours.
According to Njova, the men were beaten with fists, handcuffs, the butt
of a gun, and a traditional heavy leather whip during interrogation. In
a statement to police, Njova said he later saw unit members dragging
Mkwambi's limp body down a passage. On February 11, Mkawmbi's body was
found in a police vehicle parked outside Tygerberg Forensic Pathology
Services. The ICD stated that an investigation produced enough evidence
to establish a murder case against 14 officers from the specialized
unit; however, the Western Cape police commissioner had neither
suspended nor arrested the officers by year's end.
There were reports of deaths from political conflict among parties,
including killings between rival parties during the election period
(see section 3).
There were no developments in the 2007 arrests of three persons in
connection with the 2006 killings of Estcourt deputy mayor Dolly Dladla
and councilor Music Mchunu, both members of the Inkatha Freedom Party
(IFP).
Incidents of vigilante violence and mob killing continued,
particularly in Gauteng, the Western Cape, Mpumalanga, and KZN in the
rural areas and townships. For example, on January 4, in Durban, a
Zimbabwean citizen and a Tanzanian citizen fell to their deaths from a
high-rise building as they tried to escape a 150-person mob armed with
homemade knives. Durban ANC municipal councilor Vusi Khoza, considered
to be the mob leader, was charged with murder; the trail continued at
year's end.
There were no further developments in the June 2008 stoning of a
man by vigilantes who suspected he had stabbed another man in KZN.
Xenophobic attacks on foreign African migrants remained a problem;
however, attacks did not occur on the scale of the previous year.
Killings and other violent crimes against white farmers and, on
occasion, their families, continued in rural areas. Despite concern
among the farmers that they were targeted for racial and political
reasons, studies indicated that the perpetrators generally were common
criminals motivated by financial gain. The South African Police Service
(SAPS) incorporated farm attacks and killings into overall statistics
of violence and homicide, rather than reporting them separately. The
Freedom Front Plus, an Afrikaner minority political party, and farmers'
unions criticized what they viewed as an inadequate government response
to the scale and brutality of farm attacks.
There were reports that persons accused of witchcraft were attacked
and driven from their villages in rural communities, and in some cases
murdered, particularly in Limpopo, Mpumalanga, KZN, and the Eastern
Cape, where suspicion of witchcraft activity could lead to accusation,
assault, forced exile, and killings, particularly of elderly women.
Traditional leaders generally cooperated with government educational
programs and reported threats against persons suspected of witchcraft.
For example, on March 13, a man in the Eastern Cape killed two
women he suspected of trying to thwart his financial success through
witchcraft and then hanged himself.
The September 2008 trial of two brothers in the Eastern Cape who
admitted to killing their younger brother whom they suspected of
practicing witchcraft continued at year's end. There were no
developments in the 2007 killing of three family members accused of
witchcraft in the Eastern Cape.
Ritual killings (muthi killings), especially of children, to obtain
body parts believed by some to enhance traditional medicine practices,
remained a problem. SAPS incorporated occult-related cases into its
standard crime reporting of killings and assaults; specific muthi
killing statistics were unavailable.
On March 4, the mutilated body of single mother Norah Dyanti was
found outside of her home in the village of Etholeni in the Eastern
Cape. Her throat and genitals had been cut out and her body exhibited
multiple stab wounds. Police believed Dyanti was one of several victims
of serial killings perpetrated by a crime syndicate, but they did not
classify it as a muthi killing.
There were no further developments in the November 2008 suspected
muthi attack on a man in the Eastern Cape, in which an assailant cut
off the man's nose and genitalia. SAPS believed the attacker was a
serial killer who used body parts in the preparation of muthi.
In August 2007, a South African military court found Air Force
Sergeant Philippus Jacobus Venter guilty of raping and murdering a 14-
year-old girl and assaulting a Burundian security guard while serving
as a peacekeeper in Burundi in 2004. He was sentenced to 24 years'
imprisonment. In October 2008 Venter appealed the ruling, claiming his
constitutional right to a fair trial was breached, as the arresting
military police officer failed to follow proper procedure. The judge
reserved judgment on Venter's appeal; the case was pending at year's
end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
some police officers reportedly tortured, beat, raped, and otherwise
abused suspects. According to Amnesty International in a September
memoranda to the government, methods included the use of electric
shock, suffocation, and prolonged assaults with batons, fists, and
booted feet. Police torture and physical abuse allegedly occurred
during interrogation, arrest, detention, and searches of persons'
homes, and sometimes resulted in death (see section 1.a.).
During the year the ICD reported 25 complaints of rape; however,
unlike in previous years, they did not report complaints of torture.
The report stated that three cases of torture from previous years were
investigated but did not indicate the disposition of the complaints.
The ICD received 928 reports of assault with the intent to cause
grievous bodily harm. 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.
On September 10, David Ndzumeka alleged he was kidnapped and
tortured for several hours by Cape Town members of the DPCI. Ndzumeka
stated that the officers placed a plastic bag over his head and
repeatedly suffocated him until he was unconscious. An ICD
investigation into the incident continued at year's end.
In a 2008 report to parliament, the ICD reported it was
investigating 20 reports of torture and 739 reports of assault with the
intent to cause grievous bodily harm. 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 of unnatural causes 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. 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 237
operational prisons did not meet international standards, and prison
conditions did not always meet the country's minimum legal
requirements. The Judicial Inspectorate of Prisons (JIP) received 2,010
complaints of assaults against prisoners by correctional officers for
the reporting period from April 2008 through March 2009. 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 JIP report, there were 1,048 prison
deaths during the reporting period. Of these, 982 were from natural
causes, including HIV/AIDS; the remaining deaths were the result of
suicides, assaults, or accidents. Of the total deaths, 751 were
sentenced prisoners, while the remaining 297 were pretrial detainees.
According to the JIP report, there were 165,230 prisoners in
facilities designed to hold 114,822. Of these, 3,659 were women. There
were 1,663 juveniles in prison facilities, 803 of whom were pretrial
detainees. Due to severe overcrowding, many prisoners had less than 13
square feet in which to eat, sleep, and spend 23 hours a day. The unmet
norm applied to prisons for floor space per prisoner is approximately
36 square feet for communal space and 60 for single cells. Chief Deputy
Commissioner for Security Willem Damons reported to parliament's
correctional services committee that prison overcrowding was down to
142 percent of capacity in 2008-09 from the 164 percent recorded the
previous year.
A 2008 Department of Correctional Services (DCS) study on HIV/AIDS
indicated 19.8 percent of sentenced prisoners between the ages of 15
and 49 were HIV-positive. However, NGOs working on HIV/AIDS in prisons
believed that the percentage of HIV-positive prisoners was higher than
that of the general population's 25 percent. According to the DCS's
annual report, 18 centers dispensing antiretroviral (ARV) therapy were
operational during the year.
Corruption remained a problem within prisons, although in most
cases correctional services officials were either suspended or fired
following an investigation. According to the JIP report, there were 500
complaints of corruption during the annual reporting period out of the
260,268 complaints received. In November 2007 then President Thabo
Mbeki ordered the Special Investigating Unit (SIU) to look into
allegations of tender abuse in the DCS. In May 2008 SIU briefed the
Parliamentary Portfolio Committee on Correctional Services.
Investigations, which continued, raised procedural concerns, identified
irregularities in 23 contracts, and recommended that 433 officials be
penalized. Twenty-six doctors and ten officials were charged with
criminal offenses; an additional 433 officials were disciplined. In
August 2008 the DCS national commissioner launched an investigation
into allegations of malfeasance in tendering for contracts in which
funds were allegedly awarded unlawfully to a catering company. On
September 17, the SIU delivered its final investigation results to
Correctional Services Minister Nosiviwe Mapisa-Nqakula. On December 7,
the National Prosecuting Authority (NPA) forwarded the findings to the
Serious Economic Offenses Unit of SAPS for further investigation.
Unlike in previous years, there were no reports of abuse at the
Lindela Repatriation Center, the country's largest detention facility
for undocumented immigrants.
The government operated 13 youth detention facilities. Unlike in
previous years, the JIP did not report on any children under the age of
18 being held with adults in order to be close to the courts.
Pretrial detainees generally were held with convicted prisoners.
The government permitted independent monitoring of prison
conditions, including visits by human rights organizations to most
facilities.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions; however, prolonged pretrial detention was
a problem, and police arbitrarily arrested demonstrators.
Role of the Police and Security Apparatus.--The SAPS, under the
Department of 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.
On January 30, the government officially disbanded the NPA's
Directorate of Special Operations (DSO), known as ``the Scorpions,''
which had coordinated efforts against organized crime and official
corruption. The political opposition and general public criticized the
move, charging that it was retaliation for DSO investigations of high-
ranking ANC officials, including Jacob Zuma. On July 6, the Scorpions
were replaced by the DPCI, also known as ``the Hawks.''
During the year the ICD received 6,119 complaints against the
police, a 5 percent increase from the 5,830 complaints the previous
year. Minister of Police Nathi Mthethwa reported to parliament that in
2008-09, a total of 669 officers faced disciplinary hearings, of whom
538 were found guilty. Among the accused, 38 officers were charged with
murder, 33 with attempted murder, and 30 with rape. Minister Mthethwa
stated that the status of the court cases was unavailable and declined
to provide figures for previous years.
To address problems of crime and misconduct, SAPS provided its
officers with comprehensive training in corruption prevention, human
rights, and ethics and with access to social workers, psychologists,
and chaplains to enhance psychological well-being. The ICD investigated
reports of police misconduct and crime; during the reporting period, 14
officers were found guilty of murder and sentenced to imprisonment,
while four officers were found guilty of culpable homicide and
sentenced to imprisonment, suspended sentences, and/or fines.
There were no further actions taken by the 10 task groups
commissioned in 2008 by the minister of justice to recommend reforms
following a presidentially mandated review of the criminal justice
system in August 2008. SAPS continued efforts to professionalize;
however, it remained ill equipped, overworked, and poorly trained.
Although SAPS made efforts to improve coverage in rural and township
areas, most law enforcement activities remained focused on wealthy
residential and business areas.
Arrest Procedures and Treatment While in Detention.--The law
requires arrest warrants based on sufficient evidence and issued by a
magistrate or judge and provides that all detainees be informed
promptly of the reasons for their detention, and of their right to
remain silent and the consequences of waiving that right. Detainees
must be charged within 48 hours of arrest; held in conditions
respecting human dignity; allowed to consult with legal counsel 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. Courts and police generally respected these
rights. Detainees must be released (with or without bail) unless the
interests of justice require otherwise; however, bail for pretrial
detainees often exceeded what suspects could pay. According to the
annual JIP report, 8,500 prisoners remained in detention as of March 31
because they were unable to post bail. Some schoolchildren spent more
than a year in detention because their families could not post bail.
Human rights groups, judges, and judicial scholars continued to
express concern about the Criminal Procedure Second Amendment Act,
which mandates minimum jail sentences and prohibits bail in certain
cases.
There were cases of arbitrary arrest during the year. For example,
on September 26, 40 local tavern owners in Durban ransacked and
demolished the offices of Abahlali baseMjondolo (AbM), an organization
that advocates for the rights of those who live in informal
settlements, also known as the ``shack dwellers movement.'' The AbM had
been fighting the KZN provincial government's attempts at forcibly
removing inhabitants and demolishing the Kennedy Road informal
settlement. The mob also demolished the homes of several AbM members,
allegedly in the presence of the local police. The attacks lasted for
two days, during which time two persons were killed. Police
subsequently arrested 13 members of AbM; the 13 were held without
charge until December 16, when 12 members were charged with a range of
crimes, including property destruction, public violence, and murder. Of
these, seven members were released on bail; the additional person was
released with all charges dropped. By year's end bail hearings for the
five remaining prisoners had been postponed several times.
Lengthy pretrial detention was a problem. According to the JIP
annual report, detainees waited an average of three months, but some as
long as two years, before a trial. The report found that 49,477
prisoners were awaiting trial as of March 31, an increase from 48,729
prisoners from the previous year.
Amnesty.--The remains of the three Port Elizabeth Black Civic
Organization leaders, known as the Pebco Three, who were murdered by
apartheid-era police in 1985 but not discovered until 2007, were
finally identified and handed over to the families of the activists for
burial. On October 3, during a ceremony attended by President Zuma, the
remains of the Pebco 3 were reburied in Port Elizabeth. The 1999 Truth
and Reconciliation Commission refused four security police officers
amnesty for their involvement in the crime, and they were later found
guilty on multiple charges, including murder.
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 concerned with the judicial process, 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 state funded
legal counsel when ``substantial injustice would otherwise result'';
however, a general lack of information for accused persons regarding
their rights to legal representation and the government's inability to
pay for these services remained problems. 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 Criminal Procedures Act provides for an
automatic review of all prison sentences longer than three months.
Political Prisoners and Detainees.--The Inkatha Freedom Party (IFP)
maintained that 384 IFP members had been imprisoned since 1994 for
political reasons. 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 then president Mbeki and
Justice Minister Mabandla had ignored the matter. On September 30, 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; no applications had been processed by
year's end.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is access to the courts
to bring lawsuits seeking damages for, or cessation of, a human rights
violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions.
However, there were allegations of police abuse during sweeps and home
searches and criticisms of police and judicial procedures, including
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. On July 1, 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 in order 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 enables 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
that farm workers were generally unaware of their right to legal
counsel during eviction proceedings. In Limpopo, where several hundred
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 articulate criticism of the government
openly, without fear of reprisals, although some journalists expressed
concern that the government heavily influenced and tried to control the
media. The practice of appointing journalists to key positions in the
media due to their political allegiances remained a problem,
particularly within the public broadcaster the South African
Broadcasting Corporation (SABC).
According to the South African Advertising Research Foundation,
print media reached 46.4 percent of the population. Despite the
diversity of publications, the concentration of media ownership in the
hands of large media groups limited plurality of opinion within the
press.
The majority of citizens received news through radio broadcasts
from the government-owned 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 in the country's 11
official languages, with its signal received by an estimated 92 percent
of citizens. After allegations surfaced in 2008 of mismanagement,
nepotism, and political infighting, the SABC removed senior leaders and
the board of directors during the year. On September 17, the National
Assembly named 12 new board members, some of whom had already been
named to an interim board in July. The nominations received a generally
positive reaction from the media and opposition parties.
The SABC's election coverage was initially criticized by opposition
parties; however, after the election the coverage was acknowledged to
be ``largely fair'' by the media watchdog Media Monitoring Africa.
During the year an investigation by the Independent Communications
Authority of South Africa into the SABC's alleged 2006 blacklisting of
certain political commentators from appearing on the SABC's airwaves
due to their political affiliations concluded. The committee found it
had no jurisdiction over the SABC during the period in question, as the
Broadcasting Act guarantees journalistic independence from the SABC,
and referred the issue to the SABC board.
Due to alleged mismanagement, the SABC was unable to pay creditors,
including independent content production companies, in a timely manner,
leading commentators and analysts to predict that the local television
industry faced collapse. In response to cost-cutting measures driven by
the alleged mismanagement, the SABC proposed to develop content in-
house rather than relying on more expensive independent companies. This
decision raised questions within civil society about media independence
in the country. The SABC sought a government bailout, which raised
further concerns regarding the editorial independence of the public
broadcaster.
Low-power, nonprofit community radio stations continued to play an
important role in informing the mostly rural public; however, they
often had difficulty producing adequate content and maintaining staff.
Government broadcast regulators regularly issued new community radio
licenses and withdrew others for noncompliance with the terms of
issuance.
Privately owned E.tv was the second largest channel in the country,
and the most viewed English-language channel, with a viewership of 11.9
million, approximately 25 percent of the population. Beginning in June
2008, E.tv's owners, Midi TV, operated a 24-hour news service, E-News
Channel.
Government and political officials on occasion reacted sharply to
media criticism and accused black journalists of disloyalty and white
journalists of racism. Some journalists believed that the government's
sensitivity to criticism caused self-censorship in the media.
In the period preceding the April elections, several high-ranking
politicians, including the head of the ANC Youth League, made widely
reported disparaging remarks about the media, accusing it of being
unpatriotic and part of ``third force'' elements aimed at destabilizing
the country. Several opposition parties also accused the SABC of giving
disproportionate coverage to the ruling ANC. As a result, the SABC
appointed a political coverage liaison to adjudicate complaints.
Several laws enacted during the year impacted press freedom. On
August 28, the Films and Publications Act was passed by parliament. The
act states that every publication not regulated by the press ombudsman,
including online material, must 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.'' The bill was criticized by media watchdog
organizations, as well as individual media commentators, as a possible
vehicle for restriction of press freedom.
In addition, a February amendment to the Broadcasting Act allowed
for 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.
There were no reports that these laws were invoked during the year;
however, journalists and media managers considered them a threat to
constitutional protections.
The Film and Publications Board reviewed written and graphic
materials published in, or imported into, the country. The board had
the power to edit or ban books, magazines, movies, and videos, and it
regularly exercised that power, mostly regarding pornographic material.
Journalists, media houses, and industry associations continued to
criticize efforts to extend the board's authority to newspapers and
broadcast media.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in peaceful
expression of views via the Internet, including by e-mail. A 2008 World
Bank World Development Indicators survey estimated there were 4.5
million Internet users in the country, representing approximately 9
percent of the population. The study reported an increase in access of
12.5 percent since 2007, attributed largely to small businesses.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police forcibly dispersed several demonstrations during the
year, which resulted in injuries.
Several protests over poor delivery of basic services took place
across the country, including violent demonstrations in Western Cape,
Gauteng, and North West provinces. Police used batons and rubber
bullets to control the demonstrations; several injuries were reported.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice.
Societal Abuses and Discrimination.--There were occasional reports
of desecration and vandalism or verbal or written harassment directed
against religious minorities during the year.
On August 31, in Kulis River, a senior manager at the store Mr.
Price Home told Shaheeda Groenmeyer, a Muslim employee, to remove her
headscarf as she was in violation of the company's uniform policy. The
company publicly apologized after Groenmeyer filed a complaint with the
Muslim Judicial Council, which insisted that the chain store change its
uniform policy.
The Jewish community was estimated at 75,000 to 80,000, although it
was contracting due to the emigration of young professionals seeking
economic opportunities.
On January 14 at a pro-Palestine rally organized by the Congress of
South African Trade Unions (COSATU), then Deputy Foreign Minister
Fatima Hajaig stated that ``the control of America, just like the
control of most Western countries, is in the hands of Jewish money, and
if Jewish money controls their country then you cannot expect anything
else.'' Then foreign minister Nkosazana Dlamini-Zuma distanced herself
from the comments, and the South African Board of Jewish Deputies filed
a complaint against Hajaig at the South African Human Rights
Commission. On February 3, Hajaig apologized for her comments; however,
the Board of Deputies accused her of giving an insufficient apology
that ``failed to address, let alone repudiate her anti-Semitic
statements'' and rejected it. On February 4, Hajaig was summoned to the
office of then President Kgalema Motlanthe and later that day gave an
apology for her hate speech that was accepted by the Board.
On March 5, at Witwatersrand University, COSATU International
Relations Secretary Bongani Masuku made comments that the South African
Human Rights Commission (SAHRC) found to be of an ``extreme nature''
that amounted to hate speech. The SAHRC subsequently launched an
investigation. They reported that Masuku appeared to advocate hatred
against Jews and Israel and ``incited violence based on religion, an
area which freedom of expression does not protect.'' The SAHRC
recommended that the matter be resolved through litigation to seek a
public apology from Masuku before the Equity Court. Masuku planned to
appeal the decision; there were no further developments at year's end.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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.
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 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.
The law does not prohibit forced exile; however, the government did
not use it.
Internally Displaced Persons (IDPs).--Foreign African migrants were
displaced during the year following xenophobic attacks. On November 17,
a mob chased approximately 3,000 Zimbabwean migrants out of the town of
De Doorns by attacking and destroying the migrants' shacks. Police
fired rubber bullets to disperse the mob and arrested 24 persons for
public violence. The minister of home affairs sent a delegation to the
town to assist those migrants who lost their identification documents
during the attack. The migrants set up an informal IDP camp on a local
rugby field and remained there at year's end. 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. On December 17, Witswatersrand University's Forced Migration
Studies Project (FMSP) released a study that indicated that
dissatisfied local labor brokers pressured local leaders and residents
to chase the Zimbabweans away because they were angered by income
losses blamed on Zimbabwean labor brokers.
In May 2008 xenophobic attacks against foreign African migrants and
ethnic minorities by South African civilians in townships in
Johannesburg escalated into a national wave of violence in which 62
persons were killed in Western Cape, Gauteng, and KZN provinces. Of
these, 21 were South African citizens, 11 were Mozambican, five were
Zimbabwean, and three were Somali. The remaining 22 bodies were not
identifiable. Fifty-three of the killings took place in Gauteng
Province. An estimated 670 persons were seriously injured nationwide.
The perpetrators blamed the immigrants for job and housing losses and
increasing levels of crime. Most attacks were perpetrated by small mobs
adopting vigilante tactics, in some cases under the influence of
alcohol. Some victims were beaten to death, others were stabbed, and
their shacks were looted and burned.
In 2008 the SAHRC stated that it would conduct a thorough inquiry
into the xenophobic attacks; however, no investigation had been
launched by year's end. The government was widely criticized for its
slow response in arresting and prosecuting 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. In March the NPA
reported that 1,627 xenophobia suspects were initially arrested,
resulting in 469 criminal cases based on the 2008 attacks. Of these, 70
suspects were found guilty, 35 were found not guilty, 208 cases had
been withdrawn, and 156 cases were outstanding. NGOs noted that none of
the arrests or prosecutions were for murder, but the FMSP reported that
one suspect was convicted of murder and sentenced to 15 years in
prison. There were no further developments by year's end.
Although the government announced in May 2008 that it would set up
special courts to speed the prosecution of the perpetrators of the
violence, only the Western Cape created such courts, and significant
delays were reported. On September 2, the Equality Court in Cape Town
postponed until September 28 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.
The estimated 80,000 migrants who were displaced by the violence
fled to 72 temporary shelters set up by NGOs and the government in the
wake of the attacks. Humanitarian organizations raised concerns that
government efforts did not adequately meet the UN Guiding Principles on
Internal Displacement.
The provincial governments' threatened closures of the shelter
sites throughout July and August 2008 drew criticism from the UN and
assistance organizations, which voiced concern that government efforts
to encourage host communities to accept foreigners were inadequate. All
sites in Gauteng Province were officially closed by October 2008, while
the last shelter in Western Cape closed in November 2008. The
provincial governments claimed that migrants were safe to return to the
townships; however, some attacks continued to occur. Populations at the
shelter sites gradually decreased, as some IDPs returned to their
countries of origin, while others returned to their former homes or
sought safer accommodation in new locations. The 80,000 displaced
persons from the 2008 attacks had dispersed or reintegrated by year's
end.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol, and the
government has established a system for providing protection to
refugees. The law also provides for a broader definition of refugee
status to be granted if a person satisfies the definition in the 1969
Organization of African Unity's (now African Union's) Convention
Governing the Specific Aspects of the Refugee Problem in Africa.
In practice the government generally provided protection against
the expulsion or return of those recognized as refugees. However,
refugee advocacy organizations charged that police and immigration
officials abused refugees and asylum seekers and forcefully repatriated
some asylum seekers, particularly Zimbabweans. 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.
Following concern about the expulsion or return of refugees and
asylum seekers to countries where their lives or freedom would be
threatened, the government took steps to address these concerns during
the year, which were welcomed by some watchdog organizations. On May 1,
the government suspended deportations of Zimbabweans; 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 proposed permit would allow holders to remain in
South Africa for six months and afford the right to education, work,
and access to basic health care; however, the permit system had not
been implemented by year's end.
Due to the ongoing economic and political problems in neighboring
Zimbabwe, the number of Zimbabweans seeking employment in the country
continued to increase. While the DHA publicly stated that it did not
know how many illegal immigrants were in the country, reports by
independent organizations such as UNHCR and Doctors without Borders
estimated there were one to three million Zimbabweans in South Africa.
DHA struggled to keep up with processing asylum claims.
The government cooperated to some degree with the UNHCR and other
humanitarian organizations in assisting recognized refugees and asylum
seekers. The government also offered temporary protection to some
individuals who may not have qualified as refugees under the 1951
Convention or the 1967 Protocol. According to the DHA Annual Report,
117,436 temporary and permanent residence permits were issued. The
report did not indicate how many permits were rejected.
Although the law provides for guaranteed access to basic services,
education for refugee children, and access to police and courts, NGOs
such as Human Rights Watch found that in practice, asylum seekers,
migrants, and refugees faced discrimination at health care facilities
and by law enforcement representatives.
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.--On April 22, the country
held a largely peaceful, free, and fair national election. The ANC
received 65.9 percent of the vote, a decrease from 69.7 percent in
2004, and its parliamentary seats were reduced from 297 to 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 lead opposition party, the Democratic
Alliance (DA), increased its share of the vote to 16.7 percent and its
seats to 67. The new ANC breakaway party established in 2008, Congress
Of the People (COPE), won 7.4 percent of the vote for 30 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, DA had
10, and COPE seven seats. 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.
There were some reports of irregularities during the elections,
including a few instances of violence and one attempted vote rigging.
According to an April 21 newspaper report, statistics released by
the government's security sector ministers showed that KZN continued to
be the province with the highest number of cases of election-related
violence and intimidation. In the six weeks prior to the elections, 162
cases related to election violence were reported, including four
killings, four attempted killings, one case of arson, and one case of
intimidation with a firearm. Twenty-five cases of intimidation were
reported, including 62 in the Northern Cape and 30 in Limpopo.
A report released by the NGO KZN Violence Monitor stated that at
least nine killings believed to be politically motivated were reported
in KZN since the beginning of the year.
On January 22, ANC stalwart Inkosi Mbongeleni Zondi was shot dead
in Umlazi, KZN, while visiting his fiancee. Two IFP members, Makhosabo
Mkhize and Siphamandla Mhlongo, were arrested and charged with murder.
On July 1, the court granted Mkhize bail but denied it for Mhlongo. The
case was adjourned until July 29; however, on July 28 Makhosabo Mkhize
was killed, allegedly by a group of men who attacked him while he was
sleeping in his home. No arrests were made; Mhlongo's trial was
adjourned until next year.
On April 22 in KZN, Ulundi election official Sindisiwe Mncube was
arrested after being caught with illegally marked ballot papers
favoring the IFP. On June 26, Mncube was found guilty on five charges
of forgery and violating the electoral code and sentenced to five years
in prison.
On April 15, ANC member Ndikho Tyawana was found guilty of stabbing
former ANC provincial secretary Mcebisi Skwatsha to death at a party
meeting in June 2008 and sentenced to eight years in prison, three of
them suspended.
In the new administration, women held 14 of 34 ministerial
positions, including the ministerial portfolio of foreign affairs, 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 generally implemented these laws effectively. Public
officials were subject to financial disclosure laws, and the government
continued its efforts to curb corruption; however, corruption remained
a problem. The public perception of widespread official corruption,
particularly in the police and the DHA, continued despite government
assurances that the issue was being addressed. Additionally, public
perception of corruption at the local government level increased
following President Zuma's declaration that his government would fight
to curb corruption among provincial and local government officials.
Several officials, including leaders in Gauteng and Northwest
provinces, were removed by the government following allegations that
they took bribes.
On August 9, North West Province Auditor General Douglas Maphiri
and four other officials in his office were suspended following
allegations that Maphiri solicited bribes from politicians in the
provincial legislature to cover up cases of corruption. An
investigation continued at year's end.
The government's anticorruption actions included ongoing
investigations into the alleged misconduct of public officials. At
least 10 agencies were engaged in anticorruption efforts. Some, like
the Public Service Commission, the Office of the Public Prosecutor, and
the Office of the Auditor-General, are constitutionally mandated. SAPS
had a unit dedicated to anticorruption activities.
On September 17, Finance Minister Praven Gordhan revealed the
Treasury's review of provincial budgets and spending. The task team had
identified more than 2,000 officials engaged in improper activity. In
November President Zuma signed a proclamation authorizing an SIU
investigation into provincial government corruption. The investigation
probe alleged widespread financial irregularities in all 24
municipalities in North West Province; the investigation continued at
year's end.
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. On November 27, Minister of Human Settlements Tokyo
Sexwale reported 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
investigation continued at year's end.
The Office of the Public Protector investigated government abuse
and mismanagement and served as the office of last resort for citizens
reporting unfair treatment by government entities. The office handled
an increasing number of complaints but was hampered by severe resource
constraints.
There were no developments in the trial, postponed since 2006, of
Bloemfontein's former mayor, Pappie Mokoena, the municipal manager,
chief operating officer, and nine other city officials on charges of
corruption and fraud. The trial was postponed until early 2010.
The government suspended prosecutions in ``Travelgate,'' the 2004
controversy involving misuse of official funds by parliamentarians and
their travel agents. In May 2008 the liquidators of Bathong Travel, the
agency at the center of the scandal, announced that the parliamentary
probe had been terminated. Opposition parties asked parliament to
explain why all civil actions against members of parliament (MPs) were
abandoned. Parliament responded that internal parliamentary proceedings
against 11 implicated MPs continued. One of the MPs identified for
prosecution, Mnyamezeli Booi, was later appointed as the ANC's chief
whip in the National Assembly. Following the elections, Booi was
appointed chairperson of the Portfolio Committee on Defense and
Military Veterans. On September 28, Booi pleaded guilty and admitted to
defrauding parliament of 92,000 rand ($12,450) worth of travel
vouchers. The court fined Booi 50,000 rand ($6,765) and gave him a one-
year suspended sentence. The DA quickly called for Booi's removal as an
MP, but the ANC refused to recall him, saying Booi had shown remorse in
admitting his guilt and by repaying the money to parliament.
On April 6, prior to the elections, the NPA dropped its
investigation into corruption charges against ANC President Jacob Zuma.
In December 2007 the NPA had indicted Zuma on 16 counts of
racketeering, corruption, money laundering, and fraud. In July 2008
Zuma lost a Constitutional Court appeal to have the warrants used by
the DSO to search his properties ruled invalid. In September 2008 High
Court Judge Chris Nicholson dismissed the corruption charges against
Zuma, ruling that the government had mishandled the case, and that Zuma
had been wrongly denied a chance to give his side of the story to
investigators before being charged. In his ruling, Nicholson stated he
was not convinced that Zuma ``was incorrect in averring political
meddling in his prosecution,'' an inference that led the ANC to recall
President Mbeki in October 2008. In March the NPA, citing state
politicization of the case against Zuma, dropped all charges. The NPA
subsequently reorganized, and Zuma became president on May 9 with no
pending accusations against him.
The law provides for access to government information; however, the
government did not always comply with the law. If a government
department refuses to provide information, the requester can launch an
internal appeal. If this also fails, the requester may appeal a
decision to the High Court, a lengthy process that excludes groups or
individuals who cannot afford it. The Open Democracy Advice Center
(ODAC) continued to report that many requests for information went
unanswered or were answered outside the period provided for in the
legislation. However, ODAC's 2007 annual report noted that many
requests were unclear or poorly drafted, making a response difficult.
Section 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. Many
organizations participated in governmental bodies that gathered
information and developed policies related to human rights. Major
independent human rights NGOs included Lawyers for Human Rights, the
Foundation for Human Rights and the Human Rights Institute of South
Africa. International and domestic NGOs and UN agencies spoke out
against xenophobic violence in the country during the year and
criticized the government's response.
The SAHRC, which was created by the government but operated
independently, was responsible for promoting the observance of
fundamental human rights at all levels of government and throughout the
general population. The SAHRC also has the 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, crime, refugees, human rights,
and democracy.
The SAHRC investigated several complaints during the year,
including an investigation into hate speech by COSATU International
Relations Secretary Bongani Masuku (see section 2.c.).
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 denied these rights
in practice.
Women.--Rape, including spousal rape, is illegal but remained a
serious and pervasive problem. The country had one of the highest
incidences of rape in the world. According to the 2008-09 SAPS annual
report, the number of sexual offenses increased by 12 percent during
the year to 71,500 reported cases from 63,818 reported cases in 2008.
According to NGOs, rape of elderly women increased. SAPS began
recording all sexually related offenses under a single category, as
required by amendments to the Sexual Offences Act (SOA) in 2007. Among
other provisions, the amendments also expanded the definition of rape
to include all forms of sexual penetration without consent irrespective
of gender and broadened definitions of sexual assault against children
and persons with mental disabilities.
A June report released by the Medical Research Council found that
more than 25 percent of men interviewed in KZN and Eastern Cape
Province admitted to committing at least one rape and, of those, more
than half admitted to raping more than one person.
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 rapes was
reported to SAPS, as in most cases the attackers were friends or family
members of the victims, who therefore were afraid or reluctant to press
charges. This estimate implied that during the year well over half a
million women suffered sexual violence. The NGO Treatment Action
Campaign reported that one in three South African women would be raped
in her lifetime.
Allegations of rape, sexual assault, and sexual harassment of black
and foreign female farm workers by farm owners, managers, and other
farm workers were common.
In December 2007 parliament passed amendments to the SOA that
broadened the physical definitions of rape and indecent assault,
included males as victims, and restricted admission of victims' sexual
histories as evidence in court in an effort to improve the government's
capacity to punish perpetrators and protect victims. Victims' rights
groups were critical, however, of the law's conditional provision of
postexposure 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 waiting rooms and counseling for
victims. During the year the NPA's Sexual Offenses and Community
Affairs Unit (SOCA) opened seven and operated 17 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.
The number of courts for sexual offenses decreased from 64 to 42
during the year. While the NPA made no official statement on the
decrease, it did appear to some stakeholders that support for dedicated
sexual offenses courts was eroding and that some of the previously
dedicated courts were hearing other types of cases. Subsequently,
sexual offenses cases took longer to resolve, were harder to track for
case managers, and the conviction rate within the sexual offenses
courts, which was previously the highest in the country, decreased. The
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 50 percent. In their November report
to the parliamentary Portfolio Committee on Justice and Constitutional
Development, the NPA outlined its desire to increase the number of
sexual offenses courts.
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. According to a 2008
study by SAPS and the Centre for the Study of Violence and
Reconciliation, only 4.1 percent of reported cases resulted in
convictions. One in every eight suspects was under the age of 17. In
rape cases involving victims under the age of 16, one of every 10 cases
resulted in a conviction.
On June 10, seven men were found guilty of the 2005 rape of a woman
known as Buyisiwe; the case had been postponed more than 20 times. On
September 4, the men were sentenced to between 17 and 20 years'
imprisonment each.
Domestic violence was pervasive and included physical, sexual,
emotional, and verbal abuse, as well as harassment and stalking by
former partners. The Domestic Violence Act of 1998 defines victims of
domestic violence (including persons who are not in legal or common-law
marriages), facilitates the serving of protection orders on abusers,
requires the police to take victims to a place of safety, and allows
police to seize firearms at the scene and to arrest abusers without a
warrant. Violating a protection order is punishable by a prison
sentence of up to five years, or 20 years if additional criminal
charges are brought.
According to NGOs, about one in four women were in an abusive
relationship, but few reported it. A June report released by the
Medical Research Council found that more than two-fifths of men
interviewed in KZN and the Eastern Cape Province 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 August 9
National Women's Day, the government hosted numerous events focused on
empowering women in government, health, sports, and the arts.
Prostitution is illegal but was widespread and practiced openly.
Women were trafficked to, from, and within the country for exploitation
in prostitution. Calls by some government officials to legalize
prostitution in advance of the International Federation of Association
Football (FIFA) World Cup in 2010 did not gather momentum. In September
Cape Town created a vice squad to ``clean up'' the city's brothels. On
October 7, the vice squad arrested 17 suspected sex workers. On October
16, they closed two brothels in Goodwood.
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, and 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 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. Women were equally diagnosed and treated for sexually
transmitted infections, including 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. A
constitutional court ruling in June 2008 upholding a tribe's decision
to allow Tinyiko Shilubana to succeed her father as chief was
criticized by traditional authorities who said the verdict contravened
African custom.
Women, particularly black women, typically had lower incomes and
less job security than men. Most women were engaged in poorly paid
domestic labor and microenterprises, which did not provide job security
or benefits. The Department of Trade and Industry provided incentive
grants to promote the development of small and medium-size businesses
and microenterprises for women, young persons, and persons with
disabilities.
According to the Businesswomen's Association's annual census, the
number of women in top leadership positions remained constant. Women
held only 18.6 percent of executive-level and 14.6 percent of director-
level positions. The government's Labor Force Survey published in July
indicated unemployment among women was higher than among men, at 25.7
percent versus 21.8 percent.
Female farm workers often experienced discrimination, and their
access to housing often was dependent on their relationship to male
farm workers. Female farm workers on maternity leave who could not
obtain timely compensation via the Unemployment Insurance Fund often
had no choice but to return to work shortly after giving birth,
according to NGOs working with farm workers in Limpopo Province.
A number of governmental bodies, particularly the Gender Commission
and the presidential Office of the Status of Women, and numerous NGOs
monitored and promoted women's rights.
Children.--The government was generally committed to children's
rights and welfare. 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. According to Social Development Minister Edna Molewa,
more than nine million children were receiving social welfare grants.
The government's 2008 budget extended child support grants from age 14
to 15; however, it was sometimes difficult for children, particularly
those in rural areas or without documentation, to obtain access to
health care facilities and other programs.
The law provides for access to education for disadvantaged
children, traditionally black children, through a uniform system for
the organization, governance, and funding of schools. It mandates
compulsory education from ages seven to 15 and ensures that children
cannot be refused admission to public schools due to a lack of funds.
However, public education is fee based and the government does not
fully subsidize education. Even when children qualified for fee
exemptions, low-income parents had difficulty paying for uniforms,
books, and supplies. Some children, therefore, were enrolled in school
but did not attend.
According to the 2007 Education Statistics Report by the Department
of Education, 91 percent of grade 1-12 school age children were
enrolled in school. Those not enrolled tended to be children with
special needs. Most children attended school until the age of 15, when
eligibility for the Child Support Grant ends. There were an equal
number of boys and girls in grades 1-12, with boys slightly
outnumbering girls in primary school (grades 1-7), but 3 to 4 percent
more girls than boys were in secondary school (grades 8-12).
There continued to be reports of rape, sexual abuse, sexual
harassment, and assaults of girls at school by teachers, students, and
other persons in the school community. The law requires schools to
disclose sexual abuse to the authorities; however, administrators often
concealed sexual violence or delayed disciplinary action. The level of
sexual violence in schools also increased the risk for girls of
contracting HIV/AIDS or other sexually transmitted diseases, as well as
unwanted pregnancies.
Although the law prohibits corporal punishment in schools, there
were reports that teachers used physical violence to discipline
students. Student-on-student violence, including racially motivated
violence, continued to be a major concern of educational authorities
and parents. Teacher organizations, parents, and police worked together
in the ``Safe Schools Program'' to address these problems. Many schools
implemented ``Adopt-a-Cop'' programs inviting SAPS officers into their
schools for training and security.
HIV/AIDS remained one of the leading causes of death among women
and children, accounting for 20 percent of maternal deaths and 40
percent of deaths of children under age five. HIV/AIDS activists,
physicians, and opposition parties continued to criticize the
government for failing to provide antiretroviral (ARV) therapy to all
pregnant and breastfeeding women and thereby protect young children
from HIV/AIDS transmission. 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 crimes continued to impede the delivery of needed services
to young victims. According to the 2008-09 SAPS report, 20,141 children
were victims of all sexual offenses between April and December 2007,
843 were killed, and 12,422 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, girls have a one-in-four risk, and boys a one-in-five risk,
of being raped before age 16. According to a June report released by
Solidarity, the country's largest independent trade union, 45 percent
of all rapes were perpetrated against children, a child was raped every
three minutes, and more than 88 percent of child rapes were never
reported to the police.
The country had a low conviction rate for rape and child abuse. The
law states that no child under the age of 12 can consent to any sexual
activity and sets 16 as the lowest age for consensual sex with another
minor. Statutory rape is defined as sexual intercourse between anyone
under 18 and an adult more than two years older. The statutory sentence
for rape of a child is life in prison; however, the law grants judges
discretion to issue more lenient sentences. The traditional practice of
``ukuthewala,'' the forced marriage of girls as young as 12 to adult
men, continued in remote villages in the Eastern Cape.
Penalties for child prostitution include fines and imprisonment of
up to 20 years. The country was a destination for child sex tourism.
The law prohibits child pornography and provides for penalties
including fines and imprisonment up to six years. The Film and
Publication Board ran a web site 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. 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.
The Department of Health in the Eastern Cape provided surgeons,
health officials, and vehicles during the June initiation season to
monitor initiation practices. Nonetheless, 52 circumcision-related
deaths, more than double the total in the previous year, and several
penis amputations at the hands of unmonitored practitioners were
reported in the Eastern Cape during the June initiation period,
according to press reports. Twenty-six boys died in the Eastern Cape
during December, the first month of the summer initiation period. From
2001 through 2007, the Eastern Cape recorded nearly 2,600 hospital
admissions, 156 genital mutilations or amputations, and 232 deaths due
to dehydration and infection from unsafe and unsterile procedures. Two
boys died in Limpopo Province as a result of botched circumcisions.
Eleven illegal traditional surgeons were arrested and charged with
culpable homicide and illegal circumcision during the winter
circumcision season.
Trafficking in Persons.--The law does not prohibit trafficking in
persons for all purposes, and there were reports that persons were
trafficked to, from, through, and within the country. The government is
limited to the use of piecemeal provisions of various laws to prosecute
traffickers. The Prevention of Organized Crime Act of 1998 can be
applied to trafficking, as can specific laws against child labor and
forced labor. The SOA makes interim provisions outlawing trafficking
for purposes of sexual exploitation, in addition to creating new or
expanded statutory offenses applicable to all forms of sexual violation
of children and the mentally disabled and provisions for prosecutions
of extraterritorial sexual exploitation. The 2005 Children's Act
prohibits ``the recruitment, sale, supply, transportation, transfer,
harboring or receipt of children, within or across the borders of the
Republic.'' The law also prohibits the commercial sexual exploitation
of children, sexual intercourse with children under 16, or permitting a
female under 16 to stay in a brothel for the purpose of prostitution.
The maximum penalty for violations of the law is 20 years in prison.
The Children's Amendment Act of 2007 addresses unlawful child labor in
extreme forms such as slavery and commercial sexual exploitation;
however, the act was not fully implemented.
The country was a source, transit point, and destination for the
trafficking of persons, including children, from other countries in
Africa, Asia, and Europe for prostitution and forced labor. Domestic
and international organized crime syndicates trafficked women in and
out of the country for use in the sex industry, and girls were
exploited for sex or domestic servitude. Young men were trafficked
internally and across borders chiefly for agricultural work, but also
for street vending, crime, begging, and prostitution.
The precise extent of trafficking operations was unknown, but a
substantial number of persons were believed to be trafficked annually
both internally and across borders. Of the 306 total victims directly
assisted by the International Organization for Migration (IOM) from
2004 through December, most were Thai (153), Congolese (36), Zimbabwean
(29), South African (25), Mozambican (20), Indian (12), and Chinese
(11). From 2005 through November, IOM assisted 57 child victims of
trafficking, almost half of whom were from the Democratic Republic of
Congo.
Trafficked women and children forced to work in the commercial sex
industry often lived with other trafficked victims in segregated areas.
They were frequently under constant surveillance; usually had no money
or identifying documents; were often in debt to the agents who arranged
their travel; often worked long hours--in some cases up to 18 hours
each day and on weekends and when ill; and sometimes were fined by
their traffickers for infractions of arbitrary rules. Young men
trafficked for forced agricultural labor, were often subjected to
violence and food rationing.
Children were especially vulnerable to trafficking for sexual and
labor purposes and remained relatively unprotected from exploitation.
The trafficking of Mozambican, Malawian, and Zimbabwean children for
agricultural labor resulted in the children's deportation as illegal
aliens without appropriate protections. The government began to address
the growing problem of child sex tourism, for which girls and boys were
trafficked internally and across borders. For example, in conjunction
with the June FIFA Confederations Cup and in advance of the 2010 FIFA
World Cup, provincial governments developed action plans and mobilized
antitrafficking teams to protect children. The government issued
guidelines on how to identify at-risk children and police were trained
to identify suspicious activity.
According to the NPA, which leads government efforts to combat
trafficking, Chinese traffickers made Johannesburg a regional hub for
collecting victims from Lesotho, Mozambique, and Swaziland for
exploitation locally and in other cities. Trafficking from neighboring
Angola, the Democratic Republic of Congo, and Zimbabwe was believed by
law enforcement officials to be on the rise. Nigerian syndicates
reportedly began moving trafficked women to the United States where
they were exploited to attract African migrant clientele. The flow of
trafficked Thai women to South Africa appeared to decrease during the
year, potentially due to pressure by law enforcement. According to law
enforcement officials, new brothels proliferated near football stadiums
in advance of the 2010 FIFA World Cup. Many of the new venues undertook
recruitment drives, for both willing sex workers and trafficking
victims.
In most cases traffickers lured foreign women with phony promises
of employment, marriage, or educational opportunities abroad.
Traffickers often lured the children of poor families with fraudulent
promises of jobs, education, or a better way of life. Victims, who
might have been kidnapped or forced to follow their traffickers, were
subjected to threats of violence, withholding of documents, and debt
bondage to ensure compliance.
Although the country had 42 sexual offenses courts with authority
to handle trafficking cases, the lack of clear and complete
antitrafficking legislation inhibited prosecutions. However, the
amended SOA provides some specific protections to trafficking victims
by stipulating that victims cannot be charged with crimes, such as
immigration violations or prostitution, which are the direct result of
their having been trafficked. Following awareness and sensitivity
training conducted by the UN Office on Drugs and Crime, IOM, and
others, police treatment of trafficking victims improved. However,
extensive pretrial delays caused some trafficking victims not to
testify at the trials of their alleged traffickers.
On March 24, after a month-long investigation by a newly formed
provincial task team comprising members of the organized crime unit,
the NPA, and child prostitution experts, police arrested several
businessmen linked to a child prostitution ring in Durban. The
businessmen were charged under the human trafficking and child
pornography provisions of the SOA. The investigation into the
prostitution ring and the case were pending at year's end.
On November 26, Giang Broodryk, a Thai citizen, was arrested for
allegedly assisting girls from Thailand to enter the country illegally.
She was denied bail by the Rustenburg Magistrate's Court. Brooderyk
allegedly promised the girls employment in her massage parlor but then
forced them to work as prostitutes in her brothel; the case was pending
at year's end.
According to the IOM, the prosecution concluded argument during the
year in the trial of Mozambican Aldina dos Santos, which began in 2008.
There were no further developments at year's end.
There were no developments in the 2008 alleged trafficking cases
involving a Sierra Leonean child trafficker in Durban and five Nigerian
traffickers of Nigerian women.
Corruption within the police, immigration, customs, and private
services at the international airports impeded interdiction efforts.
Traffickers reportedly bribed officials to help them move victims out
of transit areas to avoid detection. The DHA dismissed immigration
officers for involvement in trafficking and for petty corruption
relating to trafficking. The border police, SAPS, and judicial
officials received additional antitrafficking training during the year,
but confusion by officials between smuggling and trafficking remained a
problem.
The NPA's SOCA unit leads an interagency task force to formulate
new strategies for dealing comprehensively with trafficking in persons.
The NPA subcontracted IOM to conduct training workshops for hundreds of
social workers and government officials to improve recognition of
trafficking victims, care and attention to victims, and referrals of
cases to authorities. The government commissioned the Human Sciences
Research Council to research the scale and nature of trafficking.
In conjunction with the June FIFA Confederations Cup, local
governments established Provincial Joint Operation Command Centers
staffed by NGOs, youth workers, and police. The centers reported to the
National Joint Operation Command Center to protect and assist children
at risk of becoming trafficking victims. The government also mobilized
antitrafficking teams of police, issued guidelines on how to identify
children being recruited for trafficking, and trained police to
identify suspicious activity.
The NPA maintained a witness protection unit headed by a special
director of public prosecutions, but it relied heavily on NGOs to
provide witness protection for trafficking victims. Some domestic
victims of trafficking were placed in government facilities for the
sexually abused. The government continued to fund private shelters that
provided short- and long-term health care, counseling, and legal
support to trafficking victims.
Persons With Disabilities.--The law prohibits discrimination on the
basis of both physical and mental disability; however, government and
private sector discrimination in employment existed. The law mandates
access to buildings for persons with disabilities, but such regulations
were rarely enforced, and public awareness of them remained minimal.
General responsibility for the rights of persons with disabilities fell
within the Department of Health, with individual NGOs advocating for
the rights of persons with specific disabilities such as blindness.
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 3.4 percent of the
general population, but only an estimated 0.02 percent of the public
service workforce. The law does not allow persons with mental
disabilities to vote.
National/Racial/Ethnic Minorities.--Although not as pervasive as in
the previous year, xenophobic attacks on foreign African migrants and
ethnic minorities occurred and sometimes resulted in displacement (see
section 2.d.). Civil society organizations criticized the government
for failing to address the root causes of the violence, provide
opportunities for conflict resolution in affected communities, or
undertake investigations and prosecutions on a scale necessary to deter
additional attacks.
On May 24, a mob in Darling set fire to a shop belonging to Omar
Josef and Hazim Amad, both Somalis. Josef and Amad were killed in the
fire; an investigation continued at year's end.
On June 6, several taxi drivers beat a refugee near the Nyanga
Refugee Reception Center and ripped his clothes off. No further action
was taken in the case.
On June 15, Angolan refugee Sebastian Santana was stabbed to death
by an unidentified man on a bridge near the Nyanga Refugee Reception
Center when he resisted an attempted robbery. Angolan refugee leader
Joao Nascimento told a local newspaper that Santana was on his way to
the center to renew his papers when he was approached by the man and
told to go back to his country. Police opened an investigation into the
killing; there were no new developments by year's end.
On June 22, hundreds of Franschhoek residents stoned Somali-owned
businesses over disputed food prices. Four foreign-owned shops were
damaged and one Somali businessman was injured during the attack. The
police dispersed the crowd with rubber bullets. Three men were charged
with public violence, and an investigation continued at year's end.
Police reported that they increased patrols in the area.
On December 7, residents of the Westernburg Township outside
Polokwane attacked Zimbabwean nationals with sticks, knives, and
stones. Six men were seriously injured. Residents blamed Zimbabweans
for a spate of robberies, murders, and rapes in the township. More than
200 persons sought shelter at the Peter Mokoba Stadium under heavy
police guard. Police arrested 12 suspects for public violence and
assault; there were no further developments by year's end. All of the
displaced persons returned home or found other housing by year's end.
The law requires employers with 50 or more employees to ensure that
previously disadvantaged groups, legally defined as ``Blacks''
(including ``Africans,'' ``Colored,'' and ``Asians'' and collectively
constituting more than 90 percent of the country's population) are
represented adequately at all levels of the workforce. Notwithstanding
the country's antidiscrimination legislation, however, the DOL 2007
Employment Equity Analysis reported that Blacks remained
underrepresented, particularly at the professional and managerial
levels. According to the report, Blacks held only 22.2 percent of top
management positions and approximately 36.5 percent of 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.
In June 2008 the Pretoria High Court ruled in favor of the Chinese
Association of South Africa's petition that ethnically Chinese South
African citizens be defined as Black in legislation benefiting
previously disadvantaged groups such as the Broad-Based Economic
Empowerment Act and the Employment Equity Act.
The continued killings of mostly white farm owners by black
assailants created concern among white farmers that they were being
targeted for racial and political reasons, although studies showed
perpetrators were generally common criminals motivated by financial
gain. There also were reports that white employers abused and killed
black farm laborers and complaints that white employers received
preferential treatment from the authorities.
Indigenous People.--The 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. In the late 1990s, the Khomani, one of the last
surviving San communities, reclaimed most of their land rights by
lodging a claim with the Commission for the Restitution of Land Rights.
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 November 2008, the Human Sciences Research
Council found widespread public intolerance of homosexuality activity,
which was commonly labeled ``un-African,'' with 80 percent of
respondents believing sex between two same-gender persons was
``wrong.''
Rights groups reported that the LGBT community was subject to
societal abuses including hate crimes, gender violence targeting
lesbians, and killings. The NGO People Opposed to Women Abuse reported
that attacks increased during the year and estimated that a lesbian was
killed every three months in the country's townships. On September 22,
Themba Mvubu was sentenced to life in prison for the April 2008 gang
rape, robbery and murder of Eudy Simelane, a former player on the
national women's soccer team and well-known lesbian activist.
Khumbulani Magagula and Johannes Mahlangu, who were arrested with
Mvuba, were acquitted based on testimony that the two were present but
did not participate. The fourth accused, Thato Mphiti, was sentenced on
February 13 to 32 years in prison for murder, robbery, and being an
accomplice to rape.
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; there were no further developments.
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 began
to decline but remained a general problem.
In May 2008 the Constitutional Court ruled that SANDF must conduct
individualized health assessments of members of the armed forces and
SANDF could not exclude HIV-positive persons from recruitment, external
deployments, or promotions.
Section 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 are governed by provisions in the
National Defence Bill that state that the unions cannot affiliate with
any of the existing union federations and that they do not have the
right to strike. A labor court and labor appeals court enforced the
right of association. As of March trade union membership was estimated
at three million, or approximately 35 percent of the population
employed in the formal sector.
Labor laws extend to farm workers. The National African Farmers'
Union received no complaints of harassment of union representatives.
The DOL and unions enlisted the cooperation of AgriSA, the national
farmers' organization, to educate farmers about workers' rights and to
improve working conditions. According to Cosatu's 2006 report, only 10
percent of the workers in the agricultural labor force were unionized.
The law provides for the right to strike, and workers exercised
this right; however, workers considered to be providing essential
services were prohibited from striking. Essential services were those
deemed vital to the public's safety or health, such as police and
military, prison wardens, firefighters, emergency health workers and
maintenance workers providing critical services. Disputes between
workers in essential services and their employers that are not resolved
through collective bargaining, independent mediation, or conciliation
are referred to arbitration or the labor courts.
Police occasionally used excessive force that resulted in injury
against protesters during the year, particularly during the April to
August period of wage negotiations for civil servants and subsequent
strikes. On August 13, police used rubber bullets and tear gas to
disperse a strike by municipal street cleaners and garbage collectors,
who are barred from striking under the law, over a wage dispute.
On August 26, in Pretoria, a wage protest by the South African
Security Force Union and the South African National Defense Union
turned violent as 3,000 soldiers, who were union members but barred
from striking under the law, attempted to gain access to the Union
Buildings, the official seat of the government, to demand a 30 percent
wage increase. Protesters armed with rocks, bottles, and petrol bombs
hurled them at police and bystanders. Police attempted to disperse the
protesters with rubber bullets and tear gas. The government
subsequently launched a review of the soldiers' right to strike, and a
decision was pending at year's end.
Some workers were dismissed for participating in strikes during the
year. On February 2, the Police and Prisons Civil Rights Union reported
that 60 percent of the Johannesburg Metro Police went on strike
regarding the Occupational Specific Dispensation wage negotiations, a
2007 wage and promotion package signed with the government but only
partially implemented in during the year following mass actions by
public sector workers. The union reported that some workers were
dismissed for participating in an illegal strike.
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. Women and children were
trafficked for prostitution, and domestic servitude. Young men were
trafficked for forced labor in the agricultural sector (see section 6).
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is prohibited by law. However, child labor was widespread
in informal and agricultural sectors, particularly in the former
homeland areas. The law prohibits employment of a child less than 15
years of age. Children over 15 but under 18 are also prohibited from
work that places at risk the child's wellbeing, education, physical or
mental health, or spiritual, moral, or social development. The
government generally enforced child labor laws in the formal sectors of
the economy. Underage children were allowed to work in the performing
arts if their employer received DOL permission and agreed to follow
specific guidelines.
The HIV/AIDS epidemic contributed to the number of households
headed by children who supported themselves and often younger siblings.
However, in its 2007-08 Child Gauge Report, the Children's Institute at
the University of Cape Town stated that there was little evidence of
recent rapid growth in the orphan population due to HIV/AIDS. 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 the levels had remained relatively
stable since the General Household Survey began in 2002.
Child labor was almost nonexistent in the formal and developed
sectors of the economy. In the informal sector, children were engaged
in the worst forms of child labor; reports indicated that these
practices were most common in the sex trade industry, followed by the
domestic sector. Children worked in subsistence and commercial farms
and family business, particularly in former homeland areas. 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 commit robberies, including armed
robbery, and sell drugs. Children were trafficked within the country
for the purposes of commercial sexual exploitation, domestic servitude,
forced street vending, begging, crime, and agriculture, and for
``muthi'' (the removal of their organs for traditional medicine). Local
criminal rings and street gangs organized child prostitution.
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. Violation of laws
regulating child employment is punishable by a maximum prison sentence
of three years or a fine of 15,000 rand ($2,030). 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. However, the single
largest factor in reducing child labor remained the government's 250
rand ($34) per month Child Support Grant to primary care givers of
children under the age of 15.
e. Acceptable Conditions of Work.--There was no legally mandated
national minimum wage, although the law gives the DOL authority to set
wages by sector. Minimum wages were established for the retail sector,
farm laborers, domestic workers, and taxi (minibus) drivers. The
minimum wage for farm workers was approximately 6.31 rand ($.85) per
hour. The minimum hourly wages for domestic workers employed more than
27 hours per week ranged from 4.85 rand ($.65) to 7.06 rand ($.95).
Depending on the province, compliance with the minimum wage rate
generally ranged from 65 to 90 percent, according to 2007 DOL figures.
Minimum wages did not provide a decent standard of living for a worker
and family; the government undertook other actions to alleviate
poverty, including annual above inflation mandatory wage increases for
farm workers, exemptions from school fees, and improved access to
health care.
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 wage
increases to compensate for rising inflation and price hikes. Local
government employees received a 13 percent increase and national and
provincial public servants received a 12 percent increase, which was
above the August inflation rate. Such negotiated wages were generally
sufficient to provide a decent standard of living for a worker and
family; however, this was not the case in sectors where workers were
not organized sufficiently to engage in collective bargaining. As a
result, many unskilled or rural workers were unable to provide an
adequate standard of living for themselves and their families.
Following the April elections, the Ministry of Rural Development and
Land Reform was established to assist with poverty and unemployment
alleviation in rural areas.
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. On May 1,
the government suspended deportations of Zimbabweans, introduced a 90-
day visa-free entry for Zimbabwean nationals and an associated right to
work, and proposed longer-term permits for Zimbabweans already in the
country under the Immigration Act; however, the new permit had not been
implemented by year's end. In March 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 (DME) for the mining industry and
through the DOL for all other industries. Occupational health and
safety issues were a top priority of trade unions, especially in the
mining, construction, and heavy manufacturing industries where
processes were dangerous and sometimes deadly. The law provides for the
right of mine employees to remove themselves from work deemed dangerous
to health or safety. The law prohibits discrimination against an
employee who asserts a right granted by the law, and requires mine
owners to file annual reports providing statistics on health and safety
incidents for each mine. In addition, a tripartite mine health and
safety council and an inspectorate of mine health and safety were
responsible for enforcing the law and monitoring compliance with its
provisions.
The 2008 DME Presidential Mine Audit reported 220 mining deaths in
2007; the mines subsequently underwent a DME compliance inspection. In
November 2008 parliament passed amendments to the Mine Health and
Safety Act, making employers liable for heavy fines or imprisonment for
serious injury, illness, or death of employees due to unsafe mine
conditions. The amendments provide for mine inspectors to enter any
mine at any time to interview employees and audit records.
Outside the mining industry, there were no laws or regulations that
permitted workers to remove themselves from work situations deemed
dangerous to their health or safety without risking loss of employment;
however, the law provides that employers may not retaliate against
employees who disclose dangerous workplace conditions.
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. In February 2007 Human Rights Watch
reported low wages, a lack of basic services in farm workers' housing,
and inadequate education for workers' dependents. Farm owners continued
to evict workers legally and illegally. There was a lack of compliance
with labor legislation and significant violence and crime against farm
workers and farm owners. Health and safety regulations often were not
observed when chemicals were used in agricultural work.
__________
SUDAN
Sudan, a republic with an estimated population of 40 million, is
governed according to a power-sharing arrangement established by the
2005 Comprehensive Peace Agreement (CPA), which ended the 22-year civil
war between the north and south and established an interim Government
of National Unity (GNU). The CPA calls for national elections to be
held in 2009; however, elections did not occur during the year. The GNU
is composed of the National Congress Party (NCP), dominated by
Islamists from the north and ruled by authoritarian President Omar
Hassan al-Bashir and his inner circle, and the Sudan People's
Liberation Movement (SPLM), the political wing of the Sudan People's
Liberation Army (SPLA) led predominantly by Christians and
practitioners of traditional indigenous religions from the south. The
most recent national elections were held in 2000; Bashir was reelected,
and his political party won 340 out of 360 seats in the parliament in
deeply flawed elections boycotted by all major opposition parties. The
SPLM is the ruling party of the semiautonomous Government of Southern
Sudan (GOSS), established in 2005. The GOSS ratified a separate
constitution in 2005. A referendum to determine whether the south will
become an independent entity is scheduled for 2011. The country
experienced several violent conflicts during the year. While civilian
authorities in the north generally maintained effective control of the
security forces and government-aligned militia outside of Darfur, there
were frequent instances in which elements of the security forces and
government-aligned militia acted independently in Darfur. In the south,
civilian authorities generally maintained effective control of security
forces, but there were frequent instances in which elements of the
security forces acted independently.
Conflict and human rights abuses in Darfur continued despite the
2006 Darfur Peace Agreement (DPA) between the government and Minni
Minawi's faction of the Sudan Liberation Movement/Army. Civilians in
Darfur continued to suffer from the consequences of genocide.
Government forces and government-aligned militia continued to kill
civilians; the government continued to bomb civilian areas. Women and
girls experienced continued gender-based violence. The government
supported Chadian rebel groups. Darfur rebel groups committed serious
abuses. According to the UN nearly 2.7 million civilians have been
internally displaced, and over 250,000 refugees have fled to
neighboring Chad since the conflict in Darfur began in 2003. The UN
estimated in 2006 that 200,000 persons had died as a result of the
conflict, and that by 2008 up to 100,000 more may have died.
On March 4, the International Criminal Court (ICC) issued an arrest
warrant for President Bashir as an indirect perpetrator or as an
indirect coperpetrator of five counts of crimes against humanity--
murder, extermination, forcible transfer, torture, and rape--and two
counts of war crimes--intentionally directing attacks against a
civilian population as such or against individual civilians not taking
part in hostilities, and pillaging in Darfur between March 2003 and
July 2008. Following the announcement, the government expelled 13
humanitarian nongovernmental organizations (NGOs) from the country. The
government also shut down three Sudanese NGOs in March. The expulsions
and closures decreased the provision of humanitarian and development
assistance, particularly in Darfur and the Three Areas (Abyei, Blue
Nile, and Southern Kordofan).
Interethnic fighting and attacks by the Lord's Resistance Army
(LRA) resulted in an estimated 2,500 deaths and the displacement of
359,000 persons during the year in the south. Tensions over CPA
implementation persisted between the north and the south. Fighting
between Sudanese Armed Forces (SAF) and SPLA members in Malakal
resulted in civilian deaths.
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 humanitarian 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 IDPs; harassment and closure of
human rights organizations; violence and discrimination against women,
including female genital mutilation (FGM); child abuse, including
sexual violence and recruitment of child soldiers, particularly in
Darfur; preventing international human rights observers from traveling
to/within Sudan; trafficking in persons; discrimination and violence
against ethnic minorities; denial of workers' rights; and forced and
child labor.
In Darfur government-aligned militias killed and injured civilians,
including during attacks on villages; raped women and children;
destroyed and looted civilian property; and used child soldiers.
Rebel factions and bandits in Darfur killed and abducted civilians,
humanitarian workers, and United Nations--African Union Mission in
Darfur (UNAMID) personnel; beat and raped civilians; and recruited and
used child soldiers.
In Southern Sudan, serious human rights abuses were reported during
the year, including extrajudicial killings, physical abuse, and rape of
persons by the SPLA; poor prison and detention center conditions;
arbitrary arrest; lengthy pretrial detention; use of child soldiers;
abduction of women and children; restrictions on media freedom; forced
evictions without due process; and child labor. Interethnic violence
was a severe problem.
The Lord's Resistance Army (LRA) attacked villages and killed and
abducted civilians in the south.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the government and its agents committed arbitrary and
unlawful killings. Government forces, government-aligned militias, and
rebels killed civilians in connection with the conflict in Darfur (see
section 1.g.).
For example, SAF and SPLA forces, and the LRA killed civilians in
the south (see section 1.g.). Interethnic conflict in the south
significantly increased and resulted in civilian deaths (see section
1.g.). Interethnic conflict in Darfur killed civilians. (see section
1.g.).
There were no reported developments regarding civilians killed by
fighting between the government and rebels during the May 2008 Justice
and Equality Movement (JEM) attack on Omdurman.
There were also no developments regarding persons killed by the
National Intelligence and Security Services (NISS) in Khartoum and
Omdurman following the attack.
There were no developments regarding protestors killed by security
forces in 2008.
SPLA soldiers committed extrajudicial killings.
On May 19, in Pibor, SPLA soldiers indiscriminately fired at
civilians and their homes, killing five civilians and injuring three
other persons. The SPLA claimed that an unknown gunman shot and injured
a soldier near their barracks prior to the incident. Five soldiers were
detained in SPLA headquarters in Panpandiar, pending military
investigation.
There were developments in the June 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.
Nine civilians reportedly died due to landmines in the south during
the year. The government continued to cooperate with the UN Mine Action
Group to remove landmines in the south.
There were developments in the January 2008 killings of diplomat
John Granville and driver Abdelrahman Abbas Rahama. In June a court
convicted four suspects of the killings. On October 12, the four were
sentenced to death. According to a UN report, they were held
incommunicado for a month after their arrest in 2008, and the
defendants claimed that they were tortured during that initial period
of detention. A fifth man, who provided weapons for the attack, was
convicted of arms offenses. Authorities released him for time served in
jail.
b. Disappearance.--The government was responsible for politically
and ethnically motivated disappearances.
There was one reported development regarding the up to 2,500 cases
of Darfuris detained by the NISS following the May 2008 JEM attack. By
the end of 2008 authorities had released most of the detainees, but
several hundred were still reported missing at the end of that year. On
April 5, authorities released Barood Sandal, a prominent human rights
lawyer arrested in the days following the May 2008 attack, after the
prosecutor dismissed the case for lack of evidence. NISS agents
immediately arrested him again and held him until April 23.
There were no 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 May
2008. As of year's end his whereabouts were unknown.
An estimated 15,000 Dinka women and children were abducted from
villages in Southern Sudan, mainly from 1983 to 1999; thousands of
these persons remain unaccounted for. In contrast with the previous
year, the government Committee to Eradicate the Abduction of Women and
Children (CEAWC) did not receive government funding and did not return
any previously abducted persons. The UN Children's Fund (UNICEF)
estimated that 4,000 Dinka abductees remained in South Darfur.
Gunmen in Darfur abducted humanitarian workers and UNAMID personnel
(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 Shari'a (Islamic law), the Criminal Act provides
for physical punishments, including flogging, amputation, stoning, and
crucifixion--the public display of a body after execution. Under the
Interim National Constitution, the government exempts the 10 southern
states from Shari'a, although its application in the south occurred on
an ad hoc basis, and traditional customary law was frequently applied
against convicted defendants. Northern courts routinely imposed
flogging, especially for production of alcohol.
Government security forces beat and tortured persons in detention,
including members of the political opposition, civil society activists,
and journalists. These persons were often subsequently released without
charge.
On March 6, in Dongola, Northern State, the NISS arrested a man for
publishing statements in support of the ICC arrest warrant for
President Bashir. Authorities held the man for six days and beat and
tortured him, causing vision and hearing damage. He was released
without charge on March 12.
On June 11, at the University of Khartoum, men dressed in black
abayas entered a women's dormitory and assaulted 15 Darfuri women. The
five most severely injured students sought medical treatment, but
police forced them to leave the hospital. The NISS detained many of the
assaulted women, as well as others from the same dormitory. Authorities
beat them during the detention and later released them without charge.
During the attack the women tackled one assailant and held him for
authorities, but authorities freed him and did not file charges.
On December 7, police arrested and beat SPLM Head of Northern
Sector Yassir Arman, as well as others, following a protest in front of
the National Assembly. Security forces arrested 266 persons in protests
in several cities the same day, as well as arrested and used excessive
force to disperse protesters on December 14 (see sections 2.a. and
2.b.).
There were no developments in the 2008 cases of the secretary of
legal affairs for the Transitional Darfur Regional Authority (TDRA),
Abdelaziz Sam, and three of his family members; journalist and head of
the Darfur Journalist Association Al-Ghali Shegifat; and human rights
activists Moniem El Gak, Osman Hummaida, and Amir Suleiman, whom the
NISS detained and abused.
Indecent dress is punishable by a maximum of forty lashes, by a
fine, or both. Authorities in the north sometimes applied this law
against women (see section 2.c.); they did not apply it against men.
Police and NISS officers forcibly dispersed protestors, which
resulted in serious injuries (see section 2.b).
Security forces in the south abused civilians, including two
political party members (see section 3).
There were developments regarding the 2008 case in which the SPLA
military police detained eight third-country nationals suspected of
stealing SPLA payroll funds and reportedly abused four of them. The
SPLA reported that the commander and the deputy commander were
reassigned for failure to properly supervise and train soldiers, and
that a sergeant was permanently dismissed due to wrongfully treating
persons in custody.
There were no developments in the March 2008 shooting of an SAF
soldier trying to escape an unofficial SPLA detention facility or the
June 2008 case of an SPLA captain detained for beating a foreign
national.
There were cases in which Southern Sudan Police Services (SPSS)
officers and SPLA officers reportedly raped women, including with
impunity.
For example, on July 19, in Warrab State, an SPLA soldier raped a
woman. The woman and her husband reported the assault to the police and
the SPLA Military Intelligence Unit, but the commander denied that one
of his soldiers had committed the act, and no action was taken.
Prison and Detention Center Conditions.--Prison conditions
throughout the country remained harsh and overcrowded. Almost all
prisons lacked basic facilities such as toilets and showers. Health
care was primitive; prisoners usually relied on family or friends for
food. Officials continued to arbitrarily deny visits to prisoners.
The government routinely mistreated persons in custody. There were
credible reports that security forces held detainees incommunicado;
beat them; deprived them of food, water, and toilets; and forced them
to sleep on cold floors. Prisoners died from lack of health care and
poor prison conditions.
For example, according to Amnesty International, Ahmed Suleiman
Sulman, one of the 103 persons sentenced to death by antiterrorism
courts in relation to the May 2008 JEM attack, died on October 21 from
tuberculosis in a police hospital after being transferred there from
Kober Prison. Amnesty International stated that authorities did not
provide him access to appropriate medical care, that his body showed
signs of torture, and that the NGO had received reports that he was
suffering from a mental illness during his trial.
Men and women were not held together in the north. Juveniles often
were held with adults 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.
The government allowed some restricted visits to prisons by human
rights observers in the north. The International Committee of the Red
Cross (ICRC) had limited access to government prisons during the year;
however, released prisoners reported that officials hid high-profile
detainees during visits.
Prisons in Southern Sudan provided inmates with at least one meal
per day. The Prisons Directorate of Southern Sudan (SSPD) provided
separate quarters for male and female prisoners and usually housed
juveniles in separate cells. In contrast with the previous year, there
were no reports that prison labor was used for the construction of
private residences for SPLM officials.
Pretrial detainees were generally held in jails separate from
convicted prisoners in the south. Detention centers in Southern Sudan
were under the control of local tribal or state authorities, and were
uniformly substandard. Some were holes dug in the ground around a tree,
with detainees shackled to the tree. Sanitary and medical facilities
were uniformly inadequate.
The UN reported that the SPLA held persons in jails in Kurmuk and
Samir in Blue Nile State, and that persons held there reported torture
and abuse.
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, and Shagil 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 IDP camp during the year.
d. Arbitrary Arrest or Detention.--The Interim National
Constitution prohibits arbitrary arrest and detention without charge;
however, the government continued to arbitrarily arrest and detain
persons, often under the National Security Act. In Southern Sudan,
arbitrary arrests and detention were common. While the law does not
provide the SPLA with arrest powers, the SPLA arrested and detained
persons.
Role of the Police and Security Apparatus.--Several government
entities have responsibility for internal security including the
police, the NISS, the Ministry of Interior, and the Ministry of
Defense; all had active security forces. The NISS maintains security
officers in major towns and cities throughout the north, including
Darfur, and also has a presence in the south. The NISS also controlled
the Central Reserve Police (CRP). The Ministry of Defense's Border
Intelligence Force, a loosely organized force composed of former
janjaweed fighters, also operated in Darfur.
Security force corruption was a problem, and security force members
supplemented their incomes by extorting bribes.
The SPSS has responsibility for law enforcement in the south under
the interim GOSS constitution. The SPSS lacked resources and capacity.
Police reports were often incomplete, files, if used, were frequently
misplaced, and suspects were frequently detained based on accusations
rather than official investigations. Police corruption, impunity, and
lack of effectiveness were problems. There were reports of retaliation
against persons who complained about police abuses.
The SPLA does not have law enforcement authority under the interim
GOSS constitution, except when requested by civil authorities due to
necessity; however, the SPLA detained persons, including in SPLA-run
detention facilities.
The UN Mission in Sudan (UNMIS) regularly trained SSPS and SPLA
personnel on a wide range of security-related subjects during the year,
but limited GOSS resources hampered the effectiveness of the training
programs.
Arrest 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 30 days with the approval of the prosecuting attorney. Under
the National Security Act, which superseded the Criminal Code, an
individual accused of violating national security may be detained for
three months without charge, and the director of security may extend
this period for another three months. In practice, indefinite
detentions were common. The law provides for the individual to be
informed of the charges at the time of arrest and for judicial
determination without undue delay, but these provisions were rarely
followed. In Southern Sudan, under the GOSS 2008 Criminal Procedures
Code, a warrant issued by a duly authorized official is required for an
arrest, although arbitrary arrests occurred. Police may detain
individuals for 24 hours without charge in the south. Detainees in the
south were generally informed of charges against them.
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. Persons
in the south were not always informed regarding their right to access
to a lawyer, and there was an insufficient number of lawyers.
Individuals were arbitrarily arrested and detained. The NISS
committed numerous arbitrary arrests. Authorities often detained
persons for a few days before releasing them without charge, but many
persons were held for much longer.
Security forces arbitrarily arrested and detained journalists, NGO
members, and political opponents (see sections 1.e., 1.g., 2.a., and
5).
There were reports that some businessmen were held in detention
without due process for failure to pay back large loans to Sudanese
financial institutions.
Security forces frequently arbitrarily arrested and detained
university students (see section 1.b.).
In April authorities reportedly arrested several Darfuri university
students who were members of the United People's Front party. At year's
end they remained detained without charge at Kober Prison. They did not
have access to legal representation.
Security forces in the north often targeted southern women in IDP
camps because they produced and sold traditional home-brewed alcohol
beverages; these women were arrested and imprisoned for up to six
months under Shari'a.
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. In Southern Sudan trial delays
also resulted in unreasonably lengthy pretrial detentions, and persons
were not provided prompt access to lawyers.
The government routinely imposed house arrest without due process.
e. Denial of Fair Public Trial.--Although the Interim National
Constitution and the law provide for an independent judiciary, the
judiciary was largely subservient to the president or the security
forces, particularly in cases of alleged crimes against the state. The
judiciary was inefficient and subject to corruption.
An executive-level judiciary committee recommends and the president
appoints the chief justice and justices of the Supreme Court. The
president appoints the Constitutional Court's seven members. On
occasion courts displayed a degree of independence. However, political
interference with the courts was commonplace.
The judicial system includes four types of courts: regular,
military, special, and tribal. In the regular court system, there are
civil and criminal courts, appeals courts, and the Supreme Court.
Military courts tried only military personnel and did not provide the
same rights as civilian and criminal courts. Special courts existed in
Darfur under the state of emergency to try crimes against the state;
there were three such courts, one in each Darfur state capital;
however, the courts did not function during the year. Tribal courts
functioned in rural areas to resolve disputes over land and water
rights, and family matters.
Antiterrorism courts set up to try persons arrested in connection
with the May 2008 JEM attack on Omdurman continued to operate. Persons
tried under these courts did not have the same rights as those tried in
regular courts.
In the south the GOSS employed a judicial system of traditional
chiefs' courts, payam (district) courts, county judges, regional
judges, and a court of appeals. Traditional courts have been formalized
and integrated into the judicial system. The court system did not
function in many areas due to lack of infrastructure, communications,
funding, and an ineffective police force. The GOSS recognized
traditional courts or courts of elders, which applied customary law to
most cases in remote and rural areas of the south, including domestic
matters and criminal cases.
Trial Procedures.--The Interim National Constitution and law
provide for fair and prompt trials as well as a presumption of
innocence; however, this was often not respected. Trials were open to
the public at the discretion of the judge. In cases of national
security and offenses against the state, trials were usually closed.
Juries are not used. The accused normally has the right to an attorney,
and the courts are required to provide free legal counsel for indigent
defendants accused of crimes punishable by death or life imprisonment.
Defendants and their attorneys generally had the right to present
evidence and witnesses; to be present in court; to confront accusers;
and had access to government-held evidence relevant to their cases.
However, there were reports that defendants frequently did not receive
legal counsel and that counsel in some cases could only advise the
defendant and not address the court. There were reports that the
government sometimes did not allow the calling of defense witnesses.
Defendants have a right to appeal, except in military trials, where
there is no appeal.
Persons continued to be tried in antiterrorism courts in connection
with the May 2008 JEM attack on Omdurman. Authorities did not permit
defendants access to lawyers before trial, held them incommunicado for
up to four months, and reportedly tortured defendants. From April to
June the antiterrorism courts sentenced 53 persons to death. At year's
end the total number of death sentences in the JEM trials was 103.
On January 28, a court found Mohamed Alsary Ibrahim, a former
popular police force member, guilty of planning to provide information
to the ICC. UNMIS expressed concern that he was not provided access to
counsel for three months, that his counsel did not have access to
evidence against him, and that his confession was allegedly coerced.
On April 13, authorities hung nine men who received the death
sentence for the 2006 killing of the editor in chief of Al Wafaq,
Mohamed Taha Mohamed Ahmed. Observers expressed concern that their
trials had not been fair, and defendants reported being tortured.
In both the north and south, women were usually not allowed to
testify as witnesses without the backing of three men.
Lawyers wishing to practice were required to maintain membership in
the government-controlled Sudanese Bar Association. The government
continued to arrest and harass members of the legal profession whom it
considered political opponents.
Military trials, which sometimes were secret and brief, did not
provide procedural safeguards. For example, the defendant's attorney
could advise the defendant, but could not address the court. Witnesses
may be permitted to appear at military trials.
The Special Courts Act created special three-person security courts
to deal with violations of constitutional decrees, emergency
regulations, and some sections of the Penal Code, as well as drug and
currency offenses. Special courts, composed primarily of civilian
judges, handled most security-related cases.
Shari'a is applied in the north, but not in the south, under the
Interim National Constitution. However, some judges in the south
reportedly continued to follow Shari'a legal procedures. In the south
traditional or customary law was often used.
In Southern Sudan observers continued to report concerns that
persons sentenced to death often did not receive fair trials due to
lack of capacity of the legal system and a lack of adequate legal
representation.
In parts of the south and the Nuba Mountains, where civil
authorities and institutions did not operate, there were no effective
judicial procedures beyond customary courts. According to credible
reports, military units in those areas summarily tried and punished
those accused of crimes, especially of offenses against civil order.
Political Prisoners and Detainees.--The government held an
undetermined number of political detainees. Security forces detained
without charge, tortured, and held incommunicado political opponents.
Detentions of such persons often were prolonged.
On January 14, authorities arrested without charge Popular Congress
Party (PCP) founder Hassan Abdalla al-Turabi and PCP Secretary of
Foreign Relations Bashir Adam Rahmaand. Both were released on March 8.
Two days before the arrests, Turabi had called for President Bashir to
appear before the ICC.
On February 15, authorities arrested PCP Deputy Secretary General
Kamal Omar and subsequently sentenced him to eight months in prison for
defamation and publication of false news. The charge was in relation to
an article he had written in 2006 in which he claimed the NISS
discriminated against a group of Darfuris. He spent two months in
prison before being released upon appeal.
The government detained persons who participated in political
protests (see section 2.b.).
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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The Interim National Constitution and law prohibit
such actions, but the government routinely violated these rights in
practice.
Security forces frequently conducted searches without warrants and
targeted persons suspected of political crimes.
In Darfur government armed forces, aligned militia, and rebels
continued to kill civilians. The government continued to bomb villages
(see section 1.g.).
Police often entered IDP areas without a warrant in search of
illegal alcohol brewing and often seized property unrelated to brewing.
Police also extorted money from illegal alcohol brewers by threatening
them with prison.
The government monitored private communication and movement of
individuals without legal process. A wide network of government
informants conducted surveillance in schools, universities, markets,
workplaces, and neighborhoods.
Under Shari'a, a Muslim man may marry a non-Muslim, but a Muslim
woman cannot marry a non-Muslim unless he converts to Islam; this
prohibition was not observed or enforced universally in the south or
among the Nubans. Non-Muslims may adopt only non-Muslim children; no
such restrictions apply to Muslim parents.
The government detained persons for alleged violations by a member
of their family.
The GOSS generally did not interfere with privacy, home, or
correspondence in the south; however, there were reports that rural
detention centers held family members of accused persons who had fled
before they could be arrested in the south.
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 at lower levels
than in previous years. Attacks and other acts of violence by all
parties to the conflict resulted in civilian deaths and injuries,
displacement, and property destruction. For example, the UN reported
that between January and mid-May, approximately 137,000 persons in
Darfur were displaced as a result of the conflict. Government forces
provided support, weapons, and ammunition to government-aligned
militias, and the government generally took no action against soldiers
or militia members who attacked civilians. Rape and recruitment of
child soldiers continued to be widespread.
On March 4, the ICC issued an arrest warrant for President Bashir
as an indirect perpetrator or as an indirect coperpetrator of five
counts of crimes against humanity--murder, extermination, forcible
transfer, torture, and rape--and two counts of war crimes--
intentionally directing attacks against a civilian population as such
or against individual civilians not taking part in hostilities, and
pillaging in Darfur between March 2003 and July 2008. Following the
announcement, the government expelled 13 humanitarian NGOs from the
country. The government also shut down three Sudanese NGOs in March.
The expulsions and closures resulted in significant gaps in food,
shelter, health care, water, sanitation, and hygiene assistance. While
some programs were able to continue utilizing local staff and
government assistance, the expulsions dramatically decreased
nonemergency humanitarian services.
On May 7, Ahmad Muhammad Haroun, for whom the ICC issued a warrant
of arrest in 2007 when he was then state minister for humanitarian
affairs, was appointed the governor of Southern 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.
The African Union High-Level Panel on Darfur, led by former South
African president Thabo Mbeki, conducted extensive meetings and
hearings throughout the year in Khartoum and Darfur. In October the
panel released a report with recommendations that included the creation
of a hybrid court of Sudanese and international judges to prosecute the
most serious crimes committed in Darfur and a truth and reconciliation
commission.
Killings.--Government forces and government-aligned militias
engaged in the deliberate killing of civilians, including continued
aerial bombardment of civilian areas. The aerial bombardment of
villages was often followed by ground attacks by janjaweed.
In January in and around Muhajeria, South Darfur, fighting
involving government forces and SLA/MM against the JEM resulted in
deaths, injuries, and displacement of civilians. On January 14, the JEM
attacked SLA/MM-controlled Muhajeria and took control of the town until
February 3, when it withdrew. Government forces conducted aerial
bombing of the area from January 22 to February 4. Two of the bombs hit
an IDP site, killing a child. The fighting and bombing resulted in the
almost complete displacement of the area's 30,000 residents.
On June 27 and 28, government aerial attacks and a subsequent
ground assault on the village of Hashaba resulted in 38 deaths.
Beginning in early September, the SAF attacked SLA/Abdul Wahid
(SLA/AW)-controlled Korma, North Darfur. On September 17, SLA/AW
withdrew from Korma. Estimates on the number of civilians killed and
displaced varied. A September 29 UNAMID assessment found that the
fighting resulted in 13 civilian deaths and the displacement of 31,000
persons, extensive looting, and sexual violence.
Government security forces frequently fired on uniformed rebels in
civilian areas, including those of DPA signatory SLA/MM.
Conflicts between different government security forces and between
government forces and militiamen resulted in civilian casualties.
For example, on May 2, near Nyala, shots fired between NISS and CRP
forces resulted in three civilian deaths.
On May 9, in the main market area of El Fasher, shots fired between
an SAF soldier and militiamen resulted in four civilian deaths.
Conflicts among different rebel groups and with militia in Darfur
resulted in civilian casualties throughout the year.
In May JEM attacked SLA/MM positions in Gorbora and east of Um
Barro. Reportedly, 50 civilians were killed in the clash.
On February 8, in Wada'ah, North Darfur, fighting broke out between
the SLA/MM and armed Mima militiamen, who opposed SLA/MM attempts to
recruit them and to increase ``taxes'' on them. On February 10, SLA/MM
forces attacked Wada'ah, destroying much of town and causing deaths and
injuries. Government forces attacked SLA/MM forces on February 11 and
gained control of the town.
There were developments in the ICC prosecutor's November 2008
sealed request for an arrest warrant for three rebel commanders for war
crimes pertaining to the 2007 attack on African Union peacekeepers at
Haskanita. On May 18, United Resistance Front in Darfur commander Bahr
Idriss Abu Garba, alleged to have planned and executed the attack along
with other persons, voluntarily appeared before the ICC in response to
a summons. He was charged with three war crimes: violence to life in
the form of murder, whether committed or attempted; intentionally
directing attacks against personnel, installations, materials, units,
and vehicles involved in a peacekeeping mission; and pillaging. On
October 19-29, the court held confirmation hearings for the case. The
names of the two other rebel commanders were not announced publicly
during the year, and they did not appear before the ICC.
Chadian armed groups, who operated openly in Darfur and were
supplied and supported by Sudanese authorities, committed abuses in
Darfur.
According to an NGO report, in December Chadian rebels in North
Darfur committed abuses including attacking villages, killing, raping,
and looting from civilians.
Intertribal fighting also resulted in the killings of civilians,
particularly in South Darfur. For example, in March fighting between
the Habaniya and Fallata tribes resulted in an unconfirmed number of
civilian casualties.
In North Darfur in late October, fighting between Birgit and
Zaghawa tribesmen near Shangil Tobayi town killed 12 persons.
Physical Abuse, Punishment, and Torture.--All parties to the
conflict perpetrated acts of torture and abuse. The government abused
persons detained after armed conflict as well as IDPs suspected of
having links to rebel groups. There were continued reports that
janjaweed, rebels, and government security forces raped women and
children.
In 2005 the UN noted the ``widespread and systematic'' prevalence
of sexual violence in Darfur directed against women and girls. An
October UN Panel of Experts report found that sexual and gender-based
violence continued throughout Darfur. IDPs reported that perpetrators
of such violence were often members of Arab militia, government forces,
rebel groups, and Chadian armed opposition groups. Assailants
assaulted, raped, threatened, shot, beat, and robbed women.
For example, the panel noted a May 15 case, near Al Hamadiya Camp
in Zalingei, in which three armed men gang-raped and stabbed a woman
who was collecting firewood; the woman had been raped previously in
2003.
The government's expulsion of 13 NGOs resulted in closure of most
gender-based violence programs.
Authorities often obstructed access to justice for rape victims,
and during the year only four soldiers were convicted of rape in
Darfur.
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 the period of September 2007 to December 2008
reported that there were more than 14 Sudanese and foreign armed forces
and groups in Darfur that recruited and used children. The majority of
cases occurred in West Darfur. These groups included the SAF; police
including the CRP; 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 2007 UNICEF signed an action plan with SLA/MM that committed the
rebel group to identifying locations of child soldiers; however, SLA/MM
continued to use child soldiers.
Between August and July, in Northern Darfur, SLA/Free Will released
144 child soldiers.
There were developments in the 2008 case of children detained in
connection with the JEM attack on Omdurman. As of December, 119
children received pardons and were released, but some children were
sentenced to death and remained detained at year's end.
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.
Immediately following the March 4 ICC announcement of the arrest
warrant for President Bashir, the Humanitarian Affairs Commission (HAC)
ordered 13 NGOs to depart the country within 24 hours. The government
also shut down three Sudanese NGOs in March.
The expulsions reduced the access of 1.5 million persons to
healthcare; 1.16 million to water, sanitation, and hygiene; and 1.1
million to food aid. While some programs were able to continue by
utilizing local staff and government assistance, the expulsions
dramatically decreased nonemergency humanitarian services.
Following the expulsions, armed SAF and NISS officers arrived at
the Darfur field offices of several NGOs and confiscated office
equipment and personal possessions of NGO staff. NGOs reported that not
all seized assets had been returned by year's end.
According to the UN, the NISS detained four staff members of
expelled international NGOs in South Darfur, severely beating one.
The UN also reported that the NISS arrested, detained, and later
released four Sudanese UNAMID staff members in the period before and
after the ICC announcement. One was arrested on February 29 and another
on March 6. They were both questioned regarding their work with UNAMID
and were released after two weeks. On April 11, two other UNAMID
national staff members were arrested. They were accused of helping the
ICC and were beaten, deprived of sleep, threatened with death,
subjected to painful positions, and later released.
On April 11, authorities arrested Mohamed Al Mahjoub, director of
the Amal Centre in El Fasher, and detained him incommunicado. He was
released on April 17 without charge.
IDP leaders temporarily blocked humanitarian access to Kalma camp
in protest of the NGO expulsions.
Despite the March 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.''
On May 12, the NISS briefly detained 12 staff members of national
NGOs at Zalingei airport and took possession of 177,000 Sudanese pounds
($75,000) of project funds that the NGOs received from UNAMID.
Policy discrepancies between Darfur state-level and Khartoum-based
officials in the 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.
Rebel forces and bandits obstructed humanitarian assistance,
regularly attacked the compounds of humanitarian organizations, and
seized humanitarian aid, assets, and vehicles. Attacks against
humanitarian convoys increased during the year. According to the UN,
bandits and other armed persons killed seven humanitarian workers,
assaulted 26 humanitarians, abducted 11 humanitarians, attacked 103
humanitarian compounds, and stole 64 humanitarian vehicles during the
year as of September 28. Instability forced many international aid
organizations to reduce their operations in Darfur.
On March 11, in Saraf Umra, North Darfur, armed men abducted three
international and two national staff of Doctors without Borders-
Belgium. They released one national staff member the same day. The
three international staff and the other national staff member were
released on March 14.
On July 3, in Kutum, NGO workers Sharon Commins and Hilda Kawuki
were abducted from their homes and held for 107 days.
On October 22, armed men abducted ICRC staff member Gauthier
Lefevre near Al Geneina, West Darfur. Authorities reportedly detained
three persons in connection with the abduction. At year's end Lefevre
was still being held.
The government restricted UNAMID's movement, including its access
to IDP camps. Government forces at times threatened to use force
against, and fired shots toward, UNAMID forces. Between January and
October the government restricted UNAMID's movement on at least 42
occasions. The government was uncooperative with the UN Panel of
Experts.
SLA/AW also restricted UNAMID's movement. On November 4, in
Deribat, South Darfur, SLA/AW members surrounded a UN helicopter and
prevented it from taking off for three hours.
According to the UN, bandits and other armed persons killed four
UNAMID personnel, assaulted five UNAMID personnel, attacked 122 UNAMID
structures, and stole 31 UNAMID vehicles during the year as of
September 28. At year's end UNAMID reported that violence had killed 22
UNAMID personnel since January 2008.
For example, on August 29, gunmen abducted two UNAMID staff members
from their residence in Zalingei, West Darfur. They were released on
December 13.
On September 29, armed men attacked a UNAMID convoy. The attack
resulted in the death of one peacekeeper and injured two others. The
attackers also stole one vehicle in the convoy.
On December 4-5, unidentified assailants in North Darfur killed a
total of five UNAMID peacekeepers in two separate incidents.
According to the UN, nearly 2.7 million civilians had been
internally displaced, and more than 250,000 refugees had fled to
neighboring Chad since the conflict in Darfur began in 2003. Despite
the signing of the DPA in 2006, continued attacks and violence in
Darfur, perpetrated by all parties to the conflict, resulted in
displacement during the year. For example, the UN reported that between
January and mid-May, approximately 137,000 persons in Darfur had been
displaced as a result of the conflict. Some existing IDPs were
displaced for the second or third time. Darfur IDPs did not return in
any significant numbers to their place of origin, although small-scale
spontaneous returns to certain villages occurred.
There were numerous reports of abuses committed by security forces,
rebels, and militias against IDPs, including rapes, beatings, and
attempts by the government to forcibly return or relocate persons to
other sites. The government harassed IDPs in Darfur who spoke with
foreign observers.
On August 1-4, following the July killing of IDP camp leader Omer
Adam Ishaq and his wife, authorities took 14 IDP leaders into custody.
The IDP leaders were released on August 19, but were arrested again
that same day. Two additional leaders were arrested in September. At
year's end the IDP leaders remained detained without access to legal
counsel at Shala Prison outside of El Fasher and at NISS facilities.
Authorities charged only two of the detainees.
Insecurity in Darfur, especially outside of IDP camps, restricted
IDPs' freedom of movement; women and girls who left the town and camps
risked sexual violence.
The government forced IDPs to relocate to alternative IDP camps or
other sites.
There were reports that the government forced or coerced IDPs to
return to their villages by promising food and money; however, most
IDPs who returned to the villages to receive the assistance later
returned to the IDP camps. Government attempts to resettle IDPs were
generally unsuccessful.
The government provided little assistance or protection to IDPs in
Darfur. Most IDP camps had no functioning police force.
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.
Rebel forces based in Chad attacked government military
installations, resulting in civilian displacement. For example, on May
24, in Umm Barro, North Darfur, fighting between government and JEM
forces resulted in the displacement of 300 civilians.
There were no developments regarding the August 2008 killings of 33
IDPs and injuring of 108 IDPs by the CRP at Kalma IDP Camp.
Southern Sudan.--Interethnic violence and LRA attacks in the south
significantly increased during the year. The violence resulted in an
estimated 2,500 deaths and the displacement of 359,000 persons.
Tensions over CPA implementation persisted, and fighting between
SPLA and SAF members in Malakal resulted in civilian deaths.
On July 22, the Permanent Court of Arbitration (PCA) issued a
determination on the boundaries of Abyei. The NCP and the SPLM
announced they would accept the decision. Misseriya elements later
rejected the findings. Little progress was made on demarcating the
border due to insecurity and lack of political will. Deployment of
joint integrated units continued, but the units did not have sufficient
equipment or training. Few persons displaced by May and December 2008
fighting in Abyei town returned.
Killings.--On February 24 and 25, in Malakal, fighting between SPLA
and SAF members of joint integrated units resulted in 31 civilian
deaths and injuries to 21. Reports indicated that both the SPLA and the
SAF were responsible for civilian deaths. An SAF tank reportedly fired
into a civilian area, killing eight persons. A UN investigation
indicated that SPLA soldiers shot six unarmed civilians from the north.
On October 2, SPLA forces loyal to Deputy Chief of Staff Paulino
Matiep and bodyguards for the Unity State governor, Brigadier General
Taban Dang Gai, clashed in Bentiu, resulting in the deaths of four
civilians, including a child, and injuries to four more.
The LRA killed civilians in Southern Sudan, particularly in Western
and Central Equatoria, throughout the year. According to UN agencies,
LRA attacks killed more than 200 persons between December 2008 and
November. They often attacked near food distribution locations.
On January 2, LRA members attacked the village of Mboroko, killing
18 persons and injuring eight others.
On October 14, LRA members attacked Bambia Village in Yambio
County, killing two women.
On December 15, LRA members attacked Boro-Medina in Raja County,
killing one person and abducting 13 others.
Intertribal and intercommunal clashes, particularly in Jonglei,
Upper Nile, Lakes, and Warrab states, increased during the year and
resulted in civilian deaths.
For example, between March 5 and 13, in Pibor County, Jonglei
State, fighting between Luo Nuer and Murle tribes resulted in civilian
deaths and displacement. The Lou Nuer reportedly attacked the Murle
after Murle raids on Nuer cattle camps. The commissioner of Pibor
County stated that more than 450 persons were killed, several hundred
wounded, more than 1,000 persons displaced, and an unknown number of
women and children abducted as a result of the fighting. The UN
reported that 5,000 persons were displaced. GOSS President Salva Kiir
denied the casualty rates were this high and cited only 52 deaths.
On August 2, in Akobo County, Jonglei State, members of the Murle
tribe attacked Lo Nuer villages, resulting in the deaths of 161
persons.
On September 20, in Duk Padiet, Jonglei State, at least 1,000 Luo
Nuer tribemen attacked a Dinka village. The fighting resulted in the
deaths of approximately 72 civilians and security force members,
numerous injuries, and the destruction of approximately 250 homes.
Abductions.--LRA members abducted civilians. Between December 2008
and November, the LRA abducted approximately 150 persons in the south,
according to the UN.
On June 24, LRA members reportedly attacked Bariguna Payam in Ezo,
Western Equatoria, and abducted nine men, eight women, and three
children.
On August 12, LRA members abducted persons during an attack in Ezo
Town. Several humanitarians left the area as a result of the violence,
and the UN temporarily suspended operations. As of October
humanitarians were still unable to work in Ezo County.
On November 12, near Sakure Town in Western Equatoria, five LRA
members attacked the area and abducted eight men.
Children were abducted during intertribal and intercommunal
clashes, particularly in Jonglei, Upper Nile, Lakes, and Warrab states.
Child Soldiers.--A UN report covering the period of September 2007
to December 2008 cited that the SAF and SPLA used child soldiers.
On November 20, the SPLA signed an action plan with UNICEF to end
the use of child soldiers.
The LRA, who used child soldiers, abducted children from Southern
Sudan.
Other Conflict-Related Abuses.--The order for 13 NGOs to depart
Sudan resulted in the disruption of humanitarian services in the Three
Areas.
The SAF obstructed UNMIS access to areas north of Abyei Town before
the PCA decision and continued to deny access to Heglig and Kharasana
throughout the year.
Intertribal conflict and LRA attacks limited the ability of
humanitarian organizations to provide assistance to vulnerable
populations.
On June 12, in Upper Nile State, Jikany Nuer men attacked a World
Food Program boat convoy that was transporting food assistance. The
attackers killed 31 civilians and destroyed five boats; 15 boats were
looted during the attack.
Interethnic and LRA-related violence in the south resulted in the
deaths of an estimated 2,500 and displacement of 359,000 persons during
the year.
According to the UN, approximately two million persons had returned
to south since 2005. These persons had been displaced as a result of
conflict, famine, and fighting during the north-south conflict.
Few persons displaced during the May and December 2008 fighting in
Abyei returned to the area.
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, through the NISS, continued to
censor print and broadcast media, and harass vocal critics of the
government. The government controlled the media through the National
Press Council, which administered mandatory professional exams for
journalists and editors. Journalists also practiced self-censorship.
On June 8, the Press and Publication Law was passed. The law states
that no restrictions will be placed on freedom of the press except on
issues pertaining to safeguarding national security and public order
and health. Civil society expressed concern that the new law did not
meet international standards for freedom of expression. For example, it
gives the National Press and Publication Council the power to shut down
newspapers for three days without a court order.
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.
The government directly controlled some print media outlets and
exerted a great degree of control over the limited number of
independent newspapers, including through direct censorship.
The government directly controlled radio and television and
required that both reflect government policies. Some foreign shortwave
radio broadcasts were available. A private FM radio station continued
to operate, and 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.
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.
On February 1, authorities ordered Egyptian-Canadian journalist
Heba Aly, who had been researching the manufacture of Sudanese weapons,
to leave the country. Aly reportedly had been harassed by security
officials since October 2008.
In early March authorities deported foreign journalist Zouhir
Latif. Prior to his deportation, he was arrested and detained for two
days. Latif had been in Darfur before his arrest.
Journalists were subjected to arrest, harassment, intimidation, and
violence due to their reporting.
On November 10, the government's National Press and Publications
Council reportedly revoked the journalism license of Al-Wifaq editor
Ahmed Fadallah. The following day a court suspended the revocation.
On December 14, Rushan Oshi, a journalist for the Al-Tayier
newspaper, was arrested while covering a political demonstration (see
section 2.b.). She was beaten and suffered a broken finger. Authorities
released her after several hours and charged her with disturbing the
peace.
The government directly censored the media.
On February 10, March 17, and July 28, the newspaper Al-Maidan was
reportedly not published after authorities censored articles from those
issues.
Official censorship prevented the publication of the newspaper
Ajras al-Hurriya multiple times during the year.
On September 9, the NISS censorship prevented the publication of
the newspaper Al-Sudani.
On September 27, President Al-Bashir issued a decree to eliminate
the nightly direct NISS newspaper censorship that began in March 2008.
The decree is based on a new code of honor signed by a group of editors
and NISS officials. Other restrictions, such as calls from government
officials to editors and writers warning of off-limit topics and
prohibiting advertisers from placing ads in newspapers the government
did not favor, continued.
Authorities similarly harassed English-language newspapers whose
primary readership was southerners.
There were some reports of harassment of journalists in Southern
Sudan.
On January 13, biweekly Juba Post editor in chief Isaac Billy
Cideon was detained for nine hours for publishing a press release in
October 2008 accusing SPLA Major General Wilson Deng of illegally
selling local land to Somali businessmen without community consent.
On October 9, following false rumors that GOSS President Salva Kiir
had died, armed SSPS officers entered the Juba compound of UNMIS and
demanded that UNMIS Radio Miraya FM shut down temporarily following a
taped interview with GOSS Vice President Riek Machar aimed at
dispelling a hoax.
On May 16, in Juba, SPLA military police reportedly briefly
detained, searched, and questioned journalists Abdulgadir Mohammed and
Adil Badir and confiscated their telephones.
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. 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 frequently censored films, especially those imported
from the West, if they were deemed offensive to public morality.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the Interim National Constitution and law provide
for freedom of assembly, the government severely restricted this right
in practice. The government formally banned all rallies and public
demonstrations in the country, although this was not always enforced.
Islamic orders associated with opposition political parties,
particularly the Ansar (Umma Party) and Khatmiya (Democratic Unionist
Party), continued to be denied permission to hold large public
gatherings, but did hold regular opposition rallies on private
property. Government security agents occasionally attended opposition
political meetings, disrupted opposition rallies, and summoned
participants to security headquarters for questioning after political
meetings.
Authorities prevented persons from meeting to discuss the elections
planned for April 2010.
Police use of excessive force to disperse persons resulted in
injuries.
On March 11, at Dilling University in Southern Kordofan State, a
group identified as students, former students, and NISS officials broke
up an authorized student forum. The NISS officials and others attacked
the group of approximately 200 students with sticks and iron bars. Ten
students were reportedly injured.
On December 7, authorities in Omdurman arrested 146 persons,
including SPLM Secretary General Pagan Amum and Head of Northern Sector
Yassir Arman. Many, including Yassir Arman, were beaten by police. The
arrests followed an SPLM-led demonstration aimed at delivering a memo
to the National Assembly speaker calling for progress on pending key
legislation needed for CPA implementation. Authorities also arrested an
additional 120 persons in protests in the northern cities of Wad
Madani, El Obeid, and El Hasahisa. All those arrested were released by
the following morning.
On December 14, police arrested several high-ranking opposition
party members, including prominent Umma Party member Mariam Al-Sadiq,
along with approximately 100 other protesters as the group attempted to
march to the National Assembly following a political rally in Omdurman.
Security forces used excessive force and tear gas to disperse the crowd
of approximately 300 demonstrators. Authorities released those arrested
by the following morning.
Authorities took no action against security forces that used
excessive force.
Freedom of Association.--The Interim National Constitution and law
provide for freedom of association, but the government severely
restricted this right in practice. There were 76 officially registered
political parties as of August 31. The law effectively prohibits
political parties linked to armed opposition to the government. SLM/MM
was not permitted to register. The government continued to harass some
opposition leaders who spoke with foreign organizations or embassies.
c. Freedom of Religion.--The Interim National Constitution and law
provide for freedom of worship throughout the country; however, the
government continued to place restrictions on non-Muslims, non-Arab
Muslims, and Muslims from tribes or sects not affiliated with the
ruling party. The NCP, which originally came into power with a goal of
Islamization, treated Islam as the state religion, declaring that Islam
must inspire the country's laws, institutions, and policies.
Religious organizations, including churches, were subject to the
same restrictions placed on nonreligious corporations. Although the law
requires religious groups to register to be recognized or to assemble
legally, the registration requirement was not enforced, and churches,
including the Catholic Church, declined to register.
Blasphemy and defaming religion are punishable by imprisonment in
the north, although these restrictions were rarely enforced.
The Commission for the Rights of Non-Muslims in the National
Capital, a CPA mechanism for protecting religious freedom, issued
regular reports and recommendations to the government.
On March 27, local officials in Chat, a Nuba Mountains village,
allegedly led a mob that razed a building used by the Evangelical
Presbyterian Church and the Sudanese Church of Christ.
In February in Southern Kordofan, two local members of the NCP-
aligned Popular Defense Force (PDF) reportedly threatened to kill a
Presbyterian church leader. On March 1, PDF members interrupted a
church service and threatened further destruction after breaking the
cross on the church's roof. On March 7, a church in Shatt Mazarik was
the target of an arson attack, and on March 21, there was a similar
attack on a church in Shatt Dammam.
There were numerous ongoing disputes between the government and
various churches involving confiscated church property. There were no
reports of court-ordered property restitution or compensation.
The construction and use of houses of worship required government
approval.
According to an NGO report, in June a group of Christian clergy
members in Khartoum were arrested while worshipping.
Under the state-mandated curriculum, all schools in the north--
including private schools operated by Christian groups--are required to
teach Islamic education classes from preschool through university.
While the law permits non-Muslims to convert to Islam, conversion
by a Muslim is punishable by death. Authorities occasionally subjected
converts to intense scrutiny, ostracism, and intimidation or encouraged
them to leave the country; however, there were no reports of conversion
punished by death.
The government restricted foreigners from entering the country
expressly for Christian missionary work. Foreign Christian religious
workers, including priests and teachers, experienced lengthy delays in
obtaining visas.
On February 1, the HAC expelled the NGO Thirst No More from Darfur,
accusing it of Christian proselytizing.
The NISS routinely monitored religious activities at mosques and
churches.
Various governmental bodies have decreed that women must dress
modestly according to Islamic standards, including wearing a head
covering, and there were instances in which police in the north and
south arrested women for their dress. However, women often appeared in
public wearing trousers or with their heads uncovered. In Khartoum an
informal group of persons known as religious police, who were not
government officials, occasionally demanded that women pay on-the-spot
fines for violating Islamic standards. The government's public order
police conducted raids of public establishments in Khartoum to arrest
women for violating Islamic dress codes. Punishment for violating the
dress code was 50 lashes, although those arrested were sometimes able
to pay bribes to escape punishment.
On March 26, in Khartoum, police reportedly arrested two Christian
women for wearing trousers. They were released pending trial. On March
29, a court sentenced them to 40 lashes or to a fine. The two women
paid the fine and were released.
On July 3, authorities arrested 13 women and girls for wearing
pants. Ten of them, including three girls, did not have legal
representation and received 10 lashes and had to pay fines. Three of
the women, including Lubna Hussein, asked for legal representation. Two
of these women accepted a presidential pardon; one, Lubna Hussein, did
not accept the pardon. On September 7, a court found Lubna Hussein
guilty of immoral or indecent dress. Hussein was sentenced to either
pay a fine or serve one month in jail, but was released on September 8,
when, against her wishes, the head of the progovernment Sudanese
Journalists' Union reportedly paid the fine on her behalf. Hussein was
not permitted to enter a plea or call witnesses on her behalf.
Authorities arrested and later released 45 peaceful protesters who
waited outside the trial in support of Hussein. They also harassed and
arrested journalists covering the trial. Hussein's appeal of the
conviction was pending at year's end.
On November 18, police reportedly arrested 16-year-old Silva Kashif
for indecent dress; she was wearing a skirt. Authorities lashed Kashif
50 times.
In the south Christians, Muslims, and followers of traditional
indigenous beliefs generally worshiped freely. The GOSS officially
favored secular government. Christians dominated the GOSS. Local
government authorities often had a close relationship with local
Christian religious leaders.
Societal Abuses and Discrimination.--Muslims in the north who
expressed an interest in Christianity or converted to Christianity
faced severe social pressure. Christians reported pressure on children
in school; some teachers and media characterized non-Muslims as
nonbelievers.
There were reports that some Muslims received preferential
treatment regarding limited government services, such as access to
medical care, and in court cases involving Muslim against non-Muslim.
Non-Arab Muslims and Muslims from tribes and religious groups not
affiliated with the ruling party, such as in Darfur and the Nuba
Mountains, stated that they were treated as second-class citizens and
were discriminated against in applying for government jobs and
contracts in the north and government-controlled southern areas.
The Jewish community remained small, and there were no reports of
anti-Semitic violence during the year; however, government officials
made anti-Semitic comments, and government-controlled newspapers
featured anti-Semitic caricatures.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
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 government impeded the work of the UN High Commissioner for
Refugees (UNHCR) and delayed full approval of UNHCR activities,
particularly in North and South Darfur. In some cases it cooperated
with the UNHCR and other humanitarian assistance organizations in
assisting refugees and asylum seekers. In previous years the government
defied agreements and targeted refugees and asylum seekers for abuse,
although specific information regarding whether this occurred during
the year was not available. The government permitted refugees from
Eritrea and Ethiopia to remain in the country and travel to Khartoum.
In the south the GOSS cooperated with the UNHCR and other
humanitarian organizations in providing protection and assistance to
IDPs and returning refugees.
The government required citizens to obtain an exit visa to depart
the country. While the issuance of exit visas was usually pro forma and
not used to restrict citizens' travel, the government did deny some
humanitarian workers exit visas.
Women cannot travel abroad without the permission of their husbands
or male guardians; however, this prohibition was not applied in the
south and was not strictly enforced.
The government restricted persons from traveling outside of the
country to attend conferences. In May the government restricted more
than 50 Darfuris from traveling to a conference in Ethiopia, hosted by
the Mo Ibrahim Foundation, to discuss peace-building and reconciliation
in Darfur. The restriction resulted in the cancellation of conference.
While movement was generally unhindered for citizens outside
conflict areas, foreigners needed government permission for domestic
travel outside of Khartoum, which could be difficult to obtain and was
sometimes refused. Foreigners 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 law prohibits forced exile, and the government did not use it.
Opposition leaders remained in self-imposed exile throughout northern
Africa and Europe during the year.
Internally Displaced Persons.--In Darfur approximately 2.7 million
civilians had been internally displaced since the conflict began in
2003. Violence continued to displace persons in Darfur during the year.
For example, the UN reported that between January and mid-May,
approximately 137,000 persons in Darfur had been displaced as a result
of the conflict. Many persons were displaced for the second or third
time during the year (see Section 1.g.).
In the south interethnic fighting and LRA attacks resulted in the
widespread displacement of persons during the year (see section 1.g.).
According to the UN, approximately two million persons had returned
to south since 2005 (see section 1.g.).
There were no developments regarding the thousands of persons
displaced by the Merowe dam in previous years.
In January authorities in Juba began to forcibly evict persons from
residential areas and markets, which were subsequently demolished,
displacing more than 30,000 persons, including IDPs. On May 25, UNMIS
called for the demolitions to be halted and stated that they were not
done in accordance with the law or international human rights
standards.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, its 1967 Protocol, and
the 1969 African Union Convention Governing the Specific Aspects of the
Refugee Problem in Africa. Its 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.
The government granted asylum to a large number of asylum seekers,
but there was no standard determination procedure or documentation.
Government officials reportedly were unresponsive to applications for
refugee status.
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.
Child refugees did not receive free primary school education nor
were they treated as citizens as required by the 1951 convention.
The government provided temporary protection to individuals who
might not qualify as refugees under the 1951 convention and the 1967
protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Interim National Constitution provides citizens the right to
change their government peacefully; however, elections, originally
scheduled under the CPA for July were rescheduled for 2010.
The Interim National Constitution provides for power sharing
nationwide between the NCP and the SPLM. The DPA contains provisions
for power sharing and the inclusion of Darfuris at all levels of
government; however, the majority of the power-sharing provisions in
the DPA remained unimplemented at year's end.
The Interim National Constitution established a three-member
presidency to head the government, consisting of a president, Omar
Hassan al-Bashir (NCP); a first vice president, Salva Kiir Mayardit
(SPLM), the president of the GOSS; and a second vice president, Ali
Osman Taha (NCP), who was formerly the country's first vice president.
The DPA created a fourth ranking member in the presidency, a senior
assistant to the president, Minni Minawi, leader of the Darfur rebel
group SLA/MM.
A bicameral legislature is composed of the 450-member National
Assembly and 52-member Council of States. Legislative and cabinet
positions are allocated by a CPA-specified formula that reserves 52
percent of the positions for the NCP, 28 percent for the SPLM, 14
percent for northern opposition parties, including those from Darfur,
and 6 percent for southern opposition parties.
GNU members took office in 2005, and in October of that year Salva
Kiir Mayardit, the country's first vice president and president of the
GOSS, appointed the GOSS cabinet. At the same time, Kiir appointed
governors of the 10 states of Southern Sudan, and each southern state
also formed its legislative assembly with 48 members allocated
proportionally as stipulated in the CPA: 70 percent to the SPLM, 15
percent to the NCP, and 15 percent to other southern political forces.
Southern Sudan's legislative assembly approved an interim constitution
in 2005, which President Kiir signed in December of that year.
On October 19, SPLM delegates temporarily withdrew from the
national assembly due to concerns over lack of progress on legislative
reforms pertaining to the CPA. On December 13, the SPLM and NCP reached
an agreement pertaining to legislation on the referendum on southern
independence, the Abyei referendum, and popular consultations. On
December 20, the National Assembly passed national security legislation
without the support of the SPLM or opposition parties. On December 29,
the National Assembly passed legislation on the southern referendum in
line with the previously agreed language with the SPLM; this superseded
legislation passed on December 23 that was not in accordance with the
December 13 agreement. On December 30, the assembly passed legislation
on the Abyei referendum and on popular consultations in Southern
Kordofan and in Blue Nile states.
The DPA-mandated TDRA, headed by Minawi and charged with
implementing the DPA and promoting coordination and cooperation among
the three Darfur states, was established in 2007, but the government
withheld 99 percent of its budget during the year.
Elections and Political Participation.--Presidential and
parliamentary elections were last held in 2000; they were marked by
serious irregularities, including official interference, electoral
fraud, insufficient opportunities for voters to register, and
inadequate election monitoring. All major opposition parties boycotted
the elections.
On April 1, the National Electoral Commission scheduled national
elections for February 2010; they were later rescheduled to begin on
April 5, 2010, and then again rescheduled for April 11-18, 2010.
From April 28 to May 9, a UN team conducted an elections assessment
in the country. The UN reported that important advances had been made,
but noted that several basic actions, including the protection of civil
liberties, needed to be implemented to provide a free and fair
environment. The report also expressed concern that election
preparations were behind schedule, voters needed increased civic
education, and the national elections commission needed to address
registration constraints of IDPs, refugees, and those without necessary
documentation.
Political parties and NGOs also expressed concern that the legal
environment did not guarantee civil liberties needed for free and fair
electoral environment.
On June 18, the National Electoral Commission's members were sworn
in.
Voter registration occurred from November 1 to December 7. The
Carter Center observed the registration process. The center's findings
included that the process was mostly peaceful and that officials
registered relatively high numbers of voters, but also that there was
uneven participation across geographic areas, a shortage of
registration materials, the collection of registration receipt slips by
some political parties, lax procedural compliance, and proxy
registration. In Darfur the center noted that election committees could
not access all areas, including some IDP camps; some IDPs chose not to
participate; and security forces were present at registration centers.
UNMIS noted high voter turnout as well, but also reports of
irregularities throughout the process including registration of
military units outside their constituencies and the registration of
more persons than the estimated population in some areas.
On June 29, the results of April 2008 national census were
released. The CPA states that certain power sharing provisions of the
agreement are to be adjusted based on the census. The SPLM rejected the
results, claiming that populations in the south were underestimated.
Many IDPS in Darfur also rejected the results.
The law permits the existence of political parties, but prohibits
parties linked to armed opposition to the government, and the
government routinely denied permission for, or disrupted, gatherings
viewed as politically oriented. Security forces arrested, detained, and
tortured political opponents.
Authorities regularly impeded and monitored political party and NGO
meetings and activities, and arrested participants.
For example, on June 23, in the state of Khartoum, authorities
prevented a public discussion on elections by an NGO. Authorities told
the organizers that they needed prior approval to hold the event.
On August 6, the NISS disrupted a public talk about the upcoming
elections. Security forces dispersed the crowd from the Sudanese
Congress Party and ordered the organizers to cancel the event. The
organizers had reportedly obtained all the necessary permissions and
clearances to hold the public event.
On September 9, the NISS prevented three organizations from holding
a symposium on elections at Khartoum University.
In the south authorities obstructed the activities of Democratic
Change (SPLM-DC).
On July 3, SPLA soldiers arrested two members of the recently
formed SPLM-DC. One of the men was released on July 13 and stated that
SPLA members beat him while in custody. The other person was reportedly
beaten so severely that he required hospital care and was subsequently
released by the SPLA.
On November 9, the GOSS issued an order to governors in the south
to not impede the actions of any political party, except the SPLM-DC.
SPLM-DC founder Lam Akol appealed the decision and later announced that
the Constitutional Court granted the appeal.
Women had the right to vote. There were approximately 80 women in
the 450-seat National Assembly, three national female state ministers,
and one female minister in the GNU. The GOSS agreed to set aside 25
percent of all government positions for women, although in practice
representation was far short of that goal. The DPA also includes
provisions to ensure the representation of women at all levels of
government; however, in practice there were few women in government in
Darfur. Under the July 2008 National Elections Law, 25 percent of the
seats in the national, Southern Sudan, and state assemblies are to be
filled from state-level women's lists.
Section 4. Official Corruption and Government Transparency
The law does not provide criminal penalties for official
corruption, and officials frequently engaged in corrupt practices. The
government did not investigate officials suspected of corruption.
Government officials were not subject to financial disclosure laws.
There were no laws providing for public access to government
information, and the government did not provide such access.
The Auditor General's report on fiscal year 2008 found that 5.4
billion Sudanese pounds ($2.3 billion) was embezzled from government
institutions.
In Southern Sudan, GOSS officials often engaged in corrupt
practices with impunity. Corruption was a problem in all branches of
the GOSS.
The GOSS granted access to government information for citizens and
noncitizens, including foreign media.
Section 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.
While various local human right groups were active in the country,
the government, in addition to expelling 13 international
organizations, closed three major domestic NGOs in March: the Khartoum
Centre for Human Rights and Environmental Development, the Amal Centre
for Treatment and Rehabilitation, and the Sudan Social Development
Organization (SUDO). The Khartoum Centre and SUDO's assets were seized.
Members of local and international human rights organizations were
subject to arrest and detention, including in Darfur (see section
1.g.).
For example, on August 30, the NISS arrested Abdel Majeed Saleh
Abakr Haroun, a Darfuri human rights activist and leading member of the
Darfur Democratic Forum. He was on his way to meet students who were
beaten in the June 11 Khartoum University attack. At year's end he
remained in NISS custody without charge.
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, despite 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 of international organizations for investigations into
human rights violations, and it did not provide lists of detained
individuals to the international community.
On April 21, the National Commission for Human Rights Act was
adopted. A commission had not been set up by year's end.
The government did not cooperate with the ICC (see section 1.g.).
In Southern Sudan the South Sudan Council for Human Rights operated
somewhat independently. Its members were appointed by the president of
the GOSS. The council cooperated with international human rights
advocates and submitted regular reports and recommendations to the
GOSS.
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 against disability,
language, or social status.
Women.--The punishment for rape under the law varies from 100
lashes to 10 years' imprisonment to death; however, the government did
not effectively enforce these provisions. 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.
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 did not report their cases either to family or
authorities for fear they would be punished or arrested for ``illegal
pregnancy'' (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. Prostitution is illegal but widespread throughout the
country.
While no law specifically prohibits sexual harassment, 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.
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. Women had
equal access to diagnosis and treatment for sexually transmitted
diseases, including HIV.
The law discriminated against women, including many traditional
legal practices and certain provisions of Shari'a as interpreted and
applied by the government. In accordance with 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. It was much easier for men than for women to initiate legal
divorce proceedings.
A Muslim woman cannot legally marry a non-Muslim unless he converts
to Islam. This prohibition usually was neither observed nor enforced in
areas of the south or among Nubans (most of whom were Muslim).
Traditional or customary courts in the south routinely imprisoned
women for lengthy pretrial detention on allegations of adultery.
Women cannot travel abroad without the permission of their husbands
or male guardians; however, this prohibition was not enforced strictly.
To obtain an exit visa, children must receive the permission of
their father or their paternal uncle. Women cannot apply for exit visas
for their children.
Various governmental bodies have decreed that women must dress
modestly according to Islamic standards, including wearing a head
covering. There were instances in which police in the north and south
arrested women for their dress, and authorities subjected women to
flogging. However, women often appeared in public wearing trousers or
with their heads uncovered. In Khartoum persons known as religious
police, who were not government officials, occasionally demanded that
women pay on-the-spot fines for violating Islamic standards.
Women experienced economic discrimination in access to employment,
credit, and pay for substantially similar work, and owning or managing
businesses. Women were accepted in professional roles; more than half
the professors at Khartoum University were women.
Children.--The 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. Boys
and girls generally had equal access to primary education, although
girls were more affected by early marriage and the fact that many
families with restricted income chose to send sons and not daughters to
school. In Darfur few children outside of cities had access to primary
education. Primary school enrollment in the south has tripled since
2005 according to UNICEF. Lack of schools was a serious problem in the
south. Girls in the south did not have equal access to education.
In 2005 UNICEF reported that in Southern Sudan only approximately
500 girls completed primary school each year.
Many children were abused, abducted, or used as slaves. Child labor
remained a problem.
Female genital mutilation (FGM) remained widespread, particularly
in the north, where a 2005 UNICEF estimate put prevalence at 90
percent. 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.
Several NGOs worked to eradicate FGM.
The law establishes the legal age of marriage as 10 for girls and
15 or puberty for boys. There were no reliable statistics on the extent
of child marriage, but child marriage was a problem.
Child prostitution, trafficking of children, and sexual abuse of
children remained problems, particularly in the south. Children engaged
in prostitution for survival, usually without third-party involvement.
The country does not have a statutory rape law and there is no
minimum age for consensual sex.
Children were used as soldiers in armed groups (see section 1.g.).
Internally displaced children often lacked access to government
services such as education.
The government operated ``reformation camps'' for vagrant children.
Police typically sent homeless children who had committed crimes to
these camps, where they were detained for indefinite periods. Health
care and schooling at the camps generally were poor, and basic living
conditions often were primitive. All of the children in the camps,
including non-Muslims, must study the Koran, and there was pressure on
non-Muslims to convert to Islam.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons, but does prohibit abduction, luring, and forced
labor. The Interim National Constitution prohibits slavery. The State
of Emergency Law prohibits all forms of sexual exploitation, and
penalties include fines and imprisonment. However, internal trafficking
for the purposes of forced labor, sexual exploitation, and domestic
servitude occurred. Women and girls were trafficked to Middle Eastern
countries for domestic servitude and to Europe for sexual exploitation.
Ethiopian women were trafficked to and through the country for domestic
servitude. Children were trafficked through Yemen into Saudi Arabia for
forced begging. The recruitment and use of child soldiers was a
problem. In the south intertribal abduction of women and children
continued.
There were no informed estimates on the extent of trafficking.
Government and other armed groups continued to recruit child
soldiers (see section 1.g.).
The LRA, which used child soldiers, continued to operate in the
south despite its 2006 signing of an agreement to cease hostilities.
The LRA abducted adults and children in the south.
Intertribal abductions of women and children continued in the
south. Victims frequently became part of the new tribe, with most women
marrying into, or being forcibly married into, the new tribe; however,
other victims were used for labor or sexual purposes.
In August police in Jonglei State rescued 12 children and arrested
suspected child abductors.
Thousands of Dinka were abducted by the Misseriya and Rezeigat
tribes during 1980s and 1990s. In contrast with the previous year,
government's Committee to Eradicate the Abduction of Women and Children
(CEAWC) received no funding from either the GNU or the GOSS and did not
repatriate any individuals to their home regions during the year.
In 2007 the governments of Sudan and the United Arab Emirates
signed an agreement establishing claims facilities to compensate former
Sudanese child camel jockeys for their injuries. In previous years the
government's National Council for Child Welfare reported the
repatriation of former child camel jockeys, although none were
repatriated during 2009.
There were no prosecutions of trafficking cases during the year.
The government conducted antitrafficking public information and
education campaigns at the national, state, and local levels.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 per day, and mentally
disabled prisoners were not exempted from trial.
National/Racial/Ethnic Minorities.--The population is a multiethnic
mix of more than 500 Arab and African tribes with numerous languages
and dialects. Northern Muslims traditionally dominated the government.
Interethnic fighting in Darfur was between Muslims who considered
themselves either Arab or non-Arab and also between different Arab
tribes (see section 1.g.). Interethnic fighting in the south was a
severe 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
homosexuality; there were no reports of persons being prosecuted on
this basis. Societal discrimination against homosexual persons
occurred. Sexual orientation was not openly discussed in the country.
There were no visible lesbian, gay, bisexual, or transgender
organizations.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on HIV/AIDS.
Incitement to Acts of Discrimination.--The government and
government-supported militias actively promoted hatred and
discrimination, using standard propaganda techniques to incite tribal
violence.
Section 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.
On November 12, authorities reportedly arrested Sudan airways
pilots after they participated in a strike.
In the south, on September 10, the SSPS reportedly beat doctors and
nurses following a one-day strike.
b. The Right to Organize and Bargain Collectively.--The law denies
trade unions autonomy to exercise the right to organize or to bargain
collectively. The law defines the objectives, terms of office, scope of
activities, and organizational structures and alliances for labor
unions. The government's auditor general supervised union funds because
they were considered public money.
There were credible reports that the government routinely
intervened to manipulate professional, trade union, and student union
elections.
Specialized labor courts adjudicated standard labor disputes, but
the Ministry of Labor has the authority to refer a dispute to
compulsory arbitration.
The law does not prohibit antiunion discrimination by employers.
There is one export processing zone, in Port Sudan, and it is
exempt from regular labor laws.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices continued.
Abduction, forced labor, and sexual slavery of women and children
continued.
Although the government continued to deny that slavery and forced
labor existed in the country, CEAWC acknowledged that abductions had
occurred in the 1980s and 1990s and that not all abductees had since
been freed.
The forcible recruitment of persons into armed groups continued
(see section 1.g.).
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although mandated by the Interim National Constitution to protect
children from exploitation, the government did not effectively do so,
and child labor was a serious problem. The legal minimum age for
workers was 18 years, but the law was not enforced in practice. Child
labor in the agricultural sector was common. Children were engaged in
shining shoes, washing cars, street vending, begging, herding animals,
construction, and other menial labor.
The use of child soldiers, child trafficking, and child
prostitution were problems (see sections 1.g. and 4).
The Ministry of Social Welfare, Women, and Child Affairs 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 124
Sudanese pounds ($53) per month, which did not provide a worker and
family a decent standard of living. The Ministry of Labor, which
maintained field offices in most major cities, was responsible for
enforcing the minimum wage, which employers generally respected. In the
south civil service workers, including teachers, often worked for long
periods without getting paid.
The law, which was generally respected, limits the workweek to 40
hours (five eight-hour days), with days of rest on Friday and Saturday.
Overtime should not exceed 12 hours per week or four hours per day.
There was no prohibition on excessive compulsory overtime.
Although the laws prescribe health and safety standards, working
conditions generally were poor, and enforcement by the Ministry of
Labor was minimal. The right of workers to remove themselves from
dangerous work situations without loss of employment is not recognized.
In the south the Ministry of Labor and Public Services is
responsible for monitoring health and safety standards for workers;
however, it did not do so effectively.
__________
SWAZILAND
Swaziland is an absolute monarchy, and King Mswati III has ultimate
authority over the cabinet, legislature, and judiciary. The population
was approximately 1.02 million, according to the 2007 census. There was
a prime minister and a partially elected parliament, but political
power remained largely with the king and his traditional advisors, the
most influential of whom remained the queen mother. International
observers concluded that parliamentary elections held in September 2008
did not meet international standards. The 2008 Suppression of Terrorism
Act to silence dissent and ban certain political organizations remained
in effect. While civilian authorities generally maintained effective
control of the security forces, there were some instances in which
elements of the security forces committed abuses
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 transsexual 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.--The government and
its agents did not commit any politically motivated killings; however,
security force members committed extrajudicial killings and were
responsible for several deaths during apprehension. Authorities claimed
to have investigated cases, but officers were either cleared of
wrongdoing, or results were not reported. No known action was taken
against perpetrators.
On June 13, in Big Bend, members of the Royal Swaziland Police
Service (RSPS) shot and killed Mjomane Msibi, a suspected drug dealer
who reportedly tried to evade arrest.
On May 12, police shot and killed Sibusiso German Matsebula, a
suspect in the killing of Sibusiso Mashaya.
On August 10, Umbutfo Swaziland Defense Force (USDF) soldiers
patrolling in the Shiselweni region along the border with South Africa
shot and killed Sonnboy Mthandeni Mamba, who was allegedly trying to
smuggle a car into the country.
No action was taken against security force members responsible for
the following 2008 killings: the January police killing of a suspected
thief; the March and April killings of suspected car smugglers by USDF
soldiers; and the killing of a suspected poacher in his home by the
general manager of Mkhaya Private Game Reserve, who was accompanied by
three police officers.
No action was taken in any of the 2007 killings perpetrated by
security forces.
During the year there were reports of killings by community police,
volunteers with arrest authority under the supervision of a chief.
For example, on February 28, community police in Mahwalala attacked
and killed a man with bush knives and machetes; the victim had
allegedly beaten a security guard.
On July 1, community police and residents of Mpolonjeni beat to
death Sibusiso Mtsetfwa, who was suspected of killing his girlfriend.
There were numerous reports of mob killings during the year. On
February 12, the Times of Swaziland newspaper reported that a mob of
seven Mhlalini residents in the Shiselweni region attacked and killed a
man who was allegedly stealing bags of cement from the Sibovu Primary
School. The matter was pending at the High Court at year's end.
On March 4, a mob attacked and killed a traditional healer from the
Shiselweni region with bush knives and stones. The mob reportedly
pushed the healer, who was suspected of stealing cattle to fund his
sister's dowry, into his car, which they sprinkled with gasoline and
set on fire.
No action was taken, nor was any expected, against persons who
participated in 2008 and 2007 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, and only one case was investigated. 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, Kuseni Hlophe alleged that police officers in January
temporarily suffocated him with a rubber tube during interrogation to
coerce a confession of murder.
In a May 5 High Court appearance, theft suspect Sibusiso Mdluli
alleged that police officers beat him with machine guns, revolvers, and
sticks and refused his request for medical attention.
In a July court appearance, suspects Thabo October Dlamini, Nganono
Sabelo Manyatsi, Bheki Dlamini, Thulasizwe Ndlovu, and Sidumo Sikhondze
alleged that five police officers based at the Mbabane police station
had beaten them with a crowbar and temporarily suffocated them with a
plastic bag. The presiding officer in the case ordered the police to
take the five suspects to the hospital before taking them back to
custody.
On September 4, police reportedly detained and tortured the head of
the banned political group Swaziland Youth Congress (SWAYOCO) (see
section 3).
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 2007 abuse cases.
Despite numerous requests from civic organizations, the special
commission's investigative report into the alleged 2005 torture of 17
political organization members had not been released by year's end; the
report was submitted to the Prime Minister's Office in 2007.
There were credible reports of excessive force by community police
during the year.
For example, on February 12, the Times of Swaziland newspaper
reported that Mbhuleni community police officers tied a man of
Mozambican origin with a chain and severely whipped him for allegedly
taking payments from local residents for furniture that he did not
deliver.
No action was taken against community police responsible for the
following 2008 abuse cases: the April beating in detention of a 16-
year-old girl; the August beating of five homeless children; or the
September beating of Sifiso Vilakati.
Mob violence continued, and persons accused of rape were often
severely beaten by community members.
On July 9, an angry mob in Nhlangano assaulted Sikhumbuzo Dlamini
of Mhlalini for allegedly stealing a two-kilo package of chicken.
No action was taken, nor was any expected, against the perpetrators
of 2008 and 2007 mob violence.
Prison and Detention Center Conditions.--Government prisons and
detention centers remained overcrowded, and conditions generally were
poor. According to the 2006-07 annual report issued by the Ministry of
Justice, there were 2,829 prisoners in 12 correctional centers. Prison
guards tortured and 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.
Rape and consensual sex between prisoners contributed to the spread
of HIV/AIDS. Correctional facilities had prevention programs and
medical clinics, and prisoners were offered free HIV/AIDS testing,
counseling, and antiretroviral treatment.
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.
The government did not permit independent monitoring of prison
conditions by local human rights groups or the media. International
officials and NGOs working on programs to fight HIV infection were
permitted frequent entry to prisons and detention centers. The
government generally cooperated with international organizations and
permitted visits by UN representatives; however, it denied Amnesty
International (AI) and other groups access to a political prisoner (see
section 1.e.).
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, police arbitrarily
arrested and detained numerous persons.
Role of the Police and Security Apparatus.--The king is the
commander in chief and holds the position of minister of defense. He
presides over a civilian principal secretary of defense and a
commanding general.
The Royal Swaziland Police Service (RSPS), under the authority of
the prime minister, is responsible for maintaining internal security.
The 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,
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 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. Traditional chiefs are
required to hand over cases of serious crimes to the RSPS for further
investigation; however, this did not always occur.
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, and their families had access to them. There is a
functioning bail system, and suspects can request bail at their first
appearance in court, except in serious cases such as murder and rape.
Police arbitrarily detained opposition members and demonstrators,
one of whom was charged under the 2008 Suppression of Terrorism Act
(see sections 2.b. and 3).
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 vested in two systems: one
based on Roman-Dutch law, and the other based on a system of
traditional courts that follows traditional law and custom. The Roman-
Dutch judiciary consists of the Supreme Court, the High Court, and
magistrate courts.
The Supreme Court, which is primarily composed of foreign-born
judges but includes two Swazis, has appellate and supervisory
jurisdiction over the High Court and magistrate courts. Some observers
believed foreign justices increased the judiciary's credibility and
independence, while others believed that reliance on foreign
professionals undermined the development of a strong national base of
professional justices. Neither the Supreme Court nor the High Court,
which interprets the constitution, has jurisdiction in matters
concerning the office of the king or queen mother, the regency,
chieftaincies, the Swazi National Council, or the traditional regiments
system, all of which were 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 public prosecutor has the legal authority to determine which
court should hear a case, but 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
violated civil laws and international treaties signed by the country,
particularly those involving women's and children's rights. Defendants
in traditional courts are not permitted formal legal counsel but may
speak on their own behalf, call witnesses, and be assisted by informal
advisors. Sentences are subject to review by traditional authorities
and can be appealed to the High Court.
Political Prisoners and Detainees.--On September 21, the High Court
dismissed for insufficient evidence the terrorism and sedition case
against political prisoner Mario Masuku, the 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 November 2008 on terrorism and sedition
charges. During the year the government denied access to Masuku to AI,
the Council of Swaziland Churches, the Swaziland Federation of Trade
Unions, and a group of Danish students. 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.
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, including
the home of Mario Masuku (see section 1.e.).
Police conducted physical surveillance of members of labor unions,
political groups, religious groups, and others. For example, on May 11,
police searched offices of the Foundation for Socioeconomic Justice and
seized items. On June 12, mourners at the funeral of alleged bomber
M.J. Dlamini complained of police surveillance. Comfort Mabuza of the
nongovernmental organization (NGO) Media Institute in Southern Africa
reported he was followed by police throughout the year.
In November 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.
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.
Individuals--and family members of individuals--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.
During the year the foreign minister criticized foreign diplomats
for speaking publicly about political matters and warned that they were
not to interfere in the internal affairs of the country.
There were two daily newspapers, the independent Times of Swaziland
and the Swazi Observer, which was owned by the king's investment
company, Tibiyo Taka Ngwane. Both newspapers criticized government
corruption and inefficiency but generally avoided criticizing the royal
family. The Ministry of Public Service and Information periodically
published the Swaziland Today newspaper. Private companies and church
groups owned several newsletters and magazines.
In November 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 January 12, after being pressured by police and
government authorities, former cabinet minister and Times of Swaziland
columnist Mfomfo Nkambule publicly apologized to the king for a series
of articles that criticized the monarchy. Prime Minister Sibusiso
Dlamini had threatened to charge Mfomfo Nkambule and other media
commentators under the 2008 Suppression of Terrorism Act. Nkambule, who
at one point had been ordered to buy between four and six cows as a
fine to appease the king, reported in his newspaper column that failure
to pay the fine could result in the eviction of his family from their
homestead. On April 27, the Times of Swaziland stopped publishing
Nkambule's articles.
Journalists were called to the offices of the king, prime minister,
and senate subcommittee for their reporting on political events or the
royal family.
For example, on May 12, a senate subcommittee summoned Times of
Swaziland editor Mbongeni Mbingo and other journalists for reporting
about a verbal exchange between Senate President Gelane Zwane and
Senator Ndileka Dlamini. Senators advised journalists that internal
parliamentary discussions were private and raised the possibility of
charging journalists with contempt of parliament.
On June 30, at the George Tums Hotel in Manzini, organizers of an
HIV/AIDS workshop ejected journalists covering the event after members
of parliament (MPs) complained of the press presence. Parliamentarians
cited an incident in which an MP was publicly embarrassed after papers
headlined his statement that HIV/AIDS patients should be branded on
their buttocks.
In August Prime Minister Dlamini reportedly threatened to close
media outlets if they reported on an August royal trip abroad; there
was no domestic coverage of the event. In August 2008 USDF soldiers
assaulted Times of Swaziland journalists who were at the airport to
cover the return of nine of the king's wives and their entourage from a
lavish shopping spree abroad; soldiers also seized the journalists'
cameras.
Journalists received anonymous telephone calls advising them not to
pursue particular stories, and many of them complied. For example,
freelance journalist and Times of Swaziland columnist Vusi Sibisi
reported that he stopped writing after being told that a warrant for
his arrest had been issued due to his articles that criticized the
government and the monarchy.
Unlike in previous years, defamation laws were not used to restrict
the press.
In March 2008 Speaker of the House Guduza, a brother of the king,
sued the Times of Swaziland for two million emalangeni ($270,000) for
articles it published about his involvement with a company that
allegedly illegally imported cigarettes worth 17 million emalangeni
(approximately $2.3 million). The case had not gone to trial by year's
end.
In February 2008 the High Court awarded MP Marwick Khumalo a
default judgment of 120,000 emalangeni ($16,200); in July 2007 Khumalo
had sued Bheki Makhubu, the editor of the private Nation magazine, for
defamation after Makhubu wrote an article accusing Khumalo of
corruption. However, on February 22, the High Court granted the Nation
magazine an order for stay of execution, and the case remained pending
at year's end.
The March 2007 defamation suit filed by MP Maqhawe Mavuso against
the Swazi Observer newspaper remained pending at year's end; the
Observer had included Mavuso's name in an article about an alleged
assault.
There was one government-owned radio station and one independent
radio station that broadcast religious programs and public information
programs on issues such as HIV/AIDS; however, the government generally
restricted media content, especially on government television and
radio. There was one privately owned television station; however, the
owner's mother was a daughter of the previous king, Sobhuza II, and the
station's reporting favored the monarchy. The government-owned
Swaziland Television Authority and radio stations were the most
influential media in reaching the public, but neither generally
broadcast news about antigovernment demonstrations or criticism by
``progressives.'' Government broadcast facilities retransmitted some
Voice of America and BBC news programs in their entirety.
Consumers freely purchased and used satellite dishes to receive
signals and programming from independent South African and other
international service providers.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chatrooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
cafes existed in larger urban areas, but most citizens lived in rural
areas. An estimated 4.1 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 restricted academic
freedom by limiting academic meetings, writings, and discussion on
political topics. There were no government restrictions on cultural
events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the government severely restricted this right during the year. The law
requires police consent to hold political meetings, marches, or
demonstrations in a public place. Authorities 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 31, the city council of Manzini refused to
give permission to the unregistered African United Democratic Party to
hold a rally at Freedom Square to demand political reform.
On July 12, police stopped SWAYOCO, one of the four groups declared
a ``specified entity'' under the Suppression of Terrorism Act, from
holding a political meeting at the Caritas Center in Manzini. Police
briefly detained four members of the organization for questioning.
On July 30, the Tshaneni police station commander told foreign
students visiting from the political science department of the
University of Kwazulu Natal to stop holding meetings or discussions
while in the country.
Police attacked and forcibly dispersed demonstrators, although
unlike in the previous year, there were no reports that police arrested
union members and legal strikers. No action was taken against police
who used excessive force on demonstrators.
On February 28, police used teargas to disperse SWAYOCO members,
six of whom were arrested and later released for proceeding with a
banned rally; four demonstrators were injured.
On March 2, at the Kwaluseni Campus of the University of Swaziland,
police fired teargas canisters to disperse university students
protesting the introduction of a new school schedule.
On September 21, at Matsapha Prison, correctional officers beat
journalists and members of PUDEMO and SWAYOCO, who were waiting for the
release of political prisoner Mario Masuku (see section 1.e.). Two
SWAYOCO members were seriously injured.
No action was taken against security force members who forcibly
dispersed demonstrations in 2008.
Freedom of Association.--The constitution provides for freedom of
association, but the government severely restricted this right during
the year. The constitution does not address the formation or role of
political parties, and a 2006 High Court appeal to the 1973 ban on
political parties had not been heard by year's end. However, in a
September 2008 affidavit, the former prime minister reiterated that
political parties were banned, and in November 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 September
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.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
New religious groups or churches are expected to register with the
government, and there were no reports that any groups were denied
registration during the year.
Government permission was required for the construction of new
religious buildings. Non-Christian groups sometimes experienced minor
delays in obtaining permits from the government. The government-owned
television and radio stations did not permit non-Christian religious
groups to broadcast, although news of events in the Muslim world, such
as Ramadan, did appear.
Societal Abuses and Discrimination.--Relations between religious
groups were generally amicable, although church-related land disputes
and rivalry between branches of some sects resulted in occasional
violence. There were no developments in the 2008 case involving
fighting between rival church groups that resulted in two deaths.
The Jewish community comprised less than 1 percent of the
population, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. 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.
Non-ethnic Swazis sometimes experienced lengthy processing delays
when seeking passports and citizenship documents, in part due to the
country's history when mixed race and white persons were not considered
legitimate citizens.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. Its 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
applied after extended periods of time in the country, including 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 were banned. The king retains ultimate executive and
legislative authority; parliament has limited authority. Legislation
passed by parliament requires the king's consent to become law. Under
the constitution, the king selects the prime minister, the cabinet,
two-thirds of the Senate, 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 MPs. 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 September 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 new government in
October 2008. International observers concluded that the elections did
not meet international standards. Political parties were not allowed to
register or sponsor candidates. Ballots were cast in secrecy but could
be traced by registration number back to voters, and some ballot boxes
were not properly protected. Accusations of bribery were reported.
There were widespread reports that citizens were advised that if they
did not register to vote, they would no longer receive government
services.
During the year 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 new constitution took effect, the 1973 decree that banned
political parties lapsed; the constitution provides for freedom of
association but does not address political parties. In 2006 the
minister of justice and constitutional affairs stated that political
organizations could hold meetings at ``tinkhundla'' (local government)
centers if they obtained permission from the regional administrator and
allowed a police officer to attend the meeting. However, political and
civic organizations reported problems with traditional authorities when
they requested permission to meet.
The constitution also states that candidates for public office must
compete on their individual merit, thereby blocking competition based
on political party affiliation.
On September 4, police reportedly detained and tortured Wandile
Dludlu, head of the banned political group SWAYOCO, for allegedly
making seditious statements during a border blockade sponsored by a
South African labor union. Dludlu claimed police also questioned him
about a plot to smuggle weapons and explosives into the country to bomb
buildings and kill influential politicians and royalty. Police
reportedly took Dludlu to a forest, threatened him with death, and over
a period of approximately two hours used plastic bags to temporarily
suffocate him during interrogation. According to reliable sources,
police had no information tying Dludlu to the plot and did not follow
up on weapons locations Dludlu provided under torture, even though one
location was within two miles of the police station. Dludlu
subsequently recanted his statements. An investigation was ongoing at
year's end.
The government harassed and arrested opposition members and raided
the offices of opposition groups.
On May 9, in the Malkerns area, police raided the houses of Samson
and Sabelo Ndlangamandla and seized materials relating to banned
political entities PUDEMO and SWAYOCO.
On May 11, in Manzini, police raided the offices of the Foundation
for Socioeconomic Justice and confiscated PUDEMO t-shirts, a digital
video of a PUDEMO meeting, and a program for the May worker's day
celebration.
Chiefs are custodians of traditional law and custom and are
responsible for the day-to-day running of their chiefdoms and for
maintaining law and order. Chiefs act as overseers or guardians of
families within the communities. They are an integral part of society
and traditionally report directly to the king. Local custom mandates
that chieftaincy is hereditary. However, the constitution, while
recognizing that chieftaincy is ``usually hereditary and is regulated
by Swazi law and custom,'' also states that the king ``can appoint any
person to be chief over any area.'' As a result, many chieftaincies
were nonhereditary appointments, which provoked land disputes,
especially at the time of burials.
The constitution provides that 55 of the 65 seats of the House of
Assembly be popularly contested and that the king appoint the remaining
10 members. Five of the 10 must be women, and the other five must
represent ``interests, including marginalized groups not already
adequately represented in the House.'' In 2008 the king appointed two
women in 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 EBC chairman
Chief Gija Dlamini stated that there was no space in parliament to seat
female regional members and that 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 had appointed only seven female
senators, rather than the eight required. 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.
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 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 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 ($6
million) in potential government revenue is lost each month due to
corruption. The World Bank's most recent Worldwide Governance
Indicators reflect that corruption was a serious problem.
The Anticorruption Commission (ACC), which is funded by the
Ministry of Justice and was officially launched in September 2008, has
the power to investigate cases, gather evidence, and arrest individuals
for failure to respond to ACC requests. During the year it received 20
to 30 cases each month; however, no ACC case had resulted in conviction
by year's end. ACC commissioner Justice H.M. Mtegha attributed the
commission's ineffectiveness to lack of training, inadequate staff,
shortage of judges in the judiciary, and the general backlog of cases
in the court system.
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 16, the media reported that despite numerous
reports to police, including the identity of the embezzler, no arrests
were made in the embezzlement of 150,000 emalangeni ($20,300) at
Hlathikhulu Government Hospital.
During the year the director of public prosecutions dropped the
corruption case against government official Maswazi Shongwe and Senator
Thandi Maziya, who were arrested and charged with fraud in February
2008. No reason was provided.
According to April 2008 media reports, Clifford Mamba, the
principal secretary of the Ministry of Foreign Affairs and Trade,
testified before parliament's Public Accounts Committee that Prince
David, the former minister of justice and constitutional affairs,
simultaneously received a salary as cabinet minister and as the
country's ambassador to Denmark. The Ministry of Foreign Affairs asked
the Attorney General's Office to intervene after Prince David refused
to reimburse the government more than 430,000 emalangeni ($58,100);
however, no action had been taken by year's end.
The nine suspects released on bail in 2007, including the former
principal secretary of the minister of finance and other individuals
closely associated with the king, were still awaiting trial at year's
end for spending 50 million emalangeni ($6.7 million) on a business
training exercise for which the government had allocated only 10
million emalangeni ($1.3 million).
The constitution prohibits government officials from assuming
positions in which their personal interest is likely to conflict with
their official duties. These officials are required to declare their
assets and liabilities to the Integrity Commission within six months of
its establishment; however, the Integrity Commission is under the
Commission on Human Rights and Public Administration, which had not
been established until September. In December news organizations
reported that the prime minister declared his assets to the commission;
however no other officials had declared their assets and liabilities by
year's end.
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 the active
groups were the Swaziland Action Group Against Abuse, Lawyers for Human
Rights of Swaziland, and Women and Law in Southern Africa. Human rights
groups spoke out on a number of occasions, criticizing the lack of
accountability and transparency in the government.
The constitution provides for the independence of human rights
NGOs; however, this provision falls within the ``policy'' section,
which cannot be enforced in any court or tribunal.
On June 3, 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 May 1 celebrations,
Maseko reportedly expressed support for the two ``freedom fighters''
who died in September 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 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 constitution provides that the
commission be established no later than 2007.
The government generally cooperated with international
organizations and permitted visits by UN representatives; however, it
denied AI and other groups access to a political prisoner (see section
1.e.).
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 2008 RSPS Annual Report, 770 rape cases
were reported in 2008. 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. 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 to 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.
Prostitution is illegal but prevalent. Enforcement of laws against
prostitution was inconsistent, particularly near industrial sites and
military bases.
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.
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. Access to contraception was
broad, 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.
Women occupied a subordinate role in society. The dualistic nature
of the legal system complicated the issue of women's rights. Since
unwritten law and custom govern traditional marriage and matters of
inheritance and family law, women's rights often were unclear and
changed according to where and by whom they were interpreted. Couples
often married in both civil and traditional ceremonies, creating
problems in determining which set of rules applied to the marriage and
to subsequent questions of child custody, 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 conflicted 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.
During the year female attorney Mary-Joyce Doo Aphane sued the
government to compel it to overturn Section 16(3) of the Deeds Registry
Act, which prohibits women from registering property in their own
names. Arguing that the Deeds Registry Act interfered with
constitutional provisions for female equality, Aphane noted that
despite constitutional provisions voiding laws in conflict with
constitutional clauses, no such laws had been amended or suspended by
year's end.
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 divorce. Children born out of wedlock are viewed
as belonging to the mother unless the father claims the child.
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 risks losing 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 women between 15 and 49 years of age were widows, half of
whom had been dispossessed of property.
In 2008 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 did not provide free,
compulsory education for children. The government paid textbook costs
for first through seventh grade students, while the student paid
varying school fees and contributed to the building fund. Students were
sent home if their families did not pay school fees. However, during
the year the Ex-Miners' Association sued the government to obtain free
primary education on behalf of the country's children, and on March 25,
the court ruled in favor of the association. As a result, the
government began registering first and second grade students for the
2010 term and is required to pay all tuition, fees, and books for those
grades. The Ex-Miners' Association filed a second suit during the year
after the government announced its plan to implement free education
gradually; the government claimed it could not afford to implement free
primary education immediately.
The Ministry of Education received an annual budget allocation to
pay school fees for OVCs in primary and high school; however, some
schools continued to complain of delayed payment and expelled OVCs for
nonpayment of fees. Supplemental money sometimes had to be raised for
building maintenance, including teachers' housing. Rural families
favored boys over girls if they could not send all their children to
school. 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 April 2008 found that one in three women
in the country has suffered some form of sexual abuse as a child and
that one in four experienced physical violence. Most sexual assaults of
girls occurred at home, and fewer than half of sexual assaults were
reported. Disabled children, children out of school, and orphans were
at particular risk. Punishment for child abuse was minimal, and even
the perpetrators of abuse that resulted in death were generally fined
no more than 200 emalangeni ($27).
Corporal punishment by teachers and principals is legal and
routinely practiced. School regulations state that a teacher can
administer a maximum of four strokes on the buttocks to a student
younger than 16, and six strokes for students older than 16; however,
teachers often exceeded this limit with impunity. For example, on
February 4, a teacher beat a girl for not spreading her legs fully
during physical education exercises, reportedly causing the girl
permanent kidney damage. On February 9, the media reported that the
head teacher and the mathematics teacher at Velebantfu High School gave
a 15-year-old pupil 20 lashes, 10 on each buttock, as punishment for
missing morning studies and not doing his mathematics homework.
Authorities made no arrests in either case.
On March 7, 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 for both men and women. However,
with parental consent and approval from the minister of justice, girls
can marry at age 16. The government recognized two types of marriage:
civil marriage and marriage under traditional law and custom.
Traditional marriages can be with girls as young as 14. Critics of the
royal family said the king's many wives and young fiancees, some of
whom were 16 years old, set a poor example in a country with an HIV/
AIDS prevalence of 42 percent among persons between 15 and 49 years of
age.
During the year 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
in traditional rites to Enock Mncina. On July 12, a 16-year-old pupil
from Magojela was forced to enter into a traditional marriage with
Samuel Dladla of Gege.
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/or a fine of 100 emalangeni ($13.50). The law sets the
age of sexual consent at 16 years 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/or
a fine of 1,000 emalangeni ($133).
With the help of local communities, police during the year closed
two brothels in Mbhuleni, where 35 girls from seven to 14 years old
were trading sex for meals or alcohol provided by their pimps or
clients.
During the year the numbers of street children in Mbabane and
Manzini continued to grow. A large and increasing number of HIV/AIDS
orphans were cared for by aging relatives or neighbors, or they
struggled to survive in child-headed households. Some lost their
property to adult relatives. 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.
Trafficking in Persons.--On November 10, the king assented to the
People Trafficking and People Smuggling (Prohibition) Act, which
prohibits trafficking in persons and became law in December, when it
was published in the government gazette; however, Swaziland was a
source, destination, and transit country for women and children
trafficked for the purpose of commercial sexual exploitation, domestic
servitude, and forced labor in agriculture.
Swazi girls, especially orphans, were trafficked for commercial
sexual exploitation and domestic servitude in Mbabane and Manzini, as
well as to South Africa and Mozambique. Swazi boys were trafficked for
forced labor in commercial agriculture and market vending. Some Swazi
women were forced into prostitution in South Africa and Mozambique
after voluntarily migrating there to look for work. Chinese organized
crime units trafficked victims from Swaziland to hubs in Johannesburg,
South Africa, where they were distributed locally or sent to be
exploited overseas. Traffickers forced Mozambican women into
prostitution in Swaziland, or transited the country with their victims
to South Africa. Mozambican boys migrated to Swaziland to wash cars,
herd livestock, and work as porters; some later became victims of
trafficking.
The new law provides a penalty of up to 25 years' imprisonment for
convicted traffickers, who also are required to pay a fine to the
victim in an amount determined by the court; the penalty for profiting
from exploiting a trafficking victim is up to 15 years' imprisonment
and a fine of up to 800,000 emalangeni ($106,000).
There were no known investigations or prosecutions of trafficking
cases during the year.
No government agency is specifically responsible for combating
trafficking in persons or maintaining records distinguishing trafficked
persons from other illegal immigrants or refugees. However, in July the
prime minister appointed a taskforce made up of officials from various
ministries as well as representatives from NGOs and the UN to develop
and begin implementation of a national strategy to fight human
trafficking. The antitrafficking taskforce reviewed legislation,
developed an action plan, and began documenting cases of human
trafficking. In August the government began a campaign to raise public
awareness of the issue.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/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. 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.
There is one school for the deaf and one special educational
alternative school for children with physical or mental disabilities.
Only 25 percent of adults with disabilities were employed, mostly in
the private sector, according to a 2006 study conducted by the Ministry
of Health and Social Welfare. In 2006 the minister for Enterprise and
Employment found that of 10,600 visually impaired persons in the
country, only three were employed. Despite the 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 in Manzini was
overcrowded and understaffed.
In October 2008 a visually impaired man was appointed as a senator,
marking the first time a person with disabilities served in parliament.
National/Racial/Ethnic Minorities.--The constitution forbids
discrimination on the grounds of race, color, ethnic origin, tribe, or
birth; however, governmental and societal discrimination was practiced
against non-ethnic Swazis, generally white persons and persons of mixed
race. Although there were no official statistics, an estimated 2
percent of the population was non-ethnic Swazi. Non-ethnic Swazis
experienced difficulty in obtaining official documents, including
passports, and suffered from other forms of governmental and societal
discrimination, such as needing special permits or stamps to buy a car
or house, delays in receiving building permits for houses, and
difficulties in applying for a bank loan.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Societal discrimination
against the lesbian, gay, bisexual, and transgender community (LGBT)
was prevalent, and LGBT persons generally concealed their sexual
preferences. 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.
Other Societal Violence or Discrimination.--There was a social
stigma associated with being HIV positive, which discouraged persons
from being tested. Nevertheless, there were often long lines of persons
waiting to be tested during prevention campaigns, especially among the
young. The military encouraged testing and did not discriminate against
those testing positive.
On July 5, in Lomahasha, a man assaulted his HIV-positive sister
for using a family toilet, which the man believed would result in other
family members becoming infected.
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.
In May the government forced the Swaziland Association of
Government Secretaries to cancel its May 19 meeting. The government
justified its action by noting that the association had not been
officially recognized, was not unionized, and could not collectively
bargain; the association responded that it could not make progress in
those areas unless it was allowed to meet.
The law does not specifically permit strikes, but it allows
employees who are not engaged in essential services to participate in
peaceful protest action to promote their socioeconomic interests.
Unlike in the previous year, there were no reports that police
detained union leaders; however, government officials intimidated union
leaders. For example, on May 6, police officers searched the house of
Alex Fakudze, president of the Swaziland Manufacturing and Allied
Workers Union, for copies of comments he made during the May 1
celebration.
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.
Unlike in the previous year, there were no reports that police
detained, shot, beat, or used tear gas against persons engaged in labor
protests; however, police restricted protest actions. For example, on
February 2, at Sibetsamoya, approximately 25 armed police officers were
deployed to Chuan Yi paper factory to ensure that 28 employees who had
engaged in a legal protest action returned to work.
There were no reports that union leaders were ordered to surrender
their travel documents after attending meetings abroad.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for the right to organize and bargain
collectively, and the government generally respected this right in
practice. However, employer interference with representatives of
workers' councils 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, including by children;
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 commercial sexual exploitation, domestic
servitude, agricultural labor, and market vending.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
constitution and law 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
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 that children may work on school days to six and the
overall hours per week to 33.
Employment of children in the formal sector was not common, but
children were found doing unpaid labor and often exposed to harsh
conditions of work. In rural areas, children below the minimum age
frequently 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. Minors were reportedly victims
of prostitution and trafficking.
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.
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 12 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 for 12 hours a day or more
without any overtime compensation. 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 had 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 deficiencies and an alleged desire not
to ``scare off foreign investors.'' Workers have no legal right to
remove themselves from dangerous workplaces without jeopardizing their
continued employment, and collective bargaining agreements do not
address the matter.
There were extensive provisions allowing workers to seek redress
for alleged wrongful dismissal, and these provisions frequently were
invoked during the year.
__________
TANZANIA
The United Republic of Tanzania, with a population of approximately
41 million, is a multiparty republic consisting of the mainland and the
Zanzibar archipelago, whose main islands are Unguja and Pemba. The
union is headed by a president who is also head of government; its
unicameral legislative body is the National Assembly (parliament).
Zanzibar, although integrated into the country's governmental and party
structure, has its own president, court system, and legislature, and
exercises considerable autonomy. In the 2005 union presidential and
legislative elections, Jakaya Kikwete was elected president, and the
ruling Chama Cha Mapinduzi party (CCM) made significant gains in
parliament. Observers considered the union elections on both the
mainland and in Zanzibar to be largely free and fair. The 2005
elections for president of Zanzibar were more contentious, however,
with serious irregularities and politically motivated violence. While
the civilian government generally maintained effective control of the
security forces, there were instances in which elements of the security
forces acted independently of government authority.
There were a number of human rights problems. Police and prison
guards used excessive force against inmates and suspects, and police
impunity was a problem. Prison conditions were harsh and life
threatening. Police corruption and violation of legal procedures were
problems, and the judiciary was corrupt and inefficient. The government
partially limited freedom of speech and press, especially in Zanzibar.
Government corruption remained a problem, and authorities restricted
the movement of refugees. Societal violence against women and persons
with albinism and women persisted. Female genital mutilation (FGM),
especially of young girls, continued to be practiced. Trafficking in
persons and child labor continued.
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 May the inspector general of police warned his officers not to
use lethal force; however, on several occasions security forces used
such force against citizens in custody and during pursuit.
For example, on March 27, police shot and killed a taxi driver in
Dar es Salaam after mistaking him for a robber. Bystanders told
reporters that the taxi driver was taking a client home when police
shot and killed him. Police investigated the case and turned the file
over to prosecutors, who dropped all charges. However, the officer died
in custody of natural causes before he could be released.
In July a Dar es Salaam family accused police of torturing and
killing their relative, Rashidi Tuga, after arresting him at his home.
According to a postmortem report, the body had marks on the neck, and
the head was swollen. The inspector general of police appointed a
seven-member team to investigate the killing. At year's end results of
the investigation had not been released.
The Tabora Senior State Attorney's investigation into the January
2008 beating to death of 16-year-old James Deus while in police custody
continued. The suspect remained in custody at year's end.
A total of 15 police officers allegedly involved in the shooting
deaths of three gemstone dealers and a taxi driver near Dar es Salaam
in 2006 were acquitted of murder charges in August due to lack of
evidence.
A number of deaths resulted from mob violence, including by
stoning, beating, hacking with machetes, and burning, although these
incidents continued to decline following a government outreach campaign
and nongovernmental organization (NGO) efforts. However, several mob
killings of suspected thieves occurred.
For example, on January 9, a mob killed Musa Juma in the Arusha
Region for trying to rob a house. The police intervened but too late to
save his life. At year's end there was no further information about the
killing.
In April Robhi Getaraswa, the chairman of Kitagasembe village in
Tarime, was beaten, burned, and killed by villagers for stealing eight
head of cattle. At year's end the police investigation was pending.
There were no further developments in other cases of mob violence
in 2008 including: three persons stoned to death in Rukwa Region; two
thieves killed near Malangali; three persons burned to death for
illegal fishing; and a man killed for stealing two chickens.
The widespread belief in witchcraft and fear of witches led to the
continued killing of alleged witches by persons claiming to be victims
of witchcraft, relatives of victims, or mobs.
For example, in August the Mwanza regional commissioner estimated
that 60 elderly individuals were murdered in Mwanza on suspicion of
being witches during the year; 56 of the victims were women.
In March a mob killed a 70-year-old man in the Mpui village of
Sumbawanga district for allegedly practicing witchcraft. The mob, armed
with clubs, arrows, and machetes, also injured nine persons, destroyed
cattle, and burned down the homes of persons they accused of harboring
witches. At year's end there had been no arrests, but the police were
looking for five men suspected of being the ring leaders.
Officials condemned such killings. In June 2008 Prime Minister
Mizengo Pinda condemned the killing of the elderly on suspicions of
witchcraft and urged citizens to take their concerns to a court of law
instead of using mob violence.
It was difficult to prosecute persons accused of killing suspected
witches due to lack of police resources and the unwillingness of
witnesses to come forward, but the government attempted to prosecute
several such cases. In September 2008 four persons were arrested for
killing Nyabusa Nyanda, age 60, in Sengerema district, Mwanza Region,
after accusing her of being a witch. The case remained pending and the
suspects remained in custody at year's end.
Violence continued against persons with albinism in the belief that
their body parts could create power and wealth. There have been
approximately 50 murders since 2007, with four in the month of July of
this year alone. NGOs believed that attacks against persons with
albinism may be underreported due to the involvement of family or close
friends.
In January President Kikwete told a rally organized by the Tanzania
Albino Society that his administration would protect persons with
albinism and would not tolerate attacks against them. In April 2008 the
president appointed a person with albinism--Al-Shaymaa Kwegyr--to
parliament to oversee efforts to defend the rights of persons with
albinism.
Prime Minister Pinda revoked the licenses of witchdoctors and
traditional healers during the year to put an end to the killing of
persons with albinism. The announcement received the support of some
traditional healers in Manyara Region, who admitted publicly that their
colleagues were encouraging the ritual killings.
In March the government asked residents in regions where albino
killings were concentrated to name the perpetrators in secret polls.
The results of these polls were not released. However, by September
there were an estimated 90 persons being held for crimes against
persons with albinism. The first trials for alleged albino killers
began in June. On September 23, a judge in the Shinyanga Region
sentenced three men to death for killing a 14-year-old boy and severing
his legs.
In early November a court in Shinyanga Region sentenced four men to
death in the killing of a 50-year-old man with albinism for his body
parts.
By year's end the courts had sentenced a total of seven persons to
death for attacks on persons with albinism.
The Commission on Human Rights and Good Governance (CHRAGG)
launched an ``omnibus'' initiative in October to stop the killings,
which included public inquiries, investigations, and educational
outreach about human rights violations associated with attacks on
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; however,
police officers and prison guards abused, threatened, and otherwise
mistreated civilians, suspected criminals, and prisoners on several
occasions during the year. Beatings were the method most commonly used.
For example, in May a suspect accused of pouring acid on the
managing editor of the MwanaHalisi newspaper accused Segerea prison
officials of severely beating him in front of their supervisor. The
beatings allegedly left him paralyzed on the left side. Court officials
ordered prison officials to investigate the complaint and report their
findings to the magistrate. Prison officials denied the allegations of
abuse and stated they were not aware of the court ordered
investigation.
Also in May, according to a report from the Legal and Human Rights
Center (LHRC), soldiers assaulted a traffic officer at a crossroad in
Dar es Salaam, allegedly because he was not directing traffic quickly
enough.
On September 19, approximately 15 soldiers stormed a bar in the
Lindi Region, reportedly after the owner and its patrons refused to
change the radio station. Six persons were seriously injured, and 18
others suffered minor injuries during the clash. Police arrested 12
soldiers and were seeking several others in connection with the
incident. There were no further developments by year's end.
There were no further developments in the following 2008 cases: the
April complaint by 150 villagers that police beat them and forced them
to vacate their homes; the April shooting of three gemstone miners by
police; and the June beating of Godbless Kiwelu by police.
Local government officials and courts occasionally used caning as a
punishment for both juvenile and adult offenders.
For example, in February 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. In September
the teachers filed a civil suit against the district commissioner for
Tanzanian shillings 300 million ($220,000), and the case continued at
year's end.
In August a witchdoctor from Ibongoya village in Mwanza was
sentenced to 30 years in prison and four strokes of the cane by the
Misungwi District Court for raping a student.
In August international NGOs reported that local field force units
forcibly evicted pastoralists and burned their homes and crops from the
Loliondo Game Controlled Area (LGCA), an area where a foreign
corporation owns the rights to hunt. Police were also alleged to have
arrested and sentenced without due process pastoralists who refused to
move. In October CHRAGG sent a team to investigate the incident but its
report was pending at year's end (see section 6).
Classes on respecting human rights and antitrafficking activities
for police and soldiers in basic training continued during the year as
part of the inspector general's commitment to professionalize the
police force and reduce corruption.
Unlike in the previous year, there were no reports that police
raped girls.
Prison and Detention Center Conditions.--During the year
representatives from the LHRC, CHRAGG, the Tanzanian Red Cross (TRC),
and the diplomatic community visited prisons. Prison conditions
remained harsh and life threatening. In May the CHRAGG inspected the
Ukonga maximum security prison in Dar es Salaam to follow up on reports
that inmates were being denied access to toilet facilities. In
interviews inmates complained of substandard food, lack of medication,
and poor sanitation. Prisoners stated that when they demanded better
conditions they were threatened with beatings and solitary confinement.
The LHRC also received prisoner complaints of abuse by guards and other
inmates.
The LHRC visited 24 prisons on the mainland during the year 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 TRC, which visits prisons annually, stated that
some prisoners had to sleep on the floor.
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, cholera, and other diseases related to
poor sanitation. Medical supplies were limited and medical care
inadequate. 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.
Food supplies in the prisons were inadequate. The TRC reported that
some prisoners were malnourished.
In May, 12 death row prisoners at the Ukonga maximum security
prison reportedly went on a hunger strike to protest the poor quality
of food. They accused officials of selling their weekly rations to
nearby schools for profit. The prison's public relations officer
refuted reports of a hunger strike.
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 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. Community service
was also rarely imposed due to an insufficient number of probation
officers.
The country's prisons held approximately 45,000 convicted prisoners
and pretrial detainees, whereas the maximum capacity of the prisons was
27,653. An estimated 1,500 convicted prisoners and pretrial detainees
are women. While a precise figure was not available for juveniles in
detention, officials estimated the juvenile population was similar to
that of female prisoners, a small fraction of the total prison
population.
Unlike in the previous year, there were no reports that prison
officers sexually abused individuals in detention.
Police investigated the 2008 rape of a minor by prison officer Hija
Mchwao and found sufficient evidence to charge him. However, in
September the charges were dismissed because there were no witnesses
willing to testify in the case.
The law requires prisoners to be separated by age and gender, and
whether a person is awaiting trial or has been convicted of a crime.
For the most part, these laws were followed in practice. Women were
separated from men and detainees were separated from convicted prisons.
However, there were only three facilities for juveniles, and juveniles
were often held with adults. Male juveniles awaiting trial were held in
one of five remand homes, and girls were almost universally released on
bail. For the most part remand prisoners were held separately from
convicted prisoners.
Authorities often moved prisoners to different prisons without
notifying their families. According to CHRAGG, prisoners were moved to
attend trials in specialized courts, but in some instances financial
constraints precluded the prison system from returning them to their
original locations after conviction.
The International Committee of the Red Cross visited prisoners at
the International Criminal Tribunal for Rwanda (ICTR) in Arusha, and
visited refugees in various prisons across the country to monitor
whether their fundamental rights were being observed. The Office of the
UN High Commissioner for Refugees (UNHCR) visited prisons holding
refugees to learn their immigration status and to provide help to those
who believed they had been wrongly arrested and sentenced for illegal
immigration. International and domestic NGOs also visited prisons and
offered legal and humanitarian assistance. However, the TRC visits were
restricted to the visitor areas and the TRC was not permitted to
inspect internal prison conditions.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
The seven elderly residents of Pemba detained in May 2008 were no
longer required to report periodically to the police station. In August
the seven met with UN representatives without interference and were
told that their petition asking for self-determination was under review
by the UN.
Role of the Police and Security Apparatus.--The national police
force under the Ministry of Public Safety and Security has primary
responsibility for maintaining law and order. A special division called
the Field Force Unit deals with unlawful demonstrations and riots.
Sungusungu citizens' patrols, 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 Ministry
of Defense is responsible for external security and has some limited
domestic security responsibilities.
The police force remained underfunded and largely inefficient.
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. In the year's National
Governance and Corruption Survey, households, public officials, and
enterprises identified the police force as one of the most corrupt
public institutions.
Police use of excessive force, police corruption, and impunity were
problems.
There were continuing efforts to improve the performance of police.
For example, during the year the national police held seminars on
corruption and took disciplinary action against police officers
implicated in wrongdoing. On December 31, the Assistant Superintendent
of Police Lwitiko Kibanda announced that during the year more than 15
police officers were dismissed and an additional 15 demoted for
unethical behavior, including corruption.
During the year a community policing initiative was launched to
mediate local disputes and reduce police corruption. The community
police, working in villages, received standardized training, and police
conducted an awareness campaign for citizens on how to work with the
community policing units.
During the year CHRAGG conducted a pilot study in Mwanza, Mbeya,
and Dar es Salaam to determine the extent of police brutality; however,
results of the study had not been released by year's end.
In some cases police acted as prosecutors in lower courts, but this
practice was being phased out. The Ministry of Justice began hiring and
training state prosecutors to handle the entire national caseload.
Judicial experts had criticized the practice of police acting as
prosecutors because it allowed police to manipulate evidence in
criminal cases.
The police continued to hold training seminars on surveillance and
detection, 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 TRC also trained members of the
police force both on the mainland and in Zanzibar to educate them about
human rights as well as the role of the TRC.
The government took steps to speed up the judicial process by
having the Director of Public Prosecution's (DPP) office review cases
to identify those that could be dismissed due to weak evidence or
resolved through plea bargains. The DPP developed a general instruction
manual for prosecutors and collaborated with police on a similar
resource for investigators to assist them in processing cases. In
addition, the DPP introduced an electronic case management system
during the year.
In December the government launched the National Criminal Justice
Forum to facilitate collaboration between law enforcement
organizations.
The law grants legal status to the Sungusungu village anticrime
groups. Local governments appointed Sungusungu 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 to the Sungusungu
for patrols or provided a volunteer to participate in patrols. In
refugee camps, Sungusungu groups composed of refugees acted as security
forces supplementing contingents of police.
During the year there were reports of Sungusungu units using
excessive force. Five cases (one in Shinyanga and four in Mwanza) 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 Tanzanian shillings 30,000
($23) to the victim.
Arrest Procedures and Treatment while in Detention.--The law
requires that persons be apprehended openly with warrants based on
sufficient evidence, and authorities generally complied with the law.
The law also requires that a person arrested for a crime, other than a
national security detainee, be charged before a magistrate within 24
hours of arrest; however, 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, the lack of communication systems and
infrastructure, and the illiteracy and poverty of the accused.
Authorities promptly informed detainees of the charges against them.
The government provided legal representation for 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 other 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 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 50 percent of the prison population
consisted of pretrial detainees. Detainees charged with criminal
matters generally waited several years for trial due to the time
required to complete police investigations, a lack of judges to hear
cases, and an inadequate judicial budget.
CHRAGG reported that on average it took two to five years for
suspects to have their cases heard and a judgment reached. Prisoners
continued to protest the length of time it took to hear their cases. In
January and again in August, pretrial suspects in the Keko Prison of
Dar es Salaam went on hunger strikes in order to pressure the
government to accelerate their cases. After five days, three of the
inmates were reportedly in critical condition and had to be put on
intravenous drip. There was no immediate response from prison officials
as to the status of their trials.
On April 26, President Kikwete ordered the release of 3,247
prisoners to ease overcrowding. This group included ill, 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 4,000 prisoners
on the occasion of Tanzania's Independence Day.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained underfunded,
corrupt (see section 4), inefficient, and subject to executive
influence, especially in the lower courts. 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.
The union Ministry of Justice faced a critical shortage of court
buildings as well as magistrates and judges. However, during the year
President Kikwete appointed 14 judges to the high court, bringing the
total to 55 of whom 22 were female.
In Zanzibar the president appointed two new high court judges,
which brought the total number of judges to six. The Zanzibar
government also eased the backlog of cases in the land tribunal by
hiring three new magistrates, two from Unguja and one from Pemba.
Previously the land tribunal only had one magistrate.
Both the union and Zanzibar legal systems are based on British
common law and also recognize customary and Islamic law in civil cases.
In criminal matters both Christians and Muslims are governed by
statutory or common law.
A Judicial Service Commission, chaired by the chief justice of the
Court of Appeal, appoints all judges except those for the Court of
Appeal and the high courts, who are appointed by the president. All
courts, including Islamic courts in Zanzibar, are staffed by civil
servants.
The country has a five-tier judicial system whose highest court is
the Court of Appeal. In addition, in Zanzibar, whose population is
almost entirely Muslim, there is a system of Islamic kadhi courts with
its own hierarchy, topped by a kadhi court of appeal. These courts hear
matters involving customary Islamic law on family and related matters.
On the mainland, civil law essentially governs all persons involved in
cases of child custody and divorce. Islamic and customary law governs
other family matters for Muslims and Christians, respectively. The
issue of establishing a kadhi court on the mainland, which has divided
Muslim and Christian leaders, remained contentious.
There was one juvenile court; however, it was overburdened and
handled cases only for young offenders in Dar es Salaam. Juvenile
offenders in other regions were tried in adult courts in most cases or
waited months for cross-country transportation to the juvenile court.
The law also provides for commercial courts, land courts, housing
tribunals, and military tribunals. Military tribunals do not try
civilians, but defendants convicted by military tribunals may appeal to
the High Court and the Court of Appeal.
Trial Procedures.--With some exceptions, criminal trials were open
to the public and the press. Courts that hold secret proceedings--such
as in drug trafficking cases--generally are required to provide reasons
for closing 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.
Juries are not used. The law provides for the presumption of
innocence. Defendants or their lawyers have access to evidence held by
the government, the right to question witnesses, and the right to
present evidence on the defendant's behalf. All defendants charged with
civil or criminal matters, except parties appearing before kadhi courts
and cases examining the constitutionality of Zanzibar laws, could
appeal decisions to the high courts and the Court of Appeal. The law
provides a right to free counsel for defendants accused of murder and
treason as well as for indigent defendants in other serious cases. Most
indigent defendants charged with lesser crimes did not have legal
counsel, however. In Zanzibar prosecutors act as lawyers for both the
state and the defendant. Suspects do not have the right to legal
defense.
There were approximately 1,000 registered lawyers in the country,
80 percent of whom practiced in Dar es Salaam, Arusha, and Mwanza. 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 assistanceby the
government and some NGOs, such as the Tanzania Women Lawyers
Association (TAWLA) and the National Organization for Legal Assistance.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Civil proceedings are
administered in the high court or at the magistrate or district level.
Persons may bring lawsuits seeking damages or the cessation of human
rights violations; however, civil judicial procedures often were slow,
inefficient, and corrupt.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law generally prohibits such actions without a
search warrant; however, the government did not consistently respect
these prohibitions. 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. During the year security forces
increasingly sought search warrants in accordance with the law, and
citizens had a greater awareness of their civil liberties and
complained when they were violated. CHRAGG received between 125 and 150
complaints regarding civil liberties each month during the year.
Between 2001 and 2008, CHRAGG received a total of 1,670 such complaints
or roughly 20 per month.
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 was continuing. During the year the LHRC filed an
application with the High Court seeking a court order to compel the
government to compensate or resettle the villagers. At year's end no
date had been set by the court for the hearing.
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 abusive or derogatory language to describe the country's
leadership publicly.
For example, on September 27, members of the opposition party Civic
United Front (CUF) were arrested in Tanga and charged with unlawful
abuse of the president following a rally at which they called for the
dissolution of the National Electoral and Zanzibar Electoral
Commissions, alleging that they were instruments of the ruling party.
The CUF officials were released on bail. At year's end there were no
further developments (see section 1.d.).
The independent media on the mainland were active and expressed a
wide variety of views without restriction.
The president publicly expressed support for press freedom, and
journalists were generally able to publish articles, for example,
alleging corruption by government officials, without reprisal. However,
the Ministry of Information acknowledged that it called four editors
into its offices during the year for distorting government statements,
criticizing the president without offering supporting evidence, and
printing misinformation about a parliamentary debate. No further action
was taken against the editors.
During the year there were reports of journalists being attacked.
For example, on December 22, five assailants attacked a journalist from
Mwananchi Communications in his home in Mwanza. The suspects demanded
the journalist turn over documents he had received in connection with
an investigation into funds allegedly stolen from a government bank
account. The police were investigating the case at year's end.
The law allows police to raid and seize materials from newspaper
offices and allows the minister of information to close media outlets
for reasons of undefined ``public interest.'' Unlike in the previous
year, the government did not exercise these powers during the year.
Unlike in the previous years, no newspapers were suspended. The
newspaper MwanaHalisi, which was suspended in October 2008, resumed
operation in January.
Registering newspapers remained difficult and was at the discretion
of the Registrar of Newspapers at the Ministry of Information on both
the mainland and Zanzibar. On the mainland there were an estimated 16
daily newspapers, 25 television stations, and 30 radio stations.
The mainland government allowed political opponents unrestricted
access to the media. Publications such as the opposition party
CHADEMA's Tanzania Daima were published daily. 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 one of the two newspapers was privately owned. The only
daily newspaper was government owned. National newspapers were sold in
Zanzibar without restriction. The Zanzibar government controlled all
content of radio and television broadcasts, whether privately or
publicly owned. 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, political opposition spokespersons had access. 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 Tanzanian shillings 250,000 ($190), 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.
Reporters were often harassed and threatened on Zanzibar. For
example, in October journalist Mwinyi Sadala was arrested while
investigating a cholera outbreak in Karakana. When he reportedly
refused to give police his camera, they seized it and charged him with
taking pictures without the permission of the permanent secretary of
the Ministry of Health and Social Welfare. After deleting the pictures
from the camera, police returned it to Sadala and withdrew the case
against him. In 2008 the Committee to Protect Journalists criticized
the government for arbitrarily arresting journalists.
During the year there was one attempt to launch a new newspaper on
Zanzibar, but Zanzibar officials denied it registration. However, the
newspaper received approval from mainland officials and operated from
the mainland.
Internet Freedom.--There were no government restrictions on access
to the Internet. During the year the police monitored the Internet to
prevent trafficking in persons and other illegal activities. Web sites
and blogs critical of the government faced the same scrutiny and
possibility of arrest as print media. During the year 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.
On July 11, the Dar es Salaam police prevented a group of retirees
of the East African Community from meeting for fear that they would
create public disorder and unrest. The retirees claimed the police had
given them a permit to assemble in advance of the planned meeting.
On July 17, according to an article in Mwananchi, Zanzibar police
banned a planned demonstration of five political parties who wanted to
march in support of the Zanzibar government's decision to remove gas
and petroleum from the list of union issues.
The Zanzibar government forcibly dispersed and arrested
demonstrators.
On August 4, Zanzibar government militia reportedly fired bullets
into the air to disperse crowds of CUF supporters gathered at
registration facilities on Pemba to protest the electoral registration
process.
On September 27, police arrested seven members of the opposition
party CUF after a rally in Tanga on charges of unlawful assembly,
assembly to commit a breach of peace, and unlawful abuse of the
president following the rally. CUF officials maintained they had
obtained police permission to hold the rally and made no statements
that could be construed as abusive to the president. The group was
released on bail. At year's end there were no further developments.
No action was taken against police officers who allegedly beat and
injured opposition CHADEMA supporters during a by-election in Tarime,
Mara Region, in October 2008.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, there were some limits on this freedom.
Religious organizations must register with the Ministry of Home
Affairs. To register, a religious organization must have at least 10
followers and present a constitution, the resumes of its leaders, and a
letter of recommendation from the district commissioner of the locale
where the organization would be based. Muslim groups on the mainland
also were required to submit a letter of recommendation from the
National Muslim Council of Tanzania, the body that governs Islamic
matters on the mainland, and from the office of the mufti in Zanzibar.
There were no reports that the government refused to register any
group during the year.
The law prohibits preaching, or distributing materials, that are
inflammatory or a threat to the public order.
The government occasionally rejected requests from religious groups
seeking to hold demonstrations because of the possibility that the
gathering could become confrontational or inflame religious tensions.
During the year Muslim religious leaders appealed to the government to
reintroduce kadhi courts on the mainland for the adjudication of
Islamic civil matters. Christian groups have objected that such courts
would violate government neutrality among religions and that the union
constitution did not provide for a national kadhi court.
Societal Abuses and Discrimination.--Government policy prohibits
discrimination against any individual on the basis of religious beliefs
or practices. Some Muslim groups charged that the government
discriminated against them in hiring, education, and law enforcement
practices. Some Christian groups claimed that all sensitive government
positions were filled by Muslims, but neutral observers stated that
there did not appear to be government bias toward any particular
religious group.
Unlike in the previous year, there were no reports that Muslim
school girls were harassed for wearing headscarves.
There were sporadic reports of religion-based disturbances in
various communities. Most of these reports involved practitioners of
animism targeted by members of the community who objected to their
traditional beliefs.
There were no further developments in the January 2008 case of
villagers in Idiwili who burned down the house of a Pentecostal
preacher.
The Jewish population was very small, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights. The
government generally cooperated with the Office of the 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 is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. Its laws provide for the granting of asylum or refugee status
and the government has established a system for providing protection to
refugees. For the most part, 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. However, in early November regional authorities in Kigoma
Region forcibly returned 72 asylum seekers from the Democratic Republic
of Congo (DRC) without allowing the UNHCR to conduct an independent
status determination. The Ministry of Home Affairs stated it regretted
the incident and would not allow it to occur again.
In December 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 the UNHCR, the government
continued the process of identifying those qualified for citizenship
and local integration, and more than 155,000 refugees had been granted
citizenship by year's end.
There were approximately 125,000 refugees in the country at the
start of the year, but only about 100,000 by the end of the year,
primarily from Burundi and the DRC. All Burundian refugees from 1993
except for approximately 36,000 were returned to Burundi as the
political situation there improved.
Burundian refugees continued to return home during the year,
motivated by improved security in Burundi, strong encouragement from
the government, and UNHCR relocation assistance packages. The
tripartite commission composed of the UNHCR and the governments of
Tanzania and Burundi encouraged repatriation by closing schools in the
camps and stopping refugee income-generating projects. The UNHCR
facilitated the repatriation of over 29,000 Burundian refugees and more
than 1,400 refugees to the DRC. Repatriation of Congolese slowed
considerably compared to the previous year. All returns were voluntary;
however, some refugees departed under the perceived threat of
restrictions on their activities from local politicians or of forced
return to a country where they feared life was not safe or economically
viable.
By year's end there were only two UNHCR-supported camps in the
country, one for Congolese and one for Burundians. 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 in earlier years. 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. A total of 97 refugees were detained for crimes committed
inside and outside of the camps between January and June. UNHCR worked
with authorities 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. However, electoral irregularities,
political violence, and legal and financial provisions favoring the
ruling CCM limited the effectiveness of the electoral process in
Zanzibar. 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 were
prohibited from fielding candidates during the 2005 elections.
In preparation for the October 2010 national elections, the
Zanzibar government began registering eligible voters in late June. The
registration process became contentious when CUF party members alleged
they were denied the right to register. A Zanzibar identification card,
which some CUF supporters had difficulty obtaining, was required for
registration. On August 4, 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
(see section 2.b.). According to CUF the soldiers arrested and beat
several party supporters. The charges against two of those arrested
were later dropped, while a third case remained pending at year's end.
Union police forces observed the attacks but did not attempt to
intervene. Following this incident, the Zanzibar Electoral Commission
halted registration. When it resumed in mid-September, CUF supporters
staged protests and blocked access to the voter registration centers.
Police dispersed the protesters.
Elections and Political Participation.--Separate elections are held
on the mainland and on Zanzibar, sometimes on the same day, in which
citizens of the two parts of the union elect local officials, members
of the national parliament, and a union (national) president. In
addition, Zanzibaris separately elect a president of Zanzibar and
members of the Zanzibar House of Representatives. District and regional
leaders in Zanzibar and on the mainland are appointed by their
respective presidents.
During the year there were three union parliamentary by-elections
and one for the Zanzibar House of Representatives. On the mainland
unidentified individuals reportedly attacked opposition party members
in Busanda and Biharamulo during the campaigns preceding the by-
elections. The ruling CCM party made similar complaints regarding
attacks. In addition, opposition parties complained of voting
irregularities in Biharamulo but did not file a legal challenge.
In 2005 Jakaya Kikwete, the CCM candidate, was elected president of
the union with 80.2 percent of the vote in an election widely
considered by observers as more free and fair than previous elections;
however, the campaigns preceding them were marked by violence in some
regions.
In 2005 voters in the semiautonomous archipelago of Zanzibar
elected a president, legislators, and local representatives for the
archipelago. CCM candidate Amani Karume, the incumbent president, was
reelected with 53 percent of the vote in an election marred by
irregularities and violence.
Harassment of opposition political parties by the government
diminished after the 2005 elections. However, with political parties
preparing for the 2010 elections, opposition parties alleged that the
ruling party tried to hamper their campaign initiatives. For example,
on September 27, seven CUF officials were arrested after a rally and
charged with unlawful assembly (see section 2.b.). CUF officials
maintained they had permission for the event, and the group was
released on bail. A few days later, CUF held a march in Dar es Salaam
to protest the ruling party's control over the national and Zanzibari
electoral commissions.
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.
In Zanzibar, particularly on Pemba, opposition party members
claimed that the government, the largest employer, discriminated
against them in hiring.
The registrar of political parties has sole authority to approve
registration of any political party and is responsible for enforcing
regulations on registered parties. Parties granted provisional
registration may hold public meetings and recruit members. To secure
full registration and 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.
The election law provides for parliamentarians completing a term to
receive Tanzanian shillings 20,000,000 ($15,000) as a ``gratuity,''
which incumbents can use in reelection campaigns. Several NGOs and
opposition parties criticized this provision for impeding aspiring
parliamentary candidates from opposition parties to mount an effective
challenge.
At year's end the government's 2007 appeal of a 2006 ruling by the
High Court, which would allow independent candidates to contest local
and national elections, remained pending.
The law requires that women occupy at least 30 percent of seats in
parliament. The political parties appoint women to serve in seats set
aside for them according to the percentage of votes their parties win.
After the 2005 elections there were 75 special seats for women, and at
year's end there were 91 women in the 320-seat parliament. After taking
office in 2005, President Kikwete appointed seven women ministers
(compared with four in the former administration) and 10 women deputy
ministers. At year's end, however, there were seven women ministers and
three deputy ministers. More than 20 of the 55 high court judges were
women, and one woman served as a justice of the Union Court of Appeal.
Women held 18 seats in the 81-seat Zanzibar House of Representatives
and four positions in the cabinet of the Zanzibar government.
There were 11 members of parliament of Asian origin in the 320-seat
National Assembly. There were no ministers of Asian 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 World Bank's
Governance Indicators reflected that corruption remained a serious
problem. In September the media reported that the World Bank urged the
government to do more to fight corruption as lack of progress allows
perpetrators to act with impunity. President Kikwete publicly
reaffirmed his commitment to fight corruption, noting the increase in
ongoing corruption cases from 58 in 2005 to 578 during the year.
Although several high-profile corruption investigations were underway,
including the case against former cabinet ministers Basil Mramba and
Daniel Yona for granting unjustified tax exemptions on a gold
production agreement, the government was criticized for slow progress
in these cases.
Judicial corruption was a problem. For example, in May a district
magistrate was sentenced to 11 years in prison for demanding five
million Tanzanian shillings ($3,700) from a businessman in return for a
favorable judgment in his case.
In September a primary court magistrate and a district court
secretary in Mwanza were arrested and prosecuted on corruption charges.
The two were charged with soliciting and receiving a bribe of Tanzanian
shillings 60 million ($45,000). At year's end their case continued.
In May a Kisutu Resident Magistrate's court found Jamila Nzota, a
magistrate in the Temeke district court, guilty of soliciting a bribe
of Tanzanian shillings five million ($3,700) and receiving Tanzanian
shillings 700,000 ($526). Her case was on appeal at year's end.
The PCCB is responsible for educating the public about corruption,
investigating suspected cases, and prosecuting offenders in
coordination with the DPP. The PCCB has 24 regional offices and an
office in every district on the mainland. It received 3,780 allegations
of corruption between January and August, investigated 584 cases, and
completed 834 investigation files. According to the PCCB, 137 new cases
were submitted to the courts during the year and 409 old and new cases
prosecuted. As of August there had been 25 convictions and 40
acquittals.
A special unit of the police force in Zanzibar is responsible for
corruption cases. However, there were no investigations as no
complaints were received during the year.
According to the PCCB, most corruption investigations concerned
government involvement in mining, land matters, energy, and investment.
NGOs also reported that allegations of corruption involved the Tanzania
Revenue Authority, local government officials, the police, licensing
authorities, hospital workers, and the media.
In September four Bank of Tanzania (BOT) employees were charged
with embezzling Tanzanian shillings 104 billion ($78 million) by
manipulating contract prices and printing requests for currency
procurement. One of the accused in this case was also charged in the
ongoing external payment arrears corruption investigation. At year's
end the accused were awaiting trial.
The case against more than 20 individuals accused in October 2008
of obtaining funds fraudulently from the BOT's external payment account
was ongoing at year's end.
There were no further developments in the November 2008 corruption
case against two former ministers of finance and the December 2008 case
against the former permanent secretary in the Ministry of Finance.
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; however, this unit was not effective.
There was little accountability in most government entities; senior
government officials estimated that 20 percent of the government's
budget in each fiscal year was lost to corruption, including theft and
fraud, fake purchasing transactions, and ``ghost workers.'' For
example, on October 31, the controller and auditor general completed a
review of all claims made by secondary school teachers for back pay and
found that in some instances teachers had made claims for payments
already received, and in other instances they had submitted forged
documents to substantiate claims. As a result of these irregularities,
roughly half of the claimed amount was rejected.
Government ministers and members of parliament are required to
disclose their assets when they take office, at the end of each year,
and when they leave office; however, there was no enforcement mechanism
or means to determine the accuracy of these disclosures. At year's end
only 23 percent of officials required to make disclosures had met the
end-of-year 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. In Zanzibar
journalists complained about lack of access to government information.
Civil service regulations effectively allow only a handful of high-
level government representatives to communicate information to the
media. Media groups pressed the government and parliament to adopt a
freedom of information act. Although the government held consultations
with civil society organizations as well as members of the media on a
new media bill, no immediate action was taken. The legislation was
pending at year's end.
In January Haki Elimu, a local NGO, in partnership with
International Budget Partnership, launched the Open Budget Index and
concluded that although budget transparency has improved in recent
years, problems persisted. Information was available about the budgets,
but it was not meaningful or easily understood.
According to a 2007-08 survey by Haki Elimu, the public did not
have access to information about the government's fiscal activities and
budget. Government officials estimated that 90 percent of all
government documents, including administrative forms, were treated as
classified. According to access-to-information advocates, laws blocked
public access to government information relating to national security,
broadcasting, newspapers, prisons, restricted areas, official secrets,
and police. There was no mechanism for appealing denials.
Parliament continued to use the Parliamentary Online Information
System (POLIS), which was available to the public via the Internet, to
increase access to government information. However, POLIS' reach
remained limited, since only about 1 percent of the country's citizens
used the Internet.
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. 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.
Mainland government officials generally were cooperative and
responsive to the views of human rights groups, although the government
accused NGOs of exaggerating reports concerning the eviction of
pastoralists from hunting reserves in Loliondo in September. The
minister of natural resources and tourism criticized NGOs for
misleading the public and stated the government planned to take
measures against them.
According to the Zanzibar Legal Council, the Zanzibar government
worked well with NGOs during the year. Together with NGOs the
government established a policy forum to encourage dialogue about
Zanzibar's laws and public policies. The forum, made up of different
stakeholders and senior members of the Zanzibar government, planned to
meet every two months, alternating between Zanzibar and Pemba. In the
past the government of Zanzibar was less tolerant of NGOs that
criticized the government, subjecting them to fines, suspensions, and
removal for violations of laws against sedition.
Active domestic human rights NGOs included Tanzania Gender
Networking Programme, Haki Elimu, the Center for Human Rights
Promotion, the Legal and Human Rights Centre, Tanzania Media Women's
Association, Action on Disability and Development, Tanzania Albino
Society, and the Tanzania Women Lawyers' Association. There were also
many smaller local human rights NGOs based outside of Dar es Salaam.
The Zanzibar Legal Services Center was one of the few active human
rights organizations in Zanzibar. All of these organizations were
independent of the government.
CHRAGG, which was financed by the government, operated without
government interference on the mainland and in Zanzibar. CHRAGG
received an increased number of complaints on issues of human rights
and administrative justice, partly as a result of awareness campaigns
conducted through the media and countrywide rural visits by the
commissioners and investigative officers. CHRAGG received 2,341
complaints during the year, of which 558 concerned human rights abuses
such as police brutality and prison conditions, and 1,783 involved good
governance issues such as labor disputes, land matters, and judicial
delays. Following its visits to prisons throughout the country, CHRAGG
recorded a spike in complaints. CHRAGG officials stated financial
constraints limited their activities and prevented them from addressing
the vast majority of complaints, but the organization closed
approximately 300 cases during the year.
The union parliamentary committee for constitutional, legal, and
public administration is responsible for reporting and making
recommendations regarding human rights. Although the majority of
committee members were from the ruling CCM party, the committee
nevertheless acted independently of government and political party
influence, and most observers viewed it as an unbiased institution.
The government continued to host the ICTR in Arusha and was
supportive of, and cooperated with, the ICTR. During the year there
were 23 detainees involved in six continuing cases. Five other
detainees were awaiting trial, and eight cases were pending appeal. In
September and October respectively, Gregoire Ndahimana and Idelphonse
Nizeyimana, two of the 13 remaining fugitives, were transferred to the
ICTR. In addition, the trial of Augustin Ngirabatware, former minister
of planning, began in September. In December the UN Security Council
extended the ICTR's mandate until 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, and rape continued to be a
serious problem. During the year several persons were prosecuted and
convicted for rape and battery, although an estimated 80 percent of
rape victims did not report their cases. During the year there were
7,325 reported rape cases, 2,969 prosecutions, 362 convictions, and 67
acquittals.
In August Zanzibar's Ministry of Labor, Youth Development, Women,
and Children announced the creation of committees in each region to
combat rape. Between January and October there were 551 rape cases
treated at the Mnazi Mmoja hospital in Zanzibar.
A survey released in July 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 as a private
matter and discouraged victims from taking legal action. Furthermore,
the survey concluded that the way police and hospitals handled such
cases discouraged victims from seeking legal remedies. Respondents
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.
Domestic violence against women remained widespread. 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. Police reportedly were often reluctant to pursue
domestic abuse cases, viewing them as family matters. However, domestic
violence was increasingly viewed as unacceptable. During the year there
were prosecutions and convictions for spousal abuse of husbands who
beat their wives. There were also rare cases of husbands who took their
wives to court for abuse. NGOs such as Kiwohede and TAWLA regularly
educated the public about the laws concerning spousal abuse and
provided education and shelter assistance to victims.
The courts recognized domestic violence as grounds for divorce.
However, women often tolerated prolonged domestic abuse before seeking
a divorce. Women in urban areas who sought advice from legal aid
clinics most commonly cited domestic abuse as the reason for wanting a
divorce.
During the year NGOs led efforts to sensitize society to the issue
of domestic violence. Through an extensive television advertising
campaign, they encouraged women to speak out about the issue.
The law prohibits prostitution; however, prostitution remained
common. Prostituted women were occasionally arrested, but the police
did not keep official statistics on prostitution arrests. Rural women
and young girls immigrating to urban areas were most at risk for
prostitution.
The government 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. Only an estimated 20 percent of women used
contraception, while another 20 percent would have liked to but did not
for reasons of culture, logistics, or commodity shortages. The
government provided free childbirth 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, crippling small, rural
clinics. Pregnant women giving birth at government health-care
facilities often had to purchase their own medical supplies. 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. In the private sector, there were
complaints that women at times faced discrimination because employers
worried their household obligations would be a professional liability.
Inheritance and marriage laws do not consistently provide full
equality for women, and in practice women's rights often were not
respected. The Ministry of Community Development, Women, and Children
and the Ministry of Justice and Constitutional Affairs were responsible
for protecting the legal rights of women. Discrimination against women
was most acute in rural areas. Rural women had little opportunity to
attend school or obtain wage employment.
In family matters the content and application of some customary and
Islamic laws was viewed by many as discriminatory against women.
The law gives individuals the right to use, transfer, and occupy
land without distinction of gender, and recognizes women's occupancy
rights (all land in Tanzania belongs to the government), but
implementation was difficult because most women were unaware of the
law. Historically, rural women did not own land or manage businesses
because of cultural constraints and lack of education. Civil society
activists reported widespread discrimination against women in property
matters related to inheritance and divorce. This was particularly the
case in Zanzibar, but also in some parts of the mainland, where
activists maintained that judges relied on customary and Islamic law in
discriminatory fashion. Women were particularly vulnerable if they
initiated the separation from their partners or if their partners died.
In Zanzibar women 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. The Committee of the UN
Convention on the Rights of the Child reported in August that only six
of every 100 Tanzanian children have birth certificates. Births are
supposed to be registered within three months. After that parents must
pay a small fee for registration. To encourage registration, children
enrolling in preschool must present a registration certificate.
However, 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 for all children; however,
there were inadequate numbers of schools, teachers, books, and other
educational materials to meet the demand.
During the year fees continued to be charged for school enrollment
beginning in form one, the equivalent of the first year of high school.
As a result, many children did not have access to a complete secondary
education. The responsibility to pay for books, uniforms, and school
lunches fell primarily to parents.
Girls represented roughly half of all those enrolled in primary
school but were absent more often due to household duties. Overall
school completion rates were the same for boys and girls: 56 percent
for primary school and 33 percent for secondary.
There continued to be reports of teachers raping students during
the year. In February John Donart, a teacher in the Bagamoyo District
of the Coastal Region, was charged with raping a 14-year-old girl. At
year's end he was on bail pending a hearing.
The law prohibits FGM; however, it continued to be practiced by
some tribes and families. Statutory penalties for FGM on girls under 18
ranged from five to 15 years' imprisonment, a fine, or both, but those
who conducted the illegal procedure were rarely prosecuted. The law
also provides for the payment of compensation by the perpetrator to the
person against whom the offense was committed.
The law provides that anyone who has custody, charge, or care of a
girl under 18 and who causes her to undergo FGM commits the offense of
cruelty to children. The penalty for such an offense is imprisonment of
up to 15 years and/or a fine of Tanzanian shillings 300,000 ($220).
According to 2005 data, the Ministry of Health estimated that 5 to
15 percent of women and girls underwent FGM; their average age was less
than 10 years old 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 other parts of the country, less than 5
percent of the population practiced 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.
On June 15, a local government officer in Singida stated that 254
out of 1,046 women in Manyoni District of the Singida Region who
delivered in health clinics were circumcised.
In June 2008 it was reported that infants below one year of age in
Makiungu village, Singida Region, were subjected to FGM by their
mothers, unlike in the past when the procedure was performed by
traditional healers called ``ngaribas.'' AFNET, an NGO dealing with
women's rights, reported that 47 out of 59 infants and girls up to age
five who attended a village clinic in Singida Region had undergone FGM.
There were no reports of prosecutions related to FGM during the
year. Enforcement of the anti-FGM law was difficult for a number of
reasons: many police officers and communities were not aware of the
law, victims were often reluctant to testify, and some witnesses feared
reprisals from supporters of FGM. Corruption was also a factor; some
villagers reportedly bribed local leaders not to enforce the law in
order to carry out FGM on their daughters.
The government continued to implement the 2001-15 National Plan of
Action for the Prevention and Eradication of Violence Against Women and
Children. This strategy sought the elimination of FGM by involving both
male and female practitioners and community leaders. Anti-FGM groups
urged parliamentarians and local officials to take a more active role
in enforcing the law.
During the year the government and NGOs continued to make progress
toward eliminating the practice of FGM. In 2008 the government embarked
on an education program for magistrates, police officers, doctors, and
community development experts on FGM. The Anti-Female Genital
Mutilation Network and a coalition of anti-FGM NGOs engaged in
awareness-raising activities and conducted research on FGM. Anti-FGM
groups continued their attempts to educate the ngaribas about the
harmful effects of FGM and to train them for other occupations. The
chairman of the Tanga Regional Committee for Culture and Traditions
reported in July 2008 that incidents of FGM declined during the year in
Mkinga district, Tanga Region, following efforts by local communities
to educate villagers about the long term and ill effects of FGM. In
some areas there were reports of local clinics educating ngaribas on
basic nursing skills to assist with community health education.
Corporal punishment in schools remained a problem. Caning was
supported by a law that allows head teachers to cane a student for a
documented serious offense. Following public outreach by the government
and the media, the practice has begun to decline.
Family law provided for girls as young as 15 to be considered
adults for the purposes of marriage. In order to marry, a girl under 18
was required to obtain the consent of her father, mother, or guardian;
no consent is required for an orphaned girl with no guardian. The
courts also had discretion to allow for marriages of parties who were
14 years old, for example in the case of pregnancy. Additionally, the
law allows Muslim and Hindu girls to marry as young as 12 so long as
the marriage is not consummated until the girl reaches the age of 15.
To circumvent these laws, offenders bribed police or paid a bride price
to the family of the girl to avoid prosecution.
Under the law sexual intercourse with a child under 18 years is
considered rape regardless of consent; however, the law was not
effectively enforced. Child sexual abuse remained a problem. There were
several convictions during the year; most persons convicted for the
sexual abuse of children were given the maximum sentence of 30 years'
imprisonment.
The law criminalizes child pornography and child prostitution;
however, sexual exploitation and trafficking in persons, including
children, were problems. Persons found guilty of such offenses are
subject to a fine ranging from Tanzanian shillings one million ($740)
to 500 million ($370,000) and/or a prison term of one to 20 years.
There were reports that individuals practicing witchcraft killed
children, especially children with albinism, for their body parts. For
example, in October a ten-year-old boy with albinism was killed by
attackers who were trying to remove one of his lower limbs. His body
was buried in concrete to ensure the attackers did not return to steal
his bones. At year's end no one had been charged for the killing.
Infanticide continued to be a problem, especially among poor rural
mothers who believed themselves unable to afford to raise a child.
The number of orphans in the country was estimated at 2.5 million,
most of them orphaned by AIDS. Most orphans were absorbed into other
families. Those who were not absorbed were extremely vulnerable
individuals who received additional support and counseling from the
government and several state-sponsored NGOs. There were significant
numbers of street children in Dar es Salaam and Arusha. Street children
had limited access to health and education services because they lacked
a fixed address and money to purchase medicines, school uniforms, and
books. They were also vulnerable to sexual abuse by older street
children and homeless persons.
Trafficking in Persons.--The comprehensive Antitrafficking in
Persons Act, which came into force during the year, prescribes
punishments from one to 20 years' imprisonment for trafficking related
offenses, depending upon the severity of the crime.
The country is a source, transit, and destination country for men,
women, and especially children trafficked for the purposes of forced
labor and sexual exploitation. Children in low-income families were at
significant risk of being trafficked, especially girls who were often
considered an economic burden on their families. Most victims were
trafficked internally from poor rural areas. Boys were trafficked
within the country to work on farms, in mines, and in the informal
business sector. Girls from rural areas were trafficked to urban
centers and the island of Zanzibar for domestic work. Sexual
exploitation was often reported after young girls were brought into
homes as domestic help.
Small numbers of persons were reportedly trafficked to South
Africa, Saudi Arabia, the United Kingdom, and possibly other European
countries for domestic servitude and sexual exploitation. Indian women
who entered the country legally to work as entertainers in restaurants
and nightclubs were at times exploited as prostitutes after arrival.
Small numbers of Somali and Chinese women were also trafficked into the
country and sexually exploited. There were several reports of Malawian
men being brought in for forced labor in the fishing industry. It was
believed that in tourist areas, such as Zanzibar and Arusha, some girls
who were hired for hotel work, both locally and from India, were later
coerced into prostitution.
During the year the African Network for the Prevention and
Protection against Child Abuse and Neglect reported that Tanzanian
children were being trafficked to Kenya. The organization discovered 17
children working in Kenya and returned three to Tanzania.
Trafficking methods varied. Victims were lured by false promises of
income, opportunity to attend school, and better living conditions,
especially from rural to urban areas. Some trafficking victims left
their homes with assistance from their families; some left on their own
to escape life in rural areas; and some were transported by someone who
offered to help them find city work, legitimate or otherwise. There
were reports that men recruited village girls who had completed primary
school but were not entering secondary school. The men offered the
girls money and employment and promised the girls a better life if they
accompanied them to urban areas; however, these girls ended up in
domestic labor or prostitution. Another method of trafficking involved
low-income parents entrusting children to wealthier relatives or
respected members of the community to care for the child as one of
their own. Some took advantage of this traditional practice and placed
children in abusive or exploitive situations such as domestic servitude
or prostitution. Orphans were particularly vulnerable to trafficking.
Living conditions for trafficking victims were usually grim, with
only the most basic amenities, long working hours, little or no pay,
and missed educational opportunities.
During the year the International Office of Migration (IOM) worked
with seven NGOs to provide assistance to victims and conduct prevention
activities. Approximately 75 percent of trafficking victims who
received counseling were female. Most were between the ages of 12 and
17 years and had been exploited as maids or housekeepers. Between
September 2005 and October, the IOM and its NGO partners assisted 304
victims; during the year 96 victims were provided counseling, medical
screenings, and educational opportunities.
The IOM also provided training to government officials and NGOs in
the Arusha area on victims' assistance in an effort to set up a
systematic referral process. The IOM continued to support awareness
raising activities such as a theater show. Between July and September,
the show visited the eight regions with the highest incidence of human
trafficking.
The IOM also served as the coordinating office for the government's
antitrafficking stakeholders meetings, which included various
ministries, NGOs, UN agencies, and representatives of the international
community.
In February the government transferred responsibility for all
antitrafficking law enforcement efforts from the Anti-Human Trafficking
Unit to the police's Interpol office, which has broad responsibility
for transnational crime.
In December police arrested a man in Tarime on suspicion of
trafficking two children from Kenya. He was charged under the new
antitrafficking law. At year's end the case was pending. The arrest was
the first under the new law.
There were no prosecutions for trafficking during the year;
however, law enforcement, prosecutors, and immigration officials were
trained in the new antitrafficking law and the Ministry of Health and
Social Welfare developed a training manual for health workers who have
direct contact with victims of trafficking.
In March a Rwandan woman who was attempting to traffic a Tanzanian
child to France was convicted under the penal code by authorities in
Mlandizi and paid a fine of Tanzanian shillings 300,000 ($220).
The Ministry of Health and Social Welfare played the lead role in
providing support services to victims but lacked sufficient resources.
Counseling services for victims were inadequate.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with disabilities, but there is no
implementing law to prevent discrimination under this provision.
Persons with physical disabilities were effectively restricted in
employment, education, access to health care, and other state services
by physical barriers and inadequate financial resources. Although the
government mandates access to public buildings, transportation, and
government services for persons with disabilities through several
pieces of legislation, few buildings were accessible. Many buildings
were constructed before this requirement came into force, and no funds
were available for retrofitting existing structures. However, new
public buildings were being built in compliance with the law. The law
mandates that 2 percent of total employment be offered to persons with
disabilities. However, this stipulation was not enforced.
There were three members of parliament with disabilities, appointed
by the ruling party.
The Ministries of Education, Justice, and Labor were responsible
for enforcing the protection of rights of persons with disabilities for
education, legal claims, and labor rights, respectively. The Department
of Social Welfare had responsibility for coordinating matters related
to persons with disabilities.
There were approximately 2.4 million persons with disabilities in
the country. The National Strategy for Economic Growth and Development
provides for social services for the disabled and there have been some
efforts to ensure social services were delivered. Action on Disability
and Development, a UK-based NGO, reported that persons with
disabilities were marginalized and often lived in abject poverty due to
inadequate support mechanisms.
Local NGOs and a federation of NGOs called SHIVYAWATA tried to
highlight the plight of persons with disabilities.
During the year the government started an education initiative to
integrate students with disabilities into mainstream schools in order
to reduce stigma. However, the program lacked adequate resources.
There were reports that students with disabilities dropped out of
schools that lacked adequate facilities. For example, braille paper and
tape recorders were generally not available for blind students. In
August 2008 the NGO Media Network for Disability reported that 317
students with disabilities dropped out of school in Dodoma and Morogoro
regions during that year. The report cited poverty and pregnancies as
the chief reasons for dropping out. In April 2008 the principal of the
Malangani School for the Blind in Rukwa Region claimed that that region
had more than 600 blind children whose parents and guardians prevented
them from attending school because they did not see the benefit of
educating a child with a disability such as blindness.
Indigenous People.--In August international NGOs reported that
local Field Force Units forcibly evicted Maasai pastoralists from their
homes in 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
returned for the remaining months. In 2007, with drought conditions in
some areas, the pastoralists did not migrate as they had. The Field
Force Units allegedly forcibly removed the Maasai and burned their
homes and crops when they refused to move at the start of hunting
season. Police allegedly arrested and sentenced without due process
pastoralists who refused to move. The government denied these
allegations, claiming those evicted were Kenyans and criticized NGOs
for exploiting and exaggerating the situation. In mid-September CHRAGG
sent a team to investigate the alleged human rights abuses, but its
report was pending at year's end (see section 1.c.).
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexuality is illegal. The
penal code makes it an offense punishable by up to five years in prison
to have carnal knowledge of any person of the same sex. The law in
Zanzibar establishes a penalty of up to 25 years' imprisonment for men
who engage in homosexual relationships and seven years for women in
lesbian relationships. There were no reports that anyone was punished
under the law during the year. However, gays and lesbians faced
societal discrimination.
In July a group of NGOs, including Global Rights, International Gay
and Lesbian Human Rights Commission, and the Centre for Human Rights
Promotion, submitted a ``shadow'' report to the UNHRC detailing the
legal and societal discrimination faced by gays, lesbians, and
transgendered persons. The report stated that the laws against
homosexuality interfere with an individual's right to privacy and
encourage the stigmatization of gays, lesbians, and transgendered
persons. The groups called on the government to amend the penal code,
which makes homosexuality a criminal offence.
In early October NGOs alleged that the arrest in Dar es Salaam of
39 individuals on prostitution charges was motivated by sexual
orientation. Police made the arrests reportedly after receiving
complaints from residents about prostituted persons in their
neighborhood. However, NGOs indicated that residents were upset that
members of two local gay and lesbian organizations were meeting in
their neighborhood. At year's end the case was pending.
Other Societal Violence or and 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. At year's end,
however, there were no regulations to guide the implementation of this
law. Although several governmental and nongovernmental organizations,
including the Tanzania Parliamentarians' AIDS Coalition, addressed
discrimination against persons infected with HIV/AIDS, and several such
organizations felt that society was more accepting, problems persisted.
According to the 2007/08 HIV/AIDS and Malaria Indicator Survey, there
had been little change in attitudes towards persons living with HIV/
AIDS since the last 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. During the year these groups drafted a stigma
and discrimination strategy which was under review at year's end.
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 are 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
exerts significant power over trade unions, including the right to
deregister unions if overlap exists within an enterprise. Unions must
submit financial records and a membership list to the registrar
annually. The registrar can suspend a trade union if it determines that
the union violated the law or endangered public security. Association
with an international trade union requires government approval.
As of 2005 (the most recent data available), approximately 27
percent of the formal sector work force were members of the Trade Union
Congress of Tanzania, the sole labor federation. In the agricultural
sector, the country's single largest employer, an estimated 5 to 8
percent of the work force was unionized.
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 October 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 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 and teachers began receiving their payments.
A lawful strike or lockout is protected and does not constitute a
breach of contract, nor can it be considered a criminal offense. An
employer may not terminate the employment of an employee for
participating in a lawful strike or terminate an employee who accedes
to the demands of an employer during a lockout.
The law restricts the right to strike when to do so would endanger
the life and health of the population. Workers in certain sectors
(water and sanitation, electricity, health services and associated
laboratory services, firefighting, air traffic control, civil aviation
telecommunications, and any transport services required for the
provisions of these services) are restricted from striking. Workers in
other sectors may also be subject to this limitation.
The labor law in Zanzibar applies only to private sector workers.
Zanzibar government workers do not have the right to strike. They are
not allowed to join mainland-based labor unions. The Zanzibar labor law
requires a union with 50 or more members to be registered and sets
literacy standards for trade union officers. An estimated 40 percent of
the Zanzibar workforce is unionized. In collaboration with the
International Labor Organization (ILO), the Zanzibar government worked
to redraft its labor laws during the year but legislation had not been
finalized by 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 sets wages administratively, including for
employees of state-owned organizations.
On the mainland disputes are regulated and resolved by mediation
through the Commission for Mediation and Arbitration. If the mediator
fails to resolve a dispute within 30 days of referral, or any longer
period agreed upon in writing by both parties, either party to the
dispute may give notice of its intention to commence a strike or
lockout. If the mediation fails to resolve the complaint, the
Commission for Mediation and Arbitration may appoint an arbitrator to
decide the dispute, or it may be referred to the labor court.
In practice many private sector employers adopted antiunion
policies or tactics. On the mainland the law prohibits discriminatory
activities by an employer against union members; however, in August 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 requires employers found guilty of antiunion activities to
reinstate workers.
On the mainland there are 23 export processing zones (EPZs); seven
of them are developer licensees and the rest are operator licensees. In
Zanzibar there are three free economic zones, which are treated as
EPZs. There are no special laws or exemptions from regular labor laws
in EPZs.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices, especially by 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. The
IOM 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 the prison so that the prison can be more
self-sufficient. Prisoners were also used as labor on projects outside
of the prison, such as road repair and government construction
projects.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the exploitation of children in the workplace. Under the
law the minimum age for contractual employment is 14. Children may 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 may be hazardous.
The law establishes criminal penalties for employers of child labor
as well as forced labor; violators can be fined an amount not exceeding
Tanzanian shillings 4,680,000 ($3,500), 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 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 also widespread in Zanzibar; children were used in
fishing, clove picking, domestic labor, small businesses such as
selling cakes, and commercial sexual exploitation near tourist
attractions.
On April 23, Rahma Mshangama, the principal secretary in the
Zanzibar Ministry of Employment, Youth, Women, and Children, reported
that 2,000 children were rescued from child labor in the fishing and
seaweed farming industries on the islands between 2007 and 2009. 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. The ministry continued
conducting seminars on child labor in different parts of the country.
Several government ministries, including the Ministry of Labor,
Employment, and Youth Development, have special child labor units.
The government took a number of steps to decrease 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. 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.
The government revised the Child Development Policy to include
prohibitions against the worst forms of child labor and conducted
outreach to educate citizens about the policy.
The national intersectoral committee on child labor within the
Office of the Prime Minister, which includes representatives from
several ministries and the NGO community, met in February and again in
September. 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 Tanzanian shillings 7,000,000 ($5,200) for child labor related
activities during the year.
e. Acceptable Conditions of Work.--New minimum wage standards took
effect in January 2008. Divided into eight employment sectors, the
lowest minimum wage was Tanzanian shillings 65,000 ($50) per month for
hotel workers and the highest, Tanzanian shillings 350,000 ($260) per
month for workers in the mineral sector. These monthly wages were above
the poverty line of Tanzanian shillings 13,998 ($11) per month per
person established by the 2006/07 Household Budget Survey.
Implementation proved difficult for some businesses, which complained
that they would have to raise salaries more than 100 percent. The labor
laws cover all workers.
There were reports that some employers offered only short-term
contracts of three to six months to avoid the salary and benefit
requirements. During the year 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 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. There were no reported incidents
during the year. Disputes are generally resolved through the Commission
for Mediation and Arbitration. There were no exceptions for foreign or
migrant workers.
__________
TOGO
Togo, with a population of 6.3 million, is a republic governed by
President Faure Gnassingbe, who was declared president in 2005 in an
election marred by severe irregularities. President Faure Gnassingbe
replaced his father, former president Gnassingbe Eyadema, who died in
2005 after 38 years in power. Eyadema and his party, Rally of the
Togolese People (RPT), strongly backed by the armed forces, dominated
politics and maintained firm control over all levels of the highly
centralized government until his death. In 2007 the Independent
National Electoral Commission (CENI) organized generally free and fair
legislative elections for the 81 seats in the National Assembly. All
major opposition parties participated in the elections, and the
opposition won a total of 31 seats. While civilian authorities
generally maintained effective control of the security forces, there
were instances in which elements of the security forces acted
independently.
The human rights situation in the country improved; however,
serious human rights problems continued, including the following:
partial inability of citizens to change their government; abuse of
detainees; official impunity; harsh and life-threatening prison
conditions; arbitrary arrests and detention; lengthy pretrial
detention; executive influence over the judiciary; infringement of
citizens' privacy rights; restrictions on the press; restrictions on
freedom of assembly and movement; corruption; female genital mutilation
(FGM); discrimination and violence against women; regional and ethnic
favoritism; trafficking in persons, especially children; child labor,
including forced child labor; and lack of workers' rights in export
processing zones.
RESPECT FOR HUMAN 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 death of a former government
minister found dead on a beach in Lome. The case officially stands as a
drug overdose despite a contrary finding by a coroner from the
international nongovernmental organization (NGO) Physicians for Human
Rights.
Despite promises to investigate, by year's end the government had
not released a report on the 2007 killing of a soldier guarding the
national radio station, Radio Lome.
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, they
continued to occur. In January a UN special rapporteur noted the
government's commitment to combat torture. However, during his visits
to police and gendarmerie stations, he found evidence of abuse by law
enforcement officials during interrogation of detainees and beatings by
prison guards. He also observed that young persons and children were at
risk of corporal punishment while in detention.
Unlike in the previous year, the international NGO Amnesty
International (AI) reported no cases of torture of detainees. However,
abuse and mistreatment of prisoners continued. Impunity remained a
problem, and the government did not publicly prosecute officials for
such abuses.
In August during a joint mission by the UN and African Union
special rapporteurs on human rights defenders, the rapporteurs noted
that the number of attacks and acts of intimidation against human
rights defenders had decreased; however, they expressed concern about
the stigmatization of the defenders and impunity for violations against
them.
According to AI no progress was reported in resolving complaints
lodged by victims of electoral violence in 2005.
Unlike in the previous year, there were no reports of security
forces raping prostitutes.
Prison and Detention Center Conditions.--Prison conditions remained
harsh, with serious overcrowding, poor sanitation, and unhealthy food.
In April the media reported that prisoners were dying of hunger and
received typically one meal a day worth 150 CFA francs ($0.33) because
the prison system did not have adequate funds. Medical facilities were
inadequate, and disease and drug abuse were widespread. Sick prisoners
reportedly had to pay 1,500 CFA francs ($3.30) to guards before being
allowed to visit the infirmary. There were reports that prison
officials sometimes withheld medical treatment from prisoners. Lawyers
and journalists reported that prison guards charged prisoners a small
fee to shower, use the toilet, or have a place to sleep. Local press
reported that prison guards sexually harassed female prisoners.
While there were no official statistics on the number of prison
deaths, the warden of the Central Prison of Lome confirmed two deaths
during the year.
At year's end the expanded Central Prison of Lome, which normally
accommodated 666, held 1,759 prisoners, including 59 women and 25
juveniles. The infants of convicted women were incarcerated with their
mothers when they refused to allow the infants to stay with extended
family. Pretrial detainees were not held separately from convicted
prisoners.
Local NGOs accredited by the Ministry of Justice could visit the
prisons any time, although the process of acquiring an accreditation
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.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the government did
not always respect these prohibitions.
Role of the Police and Security Apparatus.--The security forces
consist of the army, navy, air force, national security service
(including the national police and investigation bureau), and the
gendarmerie. The police are under the direction of the Ministry of
Security, which reports to the prime minister. The Ministry of Defense,
which reports directly to the president, oversees the military. The
Ministry of Security oversees the gendarmerie. Police and gendarmes are
responsible for law enforcement and maintenance of order. The army is
in charge of external security. In 2008 approximately 80 percent of the
army's officers and soldiers were from the previous and current
presidents' ethnic group, the Kabye, which constitutes approximately 23
percent of the population.
Police generally were ineffective and corrupt, and impunity was a
problem. Police often failed to respond to societal violence. The
government in general did not investigate or punish effectively those
who committed abuses, nor did it prosecute persons responsible in
previous years for unlawful killings and disappearances. No progress
was made in examining complaints from more than 100 victims of human
rights abuses committed during the 2005 presidential election. In 2007
the victims were asked to pay 25,000 CFA francs ($50) 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.
In October 2008 the military trained approximately 40 senior and
junior officers and subordinates under the theme ``the role of the
armed forces in the promotion and protection of human rights.''
There were no developments in the 2007 random beating of civilians
by newly recruited police agents in Lome.
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. On December 11, the government announced the
creation of a fund of CFA 250 million ($550,000) to provide legal
services for the indigent.
On April 15, Kpatcha Gnassingbe, a member of the national assembly
and half brother to President Faure, and 32 others, were arrested on
charges of coup plotting. The ICRC and other human rights organizations
were allowed access to the detainees. Attorneys representing Kpatcha
claimed that due process was not followed, a charge denied by the
minister of human rights, who stated that Kpatcha had declined legal
representation, even though his wife had hired two attorneys. Public
opinion and media reporting focused primarily on Kpatcha's status; that
of the other detainees was largely ignored. All 33 remained in custody
at year's end.
On April 24, the Togolese League of Human Rights stated that an
unknown number of persons were arrested for outstanding debts and
detained in gendarmeries and police stations for more than 48 hours.
Arrests for failure to pay debt are not lawful.
A number of persons detained in 2005 in connection with election-
related violence continued to be held without trial in the Central
Prison of Lome, including suspected critics of the government, although
the government continued to claim that there were no political
prisoners. An accurate count of the detainees was not available.
A shortage of judges and other qualified personnel, as well as
official inaction, resulted in lengthy pretrial detention--in some
cases several years--and confinement of prisoners for periods exceeding
the time they would have served if tried and convicted. Almost 80
percent of inmates were pretrial detainees.
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
President Gnassingbe's party, the RPT. Judges who belonged to the pro-
RPT APMT reportedly received the most prestigious assignments, while
judges who advocated an independent judiciary and belonged to the ANM
or SMT often were assigned to second-tier positions. For example, the
president of the Constitutional Court was the founder and leader of the
APMT; in Lome, the presidents of the Supreme Court, Court of Appeals,
and Court of First Instance were members of the APMT as were the public
prosecutor and the attorney general. In Kara, the president of the
Court of Appeals and the president of the Court of First Instance were
members of the APMT.
The Constitutional Court is the highest court for constitutional
issues while the Supreme Court is the highest court for civil judicial
cases. The civil judiciary system includes the Supreme Court, appeals
courts, and courts of first instance. A military tribunal exists for
crimes committed by security forces; its proceedings were closed. The
military court cannot try civilians 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. Defendants have the right to access
government-held evidence relevant to their cases, but in practice were
denied that right.
The law extends these rights to all citizens; however, 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 can take their cases to the regular court system,
which is the starting point for cases in urban areas.
Political Prisoners and Detainees.--The government denied the
existence of political detainees; however, six persons arrested after
the 2005 election and affiliated with the opposition reportedly were
being held in a prison near Kara, an area of strong RPT support. AI
reported that dozens of persons were in detention following the
election. Security forces sometimes moved political detainees to
informal detention centers under the control of the military or RPT
militia. Because the government did not acknowledge any political
detainees, it did not permit any organizations to have access to them.
Civil Judicial Procedures and Remedies.--Both the constitution and
the law provide for civil and administrative remedies for wrongdoing,
but the judiciary did not respect such provisions, and most citizens
were unaware of them.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice. In
criminal cases a judge or senior police official may authorize searches
of private residences; in political and national security cases,
security forces need no prior authorization.
Citizens believed that the government monitored telephones and
correspondence, although such surveillance was not confirmed.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the government
continued to restrict these rights. During the year the government at
times interfered with radio stations. Journalists and radio and
television broadcasters practiced self-censorship.
Although the government did not officially censor individual
expression, most persons practiced self-censorship because of past
violent reprisals by government agents.
There was a lively independent press, most of which was heavily
politicized, and some of which was highly critical of the government.
More than 25 privately owned newspapers were published with some
regularity. The only daily newspaper, Togo-Presse, was owned and
controlled by the government. The official media heavily slanted their
content in favor of the government.
Radio remained the most important medium of mass communication.
Some private radio stations broadcast domestic news.
International media were allowed to operate freely.
The government-owned Togo Television was the only major television
station. Eight smaller television stations operated during the year--
four covering sports or religion, two private political stations, and
two independent stations--but broadcast only to limited geographic
areas. TV7, an independent station, also carried weekly political
debates through the program Seven on Seven, a political forum in which
governing and opposition party leaders, human rights organizations, and
other observers participated in discussions of political issues and
expressed either criticism of or support for the government. La Chaine
du Futur, a private station established in 2008 and similar to TV7,
reported positively on the ruling government.
The constitution established the High Authority of Audiovisuals and
Communications (HAAC) to provide for freedom of the press, ensure
ethical standards, and allocate frequencies to private television and
radio stations. Although nominally independent, in practice the HAAC
operated as an arm of the government.
In January Radio Victoire was pulled off the air for failing to
comply with the HAAC's instruction to ban a foreign journalist from
participating in a radio discussion on a sports program which
criticized the Togolese Confederation of Football.
In February Daniel Lawson-Drackey, a journalist with Nana FM radio,
was indefinitely suspended from the air by the HAAC after making
comments critical of the authorities. The National Commission on Human
Rights ruled that this decision violated the right to information and
the right to press freedom. Lawson-Drackey was working for Nana FM at
year's end, although one of his programs criticizing the government
remained suspended.
In July the HAAC suspended the interactive program of Radio
Lumiere, a station in Aneho, southern Togo. The radio station allowed
callers to comment freely on the Kpatcha affair.
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 5 percent of the country's inhabitants 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 informer
system continued to exist, and undercover gendarmes attended classes.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the government generally restricted this right, although less
than in previous years. On January 9, students of Ecole Nationale des
Auxiliaires Medicaux boycotted their classes to push for improved
working and living conditions. Security forces were deployed to
disperse the protest but no violence occurred. Students returned to
their classes after Minister of Health Komlan Mally intervened.
On January 21, students at the African School for Architecture and
Urban Planning held protests during which security force members
severely beat several protestors. Students returned to their classes
following intervention by President Faure and the minister of technical
and professional training.
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.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
The government recognizes three main faiths as state religions:
Roman Catholicism, Protestantism, and Islam. Other religious groups,
such as animists, The Church of Jesus Christ of Latter Day Saints, and
Jehovah's Witnesses, were required to register as associations.
Official recognition as an association affords a group the same rights
as the state religions.
Societal Abuses and Discrimination.--The Jewish community was very
small, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the government restricted some of these rights
in practice. Checkpoints with armed security personnel and arbitrary
searches of vehicles and individuals were common. Security forces
frequently demanded bribes, which impeded freedom of movement. Although
the government reduced the number of official checkpoints to four
countrywide, there were many unofficial checkpoints where security
forces solicited bribes.
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. However, several opposition and human rights workers
remained in self-imposed exile because they feared arrest.
According to the UNHCR, approximately 3,000 Togolese refugees
remained in Benin, and the number of Togolese refugees in Ghana was
unknown. They received assistance from the UNHCR, which facilitated
repatriation for those wishing to return to Togo and local integration
for refugees who would not or could not return.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. Its laws do not provide for the granting of asylum or refugee
status in accordance with the 1951 Convention, 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 facilitated local integration for remaining Ghanaian
refugees. 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 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 partially
through legislative elections in 2007 declared to be generally free and
fair by the international community. However, the national assembly
exercised no real oversight of the executive branch of the government.
In 2005 Faure Gnassingbe was declared president in an election
characterized by international observers as marred by severe
irregularities and violence, including the deaths of an estimated 500
persons.
After the 2007 elections, the national assembly comprised three
political parties, although cabinet members were drawn largely from the
party of the president. The government remained highly centralized. The
national government appoints officials and controls the budgets of
government entities at all levels, including prefectures and
municipalities, and influences the selection of traditional chiefs.
Elections and Political Participation.--In 2007 citizens voted to
elect the 81 members of the national assembly in 31 electoral
districts, choosing from 2,000 candidates who ran on 395 party lists.
International and national observers monitored the elections and
declared them to be generally free, fair, transparent, and peaceful.
The CENI later announced that the ruling RPT had won 50 seats, the
Union of Forces for a Change (UFC) 27 seats, and the Action Committee
for Renewal (CAR) four seats. The Constitutional Court, which is the
final arbiter of all electoral issues, concurred and issued definitive
results on October 30.
A new government was appointed in September 2008 after the
resignation of Prime Minister Komlan Mally following the completion of
his mandate.
Political parties are required to provide a 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.
In August 2008 the government prohibited two opposition
parliamentarians from leaving the country because they did not notify
the president of the national assembly of their travel plans.
There were nine female members of the national assembly and four
female ministers in the 28-member cabinet.
Members of the southern ethnic groups remained underrepresented in
both the government and military.
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
April 2008 government's interim poverty reduction strategy paper noted
that corruption and lack of transparency in the management of public
funds was a problem throughout the government. According to the World
Banks Worldwide Governance Indicators for 2008, government corruption
was a severe problem.
Corruption was common among prison officials, police officials, and
members of the judiciary (see sections 1.c., 1.d., 1.e., and 2.d.).
There were no further developments in the 2007 corruption
allegations levied by the Anti-Corruption Committee against the
director general of the Social Security Agency, who remained in his
position at year's end.
The constitution provides for the creation of a court of accounts
to oversee public expenditures. The court was established on September
24 and is an independent entity with an autonomous budget.
Officials were not subject to financial disclosure laws.
Although the press code provides for public access to government
information, the government did not permit access for either citizens
or noncitizens, including foreign media. Reasons for denial were not
given.
Section 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 were cooperative but typically were not responsive to NGO
recommendations.
There were several domestic private human rights groups, including
the Togolese League of Human Rights, the Center for Observation and
Promotion of the Rule of Law, and the Togolese Association for the
Defense and Protection of Human Rights. Years of government threats and
intimidation of human rights leaders, combined with a lack of results
from human rights initiatives, have led some human rights groups to
become inactive.
The government 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 and
was not independent of the government.
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 anyone found guilty of the crime. The prison term
is 20 years if the victim is a child under 14, is gang-raped, or if the
rape results in pregnancy, disease, or incapacitation lasting more than
six weeks. The law does not specifically outlaw spousal rape. Although
the government was diligent in investigating and prosecuting reports of
rape, victims were reluctant to report it because of the social stigma
associated with being raped. Rape was thought to be a widespread
problem throughout the country. During the year 24 persons were
arrested for rape. At year's end all were in prison, some awaiting
trial and others awaiting convictions to be formalized.
The law does not specifically prohibit domestic violence, and
domestic violence against women continued to be a widespread problem.
According to a local NGO, 614 women in Lome reported being victims of
domestic violence in 2008. Police generally did not intervene in
abusive situations, and women were not made 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 combating the problem and making women aware of their rights.
The law prohibits prostitution, including operating a brothel, and
provides for fines of up to one million CFA francs ($2,200) for brothel
owners and panderers. Prostitution in Lome was fairly widespread. In
2008 several prostituted women in Lome reported that they had to bribe
security forces or offer sex to pass through certain parts of town and
that failure to do so often resulted in rape; however, there were no
such reports during the year.
A presidential decree, issued in 1984, prohibits sexual harassment
and specifically mentions harassment of female students; however,
authorities did not enforce the decree. While the law states that
harassment is illegal and can be taken to court, no definitive
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 the
inhabitants used these measures. The government did not provide free
childbirth services, and the lack of sufficient doctors meant most
women used midwives for childbirth as well as for pre- and postnatal
care, unless the mother or child suffered serious health complications.
Men and women of heterosexual orientation 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. Men of homosexual orientation did not receive equal
access to these services.
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
applies to the vast majority of women. A husband legally can restrict
his wife's freedom to work or control her earnings. In urban areas
women and girls dominated market activities and commerce; however,
harsh economic conditions in rural areas, where most of the population
lived, left women with little time for activities other than domestic
tasks and agricultural fieldwork. The labor code requires equal pay for
equal work, regardless of gender, but this provision generally was
observed only in the formal sector. There are no restrictions on women
owning property. Under traditional law a wife has no maintenance or
child support rights in the event of divorce or separation and no
inheritance rights upon the death of her husband. 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.
As in the previous years, the Ministry of Social Affairs, Promotion
of Women, and Protection of Children and the Elderly, along with
independent women's groups and concerned NGOs, continued to campaign to
inform women of their rights.
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.
The government provided education in state schools, and school
attendance is compulsory for both boys and girls until the age of 15.
In October 2008 the government announced that tuition for public
nursery schools and primary schools would be free. According to the UN
Children's Fund (UNICEF), although 92 percent of boys and 85 percent of
girls started primary school, only an estimated 58 percent of boys and
41 percent of girls finished primary school. For secondary school, the
net enrollment was 34 percent for boys and 12 percent for girls, but
only 19 percent of boys and 9 percent of girls completed secondary
school.
Child abuse was a widespread problem. Although the law explicitly
prohibits sexual exploitation of children and child prostitution, the
law was not effectively enforced. The government continued to work with
local NGOs on public awareness campaigns to prevent exploitation of
children.
The law prohibits FGM; however, according to UNICEF, FGM continued
to be perpetrated on approximately 6 percent of girls, mostly in rural
areas. It was believed the practice had decreased significantly in
urban, but not rural, 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 range from two
months to five years in prison as well as substantial fines. However,
the law rarely was applied because most FGM cases occurred in rural
areas where awareness of rights was limited. Traditional customs often
took precedence over the legal system among certain ethnic groups. The
government continued to sponsor seminars to educate and campaign
against FGM. Several NGOs, with international assistance, organized
campaigns to educate women of their rights and 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, broadcasts a weekly program for children titled ``Children
Also Have Rights.''
During the year the government established a toll-free line for
persons to report cases of child abuse and seek help. The line provides
free information on the rights of the child and legal procedure. 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 during the year of hundreds of children were released
from service as assistants to traditional healers. During the year the
International Labor Organization launched a program to raise awareness
and rescue children from trafficking and 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.
Trafficking in Persons.--The law prohibits trafficking in children
but not adults. The country remained a country of origin, transit, and
destination for trafficked persons, primarily women and children.
Trafficking occurred throughout the country at both official points of
entry and covertly at unrecognized, unmonitored border crossing points.
The majority of trafficking victims were children from the poorest
rural areas, particularly those of Kotocoli, Tchamba, Ewe, Kabye, and
Akposso ethnicity and mainly from the Maritime, Plateau, and Central
regions. More young girls than boys were victims of trafficking.
Trafficking in women for the purposes of prostitution or forced labor
as domestic servants were problems.
Most trafficking occurred internally, with children trafficked from
rural areas to cities, primarily Lome, to work as domestics, produce
porters, or roadside sellers. However, according to the UN Office on
Drugs and Crime (UNODC), Togolese children represented 30 percent of
internationally trafficked victims recorded in eight West African
countries. Children were trafficked to Benin for indentured servitude
and to Cote d'Ivoire and Ghana for domestic servitude, which amounted
at times to slavery. Boys were trafficked for agricultural work to Cote
dIvoire, Nigeria, and Benin, and to Gabon for domestic servitude and
street labor. They were fed poorly, clothed crudely, cared for
inadequately, given drugs to work longer hours, and not educated or
permitted to learn a trade. There were reports that young girls were
trafficked to Nigeria for prostitution.
The country also was a transit point for children trafficked from
Burkina Faso, Ghana, Cote d'Ivoire, and Nigeria. There were credible
reports that Nigerian women and children were trafficked through the
country to Europe (particularly Italy and the Netherlands) for the
purpose of prostitution. Victims were trafficked elsewhere in West
Africa and to Central Africa, particularly Cote d'Ivoire, Nigeria, and
Gabon; to Europe, primarily France and Germany; and to the Middle East,
including Lebanon and Saudi Arabia.
Traffickers were believed to be men and women of Togolese,
Beninese, and Nigerian nationalities. Adult victims usually were lured
with phony job offers. Children often were trafficked abroad by parents
misled by false information. Sometimes parents sold their children to
traffickers for 10,000 CFA francs ($22) or for commodities such as
bicycles, radios, or clothing and signed parental authorizations
transferring their children to the custody of the trafficker.
Traffickers are penalized with sentences of five to 10 years in
prison and fines of five to 10 million CFA francs ($11,000 to $22,000).
The 2005 Law for the Repression of Child Trafficking provides for
prison sentences and fines for anyone who recruits, transports, hosts,
or receives trafficked children, as well as prison sentences for
parents who willingly facilitate the trafficking of their children. The
law provides for prison sentences from three months to 10 years and
fines ranging from one to 10 million CFA francs ($2,200 to $22,000) for
traffickers of children or their accomplices. Anyone who assists or
provides information, arms, or transportation to facilitate the
trafficking is considered an accomplice.
The government had little or no funding to investigate traffickers.
Police had limited success in intercepting victims of trafficking, and
prosecution of traffickers was rare. Detained traffickers often paid a
bribe to secure their release. During the year 13 traffickers were
arrested; at year's end, 10 were in prison awaiting their sentences.
The remaining three were on parole but had to report to court
regularly.
Four of the 10 traffickers arrested in 2008 were released following
their trial; the remaining six were in prison at year's end.
The government, along with international and local NGOs and some
diplomatic missions, continued to train judges, security forces, and
local volunteer committees on the 2005 antitrafficking law and other
existing texts.
The National Committee for the Reception and Social Reinsertion of
Trafficked Children is the focal point for statistics on child
trafficking and is represented in each prefecture. The committee worked
with local officials to reintegrate returned trafficking victims, and
during 2008 assisted in the repatriation of 67 trafficked children.
Most of these children were integrated into their communities.
The government provided only limited assistance for victims,
primarily because of a lack of resources. The NGO Terre des Hommes
assisted recovered children until their parents or other next of kin
could be notified. Assistance was also available from the government-
funded Social Center for Abandoned Children. The center sends recovered
children to school or finds apprenticeships for them. CARE
International-Togo worked with NGOs including Terre des Hommes, La
Colombe, The Network to Fight against the Trafficking of Children
(RELUTET), and Ahuefaon on reintegration of trafficked children,
awareness campaigns for parents and communities, keeping children in
school, and supporting women's income-generating activities.
Government agencies involved in antitrafficking efforts included
the Ministry of Social Affairs, Promotion of Women, and Protection of
Children and the Elderly; the Ministry of Health; the Ministry of
Security; the Ministry of Justice; the Ministry of Labor, Employment,
and Social Security; and the security forces (especially police, army,
and customs units). The government cooperated with NGOs and the
governments of Ghana, Benin, and Nigeria under a quadripartite law
allowing for expedited extradition among those countries. In May UNODC
and the government conducted a seven-day trafficking in persons
awareness campaign in several regions of the country.
During the year the government created observation groups in each
state called the Regional Committees for the Promotion of Children's
Rights. These groups act as informants of any suspicious activities in
terms of children's displacement.
In 2008 local officials, especially the Ministry of Social Affairs,
Promotion of Women, and Protection of Children and the Elderly, worked
closely with numerous NGOs, including Plan Togo, the World Association
for Orphans-Afrique, CARE International-Togo, and Terre des Hommes, to
conduct public awareness campaigns and training workshops for lawyers,
journalists, judges, NGO representatives, and security personnel. The
International Labor Organization (ILO) and UNICEF assisted the
government in organizing and training regional and local committees and
in sensitizing and educating parents on the dangers of child
trafficking and labor throughout the country.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip
Persons With Disabilities.--A law enacted in 2005 prohibits
discrimination against persons with disabilities in employment,
education, access to health care, or in the provision of other state
services, but the government did not effectively enforce these
provisions. There was no overt government discrimination against
persons with disabilities, and some held government positions, but
societal discrimination against persons with disabilities was a
problem. The government does not mandate accessibility to public or
private facilities for persons with disabilities, although some public
buildings have ramps. While the law nominally obliged 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, Women's Promotion, and the Protection of Children and the
Elderly, 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 and especially
the security forces of members of the former and current presidents'
Kabye and other northern groups, were sources of political tension.
Political parties tended to have readily identifiable ethnic and
regional bases: the RPT party was more represented among northern
ethnic groups than among southern groups; the reverse was true of the
UFC and CAR opposition parties.
In addition, due to the congruence of political divisions and
ethnic and regional divisions, human rights abuses motivated by
politics at times had ethnic and regional overtones.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual conduct is illegal
but the law was rarely enforced. The penal code provides that a person
who engages in a homosexual act may be punished by one to three years
imprisonment and fined 100,000 to 500,000 CFA francs ($220 to $1,100).
There was societal discrimination based on sexual orientation.
Other Societal Violence or Discrimination.--A 2005 law prohibits
discrimination against persons infected with HIV/AIDS. The government
sponsored broadcasts aimed at dissuading discrimination. However,
persons infected with HIV/AIDS continued to face significant societal
discrimination.
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, although the latter must
ensure minimal services. The 2006 labor code prohibits retribution
against strikers by employers. However, in December some culinary
employees at the Sarakawa Hotel went on a 48-hour strike demanding
year-end bonuses. The strike ended when management agreed to their
demands.
There were no further developments in the case of the nine striking
workers who were fired in July 2008.
b. The Right to Organize and Bargain Collectively.--The
constitution and the labor code nominally provide workers the right to
organize and bargain collectively; however, the government limited
collective bargaining to producing a single nationwide agreement that
had to be negotiated and endorsed by representatives of the government,
labor unions, and employers. All formal sector employees were covered
by the collective bargaining agreement that set nationwide wage
standards for all formal sector workers. The government participated in
this process both as a labor-management mediator and as the largest
employer in the formal sector, managing numerous state-owned firms that
monopolized many sectors of the formal economy. Individual groups in
the formal sector could attempt to negotiate agreements more favorable
to labor through sector-specific or firm-specific collective
bargaining, but this option was rarely used.
The Ministry of Labor, 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. Workers in the EPZs were prevented from exercising freedom of
association, because unions did not have free access to EPZs or the
freedom to organize workers there.
c. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children; however,
such practices occurred. Children sometimes were subjected to forced
labor, primarily as domestic servants, porters, and roadside sellers.
Women were trafficked for prostitution or forced labor as domestic
servants.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code prohibits the employment of children under the age of 15 in
any enterprise, prohibits children under age 18 from working at night,
and requires a daily rest period of at least 12 hours for all working
children. However, the government did not effectively enforce child
labor laws, and child labor was a problem. Some children started work
at age five and typically did not attend school for most of the school
year.
Children worked in both rural and urban areas, particularly in
family-based farming and small-scale trading and as domestic servants
and porters. In some cases children worked in factories.
For some types of industrial and technical employment, the minimum
age is 18. Inspectors from the Ministry of Labor, 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 in their families' work. In rural areas, parents sometimes
placed young children into domestic work in other households in
exchange for one-time fees as low as 12,500 to 17,500 CFA francs ($28
to $39).
Children were trafficked into indentured and exploitative
servitude, which amounted at times to slavery.
There were credible reports that Nigerian women and children were
trafficked through the country to Europe, particularly to Italy and the
Netherlands, for the purpose of prostitution.
The Ministry of Social Affairs, Promotion of Women, and Protection
of Children and the Elderly was responsible for enforcing the
prohibition of 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 child
trafficking, child prostitution, child pornography, and the use of
children in armed conflict. Due to limited resources, the enforcement
of child labor laws was weak. The ministry funded a center for
abandoned children and worked with NGOs to combat child trafficking.
The ministry frequently held workshops in collaboration with UNICEF,
the ILO, NGOs, labor unions, and other partners to raise awareness
about child labor in general and forced labor in particular.
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 ($22 to $35) to 28,000 CFA francs ($62). However, the
new wage did not provide a decent standard of living for a worker and
family. Many workers supplemented their incomes through second jobs or
subsistence farming. The Ministry of Labor, 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 dominant 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 Uganda. 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). While civilian authorities generally maintained
effective control of the security forces, elements of the security
forces occasionally acted independently of government authority.
Serious human rights problems in the country included arbitrary and
politically motivated killings; vigilante killings; politically
motivated abductions; 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, association, and
religion; 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
homosexuals; restrictions on labor rights; and forced labor, including
child labor.
The LRA was responsible for killing, raping, and kidnapping
hundreds of persons in the DRC, CAR, and Sudan.
Violent riots erupted in Kampala on September 10 and 11 after the
government imposed travel restrictions on the king of the Buganda
Kingdom. Security forces used tear gas and live ammunition to disperse
demonstrators, resulting in 26 deaths and numerous injuries. More than
1,000 persons were detained, of whom more than 400 were in prison
awaiting trial at year's end. Following the riots the government closed
and suspended the licenses of four radio stations, closed a radio talk
show, and suspended or dismissed journalists to control coverage of the
event.
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 allegedly committed politically motivated killings and were
responsible for arbitrarily killing opposition members, demonstrators,
detainees, and other citizens; some deaths occurred as a result of
torture.
For example, on January 17, security agents in Bukedea District
reportedly tortured to death David Okwi, a member of the opposition
Forum for Democratic Change (FDC), for allegedly possessing a gun. On
February 4, the FDC petitioned the Uganda Human Rights Commission
(UHRC) to investigate Okwi's death. The UHRC was conducting an
investigation into the death at year's end.
Security force use of excessive force resulted in deaths. For
example, on February 22, in Kyenjojo District, police reportedly killed
Mucunguzi Katongole and injured John Mande and Musa Turigye during an
attempt to settle a dispute between residents and owners of a biodiesel
company in Rushambya village, Mpara subcounty. A police investigation
recommended murder charges against special police constable (SPC) Fred
Muhangi, a charge of causing grievous harm against SPCs Silver Mpabaisi
and another officer, and a charge of death by negligence against
assistant police inspector Angela Moses. (SPCs are local residents
appointed and employed on contract to reinforce members of the police
force.) The suspects had not been arrested by year's end; a court
hearing was pending.
On February 28, at Kamengo prison in Mpigi District, prison officer
Paul Ekuma allegedly beat inmate Emmanuel Tindimwebwa with a metal bar.
Tindimwebwa subsequently died from his injuries. On March 1, police in
Mpigi arrested Ekuma, and an investigation was ongoing at year's end.
On March 6, Uganda Peoples Defense Force (UPDF) soldiers Erisma
Maseruka, Wilson Tumwebaze, and Gerald Muhumuza allegedly shot and
killed Joseph Denaya and Cosmas Data during an operation to arrest
smugglers in Koboko District, West Nile Region. The soldiers, who were
arrested, also injured David Bata. A district security intelligence
bureau directed the Uganda Revenue Authority to compensate the victims'
families and forwarded the case to the UPDF Fourth Division for further
investigation.
On August 27, Mukono District SPCs Samuel Ejoku, Joash Hirya,
Francis Okiti, James Wagyenda, and Samuel Mukwaya arrested and
allegedly assaulted Ali Katende. On August 28, a court in Mukono
charged Katende with interfering with police work and remanded him to
prison. Katende, who then allegedly organized a mob in prison to lynch
the SPCs, was found dead in his cell on August 30. Police arrested
Ejoku, Hirya, and Okiti in connection with the killing; Wagyenda and
Mukwaya remained at large. An investigation was ongoing at year's end.
Police use of excessive force, including live ammunition, to
disperse demonstrators, resulted in deaths and injuries.
For example, on February 16, in Nakaseke District, SPC Paul Baita
allegedly shot and killed William Byamugisha and Daniel Tumwine,
students at Kaloke Christian High School, who were demonstrating
against the quality of meals provided at the school. Four other
students were injured and required medical treatment. On March 11, a
court in Nakaseke charged Baita with attempted murder and remanded him
to prison. Police investigations were ongoing at year's end.
On September 10 and 11, violent riots erupted in Kampala after
security forces prevented the king of Buganda from travelling to
Kayunga District, which is traditionally part of the Buganda Kingdom.
The government claimed the travel restrictions were security measures
imposed to prevent violence between Buganda and an ethnic minority that
rejected the kingdom's authority. Rioters burned vehicles, blocked
roads, and looted stores. Police, military, and paramilitary units used
tear gas and live bullets to disperse protesters, resulting in 26
deaths and numerous injuries. Security forces arrested 1,031 persons,
965 of whom were charged with participating in an illegal assembly,
rioting, destroying property, and inciting violence. Of the 965, 31
were also charged with terrorism for burning the Nateete Police
Station, and 66 were released without charge. By year's end 32 persons
had been convicted of rioting.
There were developments in some 2008, 2007, and 2006 security force
killings.
For example, during the year the state attorney exonerated and
released SPC Simon Kirabira, arrested for the January 2008 killing of
Jovina Busulwa and Patrick Maale Sentumbwe. SPC Peter Serukwaya, also
charged in the killings, remained a fugitive at year's end.
Eyewitnesses stated that Busulwa and Sentumbwe were killed when the
SPCs shot indiscriminately into a suspect's home.
On September 17, the High Court in Arua District sentenced police
constable Rashide Nyakuni to 10 years' imprisonment for the December
2008 killing of Stephen Enzabugo. The court acquitted and released
police commander Michael Benedict Ojingo, also charged in the case.
On March 16, a court in Arua District sentenced SPC Yasin Alayi to
three years' imprisonment for manslaughter in the 2007 killing of
Gerald Uroma.
On May 1, the Lira District High Court sentenced to death former
Amuka militia members Alfred Odema and Simon Ojoga for the 2006
killings of 10 persons in the Ogwete camp for internally displaced
persons (IDPs).
There were no developments in the following 2007 cases involving
security force killings: the trial of Peter Ahimbisibwe, who was
charged with the April killing of presidential office official Nelson
Ssendegeya; the May death of Faizal Kirunda from injuries inflicted by
authorities at the Malukhu Prison in eastern Uganda; the October
killing of suspect Ronald Bukyayanga by three Nabbingo SPCs; the
October killing of Rogers Mugenyi by a Kampala traffic police officer;
and the October rape and killing of a woman by UPDF soldier Ochen
Obonyo.
Members of Local Defense Units (LDUs), informal groups of local
citizens who volunteered to provide security, were responsible for
killings during the year. For example, on January 17, in Kabarole
District, LDU member Moses Kabagambe allegedly killed civilian Lauren
Arinaitwe during a night patrol in Rwimi subcounty. Police, who claimed
that Arinaitwe was shot while resisting arrest, arrested Kabagambe and
remanded him to prison. The trial was ongoing at year's end.
During the year LDU members were punished for 2008 killings. For
example, on January 22, the court martial sitting in Kitgum District
sentenced LDU member Kenneth Albino to death by hanging for the July
2008 killing of civilians David Olah, Ismail Okello, and Obina Torit.
The killing occurred in a nightclub following a quarrel over a woman in
Omiya-Nyima IDP camp.
Murusi Katusabe, an LDU member arrested for the April 2007 killing
of two civilians, remained at large.
On June 24, the Kampala High Court sentenced LDU member Ramadhan
Magara to 14 years' imprisonment for manslaughter for the 2006 killing
of two supporters of opposition leader Kizza Besigye in Kampala.
However, on September 3, the court rescinded the sentence and dismissed
the case for lack of evidence. There were no developments in the civil
suit filed by FDC supporter Haruna Byamukama, who was injured during
the 2006 incident.
Ritual killings of children resulted in deaths and injuries (see
section 6).
Mob attacks against criminal suspects resulted in deaths. Witnesses
rarely cooperated with police, making investigation of such incidents
difficult.
For example, on March 22, a mob in Jinja District killed and later
burned two suspected thieves in the village of Kangulumira.
On March 23, a mob in Rukungiri District beat to death John
Manziyabo and his son, Polly Mukamata, for killing Julius Twijukye in a
suspected ritual sacrifice.
Tensions between landlords and tenants resulted in mob violence.
For example, on August 16, in Kayunga District, a mob beat to death and
then burned Sam Kubo after he tried to sell his land despite protests
from tenants. Police in Kayunga arrested 11 persons for suspected
involvement in the incident. An investigation was ongoing at year's
end.
During the year authorities released Musa Mungomaon, arrested for
involvement in the October 2008 burning of four suspected thieves.
Mungomaon reportedly denied involvement and identified other suspects,
who were reportedly on the run at year's end.
There were no developments in other 2008 or 2007 cases of mob
violence. In the Karamoja Region, there were fewer interclan cattle
raids between Karamojong tribes than in previous years; however,
violence in the region continued. According to the UPDF and media
reports, 52 civilians and 10 UPDF soldiers died during the year due to
cattle raids, the UPDF's response to those raids, and the government's
disarmament campaign. The UN Office for the Coordination of
Humanitarian Affairs (OCHA) reported fewer incursions of illegally
armed Karamojong into neighboring districts, a reduction OCHA
attributed to increased police presence and the government's
disarmament program.
There were no reports of LRA attacks within the country during the
year; however, the LRA killed numerous persons in the DRC, CAR, and
Sudan. OCHA reported that between June and July, for example, the LRA
killed 105, abducted 352, and displaced approximately 12,500 civilians
in the DRC.
b. Disappearance.--Politically motivated abductions occurred.
For example, on August 17, members of the opposition FDC Youth
League told police that FDC member Ismail Wagaba was abducted on his
way to attend a press conference at the FDC's headquarters in Kampala.
Wagaba's whereabouts remained unknown until he reappeared in December.
FDC officials reported that they still did not know the whereabouts of
FDC party member Robert Mugyenyi, who disappeared in 2006. Human rights
groups held the government responsible for the disappearances.
In its April 8 ``Open Secret'' report, Human Rights Watch (HRW)
noted that at least six individuals believed to have been detained in
mid-2008 were last seen in Kololo detention facility and have not been
seen since (see section 1.d.).
An investigation into the disappearance and presumed death of
Lutaya Saidi, a street vendor allegedly arrested by the Joint Anti-
terrorism Task Force (JATT) in 2007, was ongoing.
There were no reports of LRA abductions in northern Uganda during
the year; however, an estimated 5,000 of the 40,000 children and young
adults abducted by the LRA in previous years remained unaccounted for,
according to the international nongovernmental organization (NGO) Save
the Children. The LRA continued to abduct children and adults in the
DRC, CAR, and Sudan.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that security forces tortured and beat
suspects, some of whom died as a result (see section 1.a.). Torture
generally occurred in unregistered detention facilities and was
intended to force confessions. From January to June, the African Center
for Treatment and Rehabilitation of Torture Victims registered 116
allegations of torture against the police, 38 against the UPDF, three
against the Chieftaincy of Military Intelligence (CMI), and 11 against
the Violent Crime Crack Unit or Rapid Response Unit (RRU).
In its 2008 annual report, the UHRC reported registering 1,060
human rights complaints against 873 individuals, including 237 UPDF
members, 148 police officers, and 300 private citizens. Of the 1,060
complaints, 30 percent involved allegations of torture or cruel,
inhuman, or degrading treatment and punishment.
There were numerous reports of torture and abuse in the
unregistered detention facilities operated by the JATT and CMI. In its
April 8 report, HRW noted that detainees held in JATT headquarters in
Kololo and at CMI headquarters in Kitante described being ``hit
repeatedly with the butt of a gun, slapped in the head and ears, or
beaten with fists, whips, canes, chairs, and shoes.'' JATT and CMI
personnel ``put detainees into painful stress positions and forced red
chili pepper into eyes, nose, and ears,'' causing excruciating pain.
Some detainees described being shocked with electricity, and many
reported seeing detainees struggling to walk or having to be carried by
fellow detainees to vehicles. One detainee lost his leg due to
infection in a wound caused by a severe beating.
The UHRC, the Foundation for Human Rights Initiative (FHRI), and
other human rights organizations reported incidents of torture by
security forces, including caning, severe beating, stabbing, kicking,
tying of limbs in contorted positions, forced marching, and rape.
Torture victims included political activists and detainees. For
example, Francis Atugonza, the mayor of Hoima and the FDC's trade and
industry secretary, filed charges during the year against the CMI for
alleged illegal detention and torture in a CMI ``safe house'' after he
was arrested in April. Presiding high court justice Yorokamu Bamwine
barred the public from court proceedings, which were ongoing at year's
end. Atogunza was arrested again in December, held for two weeks on
charges of abuse of office, and released; the second case against
Atogunza was also pending at year's end.
During the September 10-12 riots in Kampala, security forces beat
suspects, including women, and went door to door in some neighborhoods,
pulling residents out of their homes to be beaten and arrested,
according to HRW (see sections 1.a. and 1.d.). The UHRC received
complaints from individuals who sustained injuries during the riots.
For example, a petition filed by Ssemukala Ismail alleged that security
force members shot him while he was closing his shop in Nateete,
impairing his left arm. Investigations into the incident were ongoing.
Police use of excessive force during arrests, evictions, and land
disputes resulted in injuries.
For example, in March UPDF Major Otim Demoi Latek allegedly tied up
and seriously beat residents David Obonyo and Walter Okeny over a land
dispute in Gulu town. The army confirmed the incident and stated that
an investigation was ongoing.
On July 11, Soroti District SPCs James Anyou and Olupot Kokas
allegedly shot and injured Jonathan Okello, a resident of Kadungulu
village, during a night patrol. Police arrested the SPCs the following
day, and an investigation was pending at year's end.
On July 20, Nateete corporal Swaleh Swaib and SPC Henry Mukasa
allegedly injured four persons during a forceful land eviction of
tenants from Busega, a Kampala suburb. Swaib and Mukasa were arrested
the same day, and an investigation was ongoing at year's end. On July
31, a court in Kampala charged Swaib and Mukasa with neglect of duty
and released them on bail. Hearing of the case was pending at year's
end
Police use of excessive force to disperse opposition politicians,
religious members, and demonstrators resulted in deaths and injuries
(see sections 1.a. and 2.b.).
There were no developments in the October 2008 shooting in Muzulu
village, Namutamba District, by SPC Eric Kiirya of Masaba Bakari for
defying traffic police directives to stop.
In its April report, HRW documented the 2007 death by torture in
JATT custody of Yasin Tayebwa and Abdu Semugenyi.
On May 20, the UHRC reported to parliament that the government owed
torture and illegal detention victims two billion shillings
($1,030,000) from previous years. The UHRC did not hold any tribunals
during the first half of the year because the president did not appoint
a new chair or members until May. Tribunal hearings began in August.
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 mistreated
their victims (see section 1.a.).
Prison and Detention Center Conditions.--Prison conditions remained
harsh and frequently life threatening. In addition there were reports
that security forces and guards tortured inmates, particularly in
military facilities and unregistered detention facilities. 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 also were among the most overcrowded.
Serious problems in prisons outside of Kampala included long remand
periods, overcrowding, inadequate staff, and lack of food, water,
medical care, and bedding. The FHRI reported a slight improvement in
nutritional provision in prisons in Kampala, Jinja, Bukedea, and
Kamuli.
There were 30,957 prisoners in the prison system in mid-December,
approximately three times the capacity. Severe overcrowding was also a
problem at juvenile detention facilities and in female wings of
prisons. The Kampala remand home, designed for 45 persons, held 122
children. The reception center, designed for 30 prisoners, held 85
juveniles.
Information was unavailable on conditions in unregistered
facilities, which the government denied existed.
Torture, overcrowding, malnutrition, poor sanitation, disease,
overwork, and lack of medical care resulted in 141 prisoner deaths
nationwide, according to the Prisons Service.
During the year prison authorities confirmed that the June 2008
deaths of prisoners Geoffrey Akandwanaho, Fred Mugisha, and Ephraim
Nankunda resulted from strangulation by fellow inmates in Kiruhura
prison; the three inmates suspected of involvement in the strangulation
were transferred to Mbarara main prison on murder charges pending court
hearings. The initial 2008 Prison Services investigation had cited
suffocation from severe overcrowding as the cause of death.
There were no developments in the case of Isaac Apungia, an inmate
at Amuria Prison, who collapsed and died in April 2008 after he was
subjected to harsh conditions on a prison farm.
Female prisoners in central prisons were held in separate
facilities; however, services and facilities for female prisoners in
local prisons, including separate cells, were lacking in some parts of
the country. The Prisons Service had no budget for pregnant women or
mothers with infants, although the number of infants in women's prisons
continued to increase during the year, according to the FHRI. Due to
lack of space in juvenile facilities, minors were held in prisons with
adults. Pretrial detainees in Kampala prisons were separated from
convicted prisoners, but pretrial detainees and convicted prisoners in
the rest of the country were sometimes held together.
During the year the government permitted access to prisons by the
International Committee of the Red Cross (ICRC), foreign diplomats, and
local NGOs, principally the FHRI and the Uganda Prisoners' Aid
Foundation. However, authorities required advance notification of
intended visits. Authorities told human rights organizations seeking
access to unregistered facilities that the government did not maintain
safe houses or unregistered detention sites. d. Arbitrary Arrest or
Detention
The constitution and law prohibit such practices; however, members
of the security forces arrested and detained citizens arbitrarily
during the year.
Role of the Police and Security Apparatus.--The Uganda Police Force
(UPF), under the Ministry of Internal Affairs, has primary
responsibility for law enforcement. The UPDF is the key armed force
charged with external security but had partial responsibility for
maintaining order in the north, where it was deployed to protect
civilian IDPs from rebel attacks and to prevent violence resulting from
interclan cattle raids in the Karamoja Region. The Internal Security
Organization (ISO) and External Security Organization (ESO), key
security agencies and intelligence-gathering entities under the direct
control of the president and the minister of security, occasionally
detained civilians. The CMI is legally under UPDF authority, although
it often acted as a semiautonomous unit by detaining civilians
suspected of rebel and terrorist activity, as did the ISO and ESO. The
Joint Anti-terrorism Taskforce (JATT), a paramilitary group under the
CMI, has no codified mandate but illegally detained numerous civilians
suspected of rebel and terrorist activity. The JATT is a joint command
whose members are drawn from the UPDF, police, ISO, and ESO. LDUs
reinforced government efforts to protect civilians and sometimes
participated in offensive military operations and carried out police
functions.
The UPF continued to be constrained by limited resources, including
low pay and lack of vehicles, equipment, and training. Corruption and
impunity were problems. By year's end, 24 police officers had been
charged with corruption, although none had been discharged or dismissed
for accepting bribes. The UPF Human Rights Desk investigated complaints
of police abuses, including mismanagement of case papers, torture and
harassment, unlawful arrest and detention, abuse of office, irregular
or discreditable conduct, and corrupt practices. The UPF reported
receiving 5,000 allegations of human rights violations and
unprofessional conduct from January 2008 to September 2009 and stated
it took action in response to 3,000 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 30 new SPCs at each subcounty
headquarters and 12 SPCs per division in municipalities. Many of the
new SPCs were former members of LDUs, the overall membership of which
continued to decrease. Of the 6,700 police officers in the north, 4,500
were SPCs, who received less training than police officers and were
employed on contract.
In conjunction with the UHRC and international organizations such
as the ICRC and the UN Office of the High Commissioner for Human
Rights, the UPDF and police continued to train officers on
internationally recognized human rights standards. During the year 289
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. Indigent defendants
accused of capital offenses are provided attorneys at state expense.
The law provides for family visitation, but incommunicado detention
remained a problem during the year. According to the FHRI, during the
year the CMI held four civilians incommunicado and JATT, one. None of
the detainees had been released by year's end. There were also credible
reports of police moving recently arrested prisoners from one detention
facility to another to confuse family members attempting to ascertain
their whereabouts. In its April 8 report, 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 sedition, treason, incitement of violence, and
terrorism charges. Persons suspected of sedition, treason, incitement
of violence, or terrorism were subjected to numerous abuses, such as
detention without charge, detention in unregistered and unofficial
locations, and mistreatment, including torture. The Prisons Service
held 29 pretrial treason suspects during the year.
The UHRC received 149 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
government compensation was often slow in coming. There were no
developments in the April 2008 petition filed by former UHRC
chairperson Margret Sekaggya to establish a national fund to pay
victims. Past compensation payments have been made from general
government funds administered by the Ministry of Justice and
Constitutional Affairs.
Human rights groups expressed 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.).
Human rights groups reported that the government detained civilians
in military facilities and unregistered detention facilities known as
safe houses, where they often were held incommunicado. The government
denied it maintained such facilities.
In October the inspector general of police reshuffled senior
leadership of the police RRU following allegations that its members
illegally detained the wife of a government employee at an unknown
location for more than a week and threatened her with torture. The
RRU's director, Commandant Emmanuel Muhairwe, and two deputies, Peter
Kakonge and Emmanuel Bwembale, were placed on extended study leave.
In its April 8 report, HRW documented 106 cases of illegal
detention by JATT, ranging from one week to more than a year. Many of
the detentions, which occurred in 2007 and 2008, were made in the
months leading up to the country's hosting of the 2007 Commonwealth
Heads of Government meeting. In more than 25 instances, detainees were
tortured or subjected to mistreatment (see section 1.a.). According to
court records and interviews by HRW, the majority of detainees were
never charged with any criminal offense.
Six of the 106 detainees were held for more than a year without
charge; the CMI confirmed that the suspects were in detention. On July
27, the High Court ordered the UPDF to produce in court five of the
detainees--Muhammad Adam Sekulima, Fatima Nantongo, Ismail Kambale,
Abdulrahman Kijjambu, and Abdul Hamid Lugemwa--all of whom were accused
of belonging to the ADF rebel group. The UPDF ignored the High Court's
ruling and instead dropped the five detainees at the Uganda Amnesty
Commission to apply for amnesty. On July 31, the commission granted the
five suspects amnesty. According to the CMI, on February 28,
authorities arrested the sixth suspect, Hamuza Mwebe, for alleged
involvement in a killing; he had been released in November 2008 for
lack of evidence.
On June 15, the High Court ordered the UPDF to produce Patrick
Otim, a reporter for Mega FM radio station in Gulu, after receiving a
complaint from civil society organizations that he was being held
incommunicado by the UPDF. Between September 2008 and May 2009,
authorities arrested Otim and 13 other suspects--Alfred Layang Okot,
former Gulu municipal council speaker; former LRA rebels Emmy Oryem and
Philip Onekono Okello; and private citizens Francis Akena, Patrick
Lumumba Komakech, Patrick Kidega, Jimmy Ochieng, Patrick Okello, John
Otim, Alfred Olanya Lububoel, Meya Deovilente, Michael Obol, and
Patrick Komakech--for allegedly forming a rebel group entitled the
Uganda Patriotic Front and plotting to overthrow the government. On
June 16, Otim and several others were charged with treason and remanded
to prison. On December 18, a court in Kampala committed the 14 suspects
for trial in the High Court.
Some of the 106 persons illegally detained by JATT in 2007 and 2008
reported to HRW that they had been physically coerced by JATT agents to
apply for amnesty. Others said that long-term incommunicado detention
and a lack of legal assistance compelled them to seek amnesty despite
their insistence that they had no involvement in any rebel activity.
Detainees who sought amnesty were stigmatized as rebels or terrorists,
feared complaining of mistreatment by JATT, and could be targeted in
the future.
Police arbitrarily arrested hundreds of demonstrators, particularly
during the September 10-12 riots in Kampala (see section 1.a.)
Case backlogs in the judicial system contributed to pretrial
detentions of between two and three years but sometimes as long as
seven years. The Prisons Service reported that 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.--The government has offered a blanket amnesty since 2000
to former combatants for treason charges to encourage defection from
the LRA and other rebel groups. Almost 23,500 individuals have
benefited from the law, more than half of whom were former LRA
combatants.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the government generally respected
this provision in practice; however, the president has extensive legal
powers of judicial appointment. The president appoints Supreme Court,
High Court, and Court of Appeal judges with the approval of parliament.
The president also nominates, for the approval of parliament, members
of the Judicial Service Commission, who make recommendations on
appointments to the judiciary. The judiciary ruled against the
government on several high profile cases during the year. Lower courts
remained understaffed, weak, and inefficient. Judicial corruption was a
problem (see section 4).
The highest court is the Supreme Court, followed by the Court of
Appeal (which also functions as the Constitutional Court), the High
Court, magistrates' courts, local council (LC) subcounty courts, parish
courts, and village courts. The LC courts have the authority to settle
civil disputes, including land ownership and debt cases, and criminal
cases involving children. These courts, often the only ones available
to villagers, reportedly exceeded their authority by hearing criminal
cases of adults. Decisions made by LC courts can be appealed to
magistrates' courts, but there often were no records at the village
level, and some defendants were not aware of their right to appeal.
The military court system often did not assure the right to a fair
trial. Although the accused has the right to legal counsel, some
military defense attorneys were untrained. The law establishes a court
martial appeals process; however, 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 March 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.
In August the Ministry of Justice and Constitutional Affairs
reported that more than 76 percent of the cases filed in various courts
across the country had not been disposed of due to staffing problems.
The statement noted such staffing shortages impaired the dispensation
of justice to most citizens.
Political Prisoners and Detainees.--There were reports of political
prisoners and detainees during the year, but reliable statistics were
unavailable.
Charges of treason against FDC opposition leader Kizza Besigye and
nine other FDC members remained pending in the High Court due to the
FDC members' petition to the Constitutional Court regarding the
constitutionality of facing concurrent military court martial and
civilian charges. On September 1, the Constitutional Court rejected the
High Court's procedural objection to the petition, paving the way for a
complete Constitutional Court hearing, which had not occurred by year's
end.
Bright Gabula Africa, whose death sentence for treason was upheld
by the Supreme Court in 1995, remained imprisoned pending the outcome
of his appeal to the Presidential Advisory Committee on the Prerogative
of Mercy, a largely autonomous constitutional body.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. In the case of a human rights
violation, there is access to the UHRC, which has the powers of a court
under the constitution. These powers include the authority to order the
release of detainees, payment of compensation to victims, and other
legal remedies. There were problems enforcing domestic court orders.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions. 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.
The government allegedly increased efforts to require 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. There were
reports that graduates seeking government employment were also required
to submit a certificate of attending the political education training
in order to be considered for work.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the government at
times restricted these rights. The law criminalizes offenses by the
media, and the police Media Crimes Unit closely monitored all radio,
television, and print media. Numerous journalists were charged with
sedition; however, the government could not prosecute such cases until
the Constitutional Court ruled on a 2005 petition, submitted by the
Independent editor Andrew Mwenda, challenging the constitutionality of
the sedition law. The government at times harassed and intimidated
journalists, who continued to practice self-censorship.
Government officials detained and interrogated political leaders
who made public statements critical of the government and used libel
laws and cited national security as grounds to impede freedom of speech
(see section 3). The President's Office reportedly monitored political
talk show debates closely, and the government occasionally attempted to
block participation of opposition members on radio talk shows.
On September 12, police in Kampala arrested parliamentarian and
opposition Democratic Party (DP) member Issa Kikungwe for allegedly
inciting violence during the September riots in Kampala; Kikungwe had
delivered a speech on development at a youth church event. On September
13, police released Kikungwe on bond. An investigation was ongoing at
year's end.
On December 10, police charged DP publicity secretary Betty
Nambooze with sedition, alleging that Nambooze made statements with the
intent to generate hatred, contempt, and dissatisfaction with President
Museveni and his government during an August 19 appearance on CBS
radio's Kiriza Oba Gaana (Accept or Deny It) program. Nambooze denied
the charges and was released on bail, pendinga hearing scheduled for
January 2010.
On December 28, police in Kampala interrogated Hussein Kyanjo, a
parliamentarian and member of the opposition Justice Forum party, for
inciting violence during a December 17 Buganda Kingdom conference;
Kyanjo had presented a paper warning that Buganda would resort to
violence if the government failed to respect democracy and rule of law.
Kyanjo was released on bail, and an investigation was ongoing at year's
end.
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.
The government assaulted journalists during the year. For example,
on July 2, the police RRU allegedly assaulted journalists Tony Kizito
of the Red Pepper and Katende Malibu of Wavah Broadcasting Station
(WBS) TV for taking pictures of a cyclist who was being tortured in
front of RRU headquarters in Kireka, a suburb of Kampala. There were no
reports of developments in the incident at year's end.
The government also arrested and harassed journalists, some of whom
were charged with sedition and forced to turn over their passports.
On January 2, the police Criminal Investigation Department (CID)
arrested and interrogated the Daily Monitor newspaper's managing editor
Dan Kalinaki and senior reporters Grace Matsiko and Angelo Izama
following a December 28 Monitor article titled ``Reclusive Kony: UPDF's
Tactics under Spotlight,'' which authorities charged was prejudicial to
national security. Kalinaki was released without charge after nine
hours. Matsiko and Izama were released on police bond, and on January
29, police withdrew both the bond and charges against them.
On August 12, police in Kampala briefly detained without charge
Daily Monitor photo journalist Stephen Otage, who allegedly took a
photograph of Faith Mwondha, former inspector general of government
(IGG), without her permission. Police confiscated Otage's camera.
On August 18, Kampala police arrested and interrogated Daily
Monitor newspaper editors Daniel Kalinaki and Henry Ochieng for
allegedly publishing an altered version of a letter from President
Museveni to a cabinet minister. The letter, which the Monitor published
on August 2, included a controversial proposal to prevent members of a
specific ethnic group from running for elective office in some areas of
western Uganda. Kalinaki and Ochieng, who were charged with forgery and
authorizing a false document, were released on police bond; the case
was pending at year's end.
On August 27, police arrested and interrogated the Independent
Magazine managing director Andrew Mwenda, senior editor Charles
Bichachi, and assistant news editor Joseph Were for publishing a
cartoon depicting President Museveni reviewing a checklist for rigging
the 2011 presidential election. On September 23, the three journalists
were charged with sedition and released on bail. On October 15, the
court suspended the case against Mwenda, Bichachi, and Were pending
resolution by the Constitutional Court of Mwenda's 2005 petition
against the country's sedition law.
On December 21, police arrested Angelo Izama, a senior reporter
with the Daily Monitor, for allegedly defaming President Museveni in
the December 20 article ``Fears of war as polls draw close.'' Izama was
released from police custody after five hours of questioning. The case
was pending at year's end. Four radio stations were closed or suspended
during the year, and radio journalists were assaulted, arrested,
dismissed, suspended, and threatened, particularly in response to their
coverage of the September 10-12 riots in Kampala. The government also
restricted independent television and radio stations that hosted
opposition political candidates critical of the government. The
government continued to ban new radio stations in Kampala, reportedly
because of limited available frequencies; however, the ban was widely
disregarded without penalty.
On May 27, police in Arua arrested journalist Victor Gadribo and
UPC members Caleb Kamure, Jeffer Alekua, and Fagil Lemeriga for
defaming the president while appearing May 23 on a weekly political
talk show hosted by Arua One FM Radio in West Nile; the suspects had
questioned the nationality of President Museveni.
On September 10, the Uganda Broadcasting Council (UBC) closed and
suspended the licenses of four radio stations in Kampala: Radio
Sapientia, Ssuubi FM, two frequencies owned by the Buganda Kingdom
Central Broadcasting Services, and Akaboozi Ku Bbiri-Radio Two.
On September 11, unidentified assailants accosted Radio One
journalist Robert Kalundi Sserumaga outside WBS studios where he had
just recorded the Kibaazo on Friday program. They forced him into an
unmarked vehicle, beat him, and jail him in a safe house with 20 other
inmates. On September 12, Sserumaga was delivered to an official police
station, where he was arrested. On September 15, authorities charged
Sserumaga with six counts of sedition and subsequently forced him to
surrender his passports before being released on bail; a hearing of the
case was ongoing at year's end. After his release, the UBC suspended
Sserumaga from hosting and moderating radio talk shows. On December 4,
Sserumaga and Radio Sapientia's Geoffrey Ssebagala petitioned the High
Court to dismiss their suspensions as unlawful. Hearing of the petition
was pending at year's end.
On September 12, the UBC shut down one talk show on Radio Simba and
the WBS television program, Kibaazo on Friday, for allegedly inciting
violence and demeaning the president. Talk show host Peter Kibaazo was
suspended for three months. On December 8, the UBC allowed Kibazzo to
resume another suspended WBS television talk show, Issues at Hand.
Authorities also suspended or dismissed other journalists in connection
with the riots, including Uganda Broadcasting Corporation TV manager
Mark Walungama, who aired footage of the riots and police response;
Siasa Ssenkubuge of Radio Simba; Charles Odongotho of Vision Voice; and
Radio Sapientia journalists Matovu Laoysius, Irene Kiseka, and Ben
Mutebei Ameyengo. In October Ssenkubuge was reinstated to Radio Simba.
The government allowed Radio Sapientia to reopen on September 15 with
strict instructions to not broadcast political programs.
Local government officials restricted press freedom during the
year. For example, in July the district council in Bugiri District,
eastern Uganda, blocked journalists from attending council sessions
following the publication of stories exposing government corruption. In
September Mbale Deputy Resident District Commissioner Henry Nalyanya
banned all radio talk shows, except health programs, in his district.
There were developments in several 2008 cases of press freedom. In
March WBS journalists Francis Tumwekwasize and Timothy Sibasi, who
alleged that police harassed and assaulted them in August 2008,
petitioned the High Court for compensation; police accused the
journalists of negative reporting about police. The September 2008
petition filed by the journalists with the UHRC remained pending.
On June 4, the Constitutional Court directed the Nakawa chief
magistrate to continue with criminal proceedings against former Daily
Monitor editors Joachim Buwembo, Bernard Tabaire, Emmanuel Gyezaho, and
Robert Mukasa, who in January 2008 were charged with sedition for
articles alleging that former IGG Faith Mwondha had filed bogus salary
claims. At year's end hearing of the petition was pending, and the
suspects were free on bail.
On September 23, a court in Kabarole acquitted Life Radio station
presenters Steven Rwagwere, William Gonza, Gerald Kankya, Joram
Bintamanya, and Prosper Busingye for lack of evidence; the radio
journalists were charged in January 2008 with inciting violence and
defamation. In October the journalists filed a petition to sue
government for unlawful arrest. Hearing of the petition was pending at
year's end.
There were no developments in the April 2008 sedition case against
the Independent Magazine editor Mwenda, contributing editor Charles
Bichachi, and reporter John Njoroge, who published an article alleging
UPDF atrocities in 2003, including first-person accounts of torture in
government safe houses.
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 approximately 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.
Unlike in the previous year, the Media Council did not block the
screening of films for perceived promotion of homosexuality.
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 May 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).
For example, on August 23, police in Mubende blocked a rally by the
Uganda Federal Alliance, a civil society organization led by FDC Member
of Parliament (MP) Betty Kamya. On September 2, police in Kampala
blocked a procession planned by FDC youth following the release on bail
of their national youth leader, Abedi Nasser Obole. On December 1,
police disrupted a procession of DP supporters in Entebbe. On December
6, police in Hoima blocked FDC president Kizza Besigye from holding a
rally.
The use of excessive force to disperse demonstrators resulted in
numerous deaths and injuries, particularly during the September 10-12
riots (see section 1.a.).
On July 26, 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 was ongoing at year's end.
In February the parliamentary Select Committee completed an
investigation into the alleged 2008 police beatings of parliamentarians
during illegal political rallies. However, the committee had not
released the investigation report by year's end.
Opposition DP members Domic Matovu Savio, Emmanuel Mugandusi,
Samuel Mulindwa, Margret Wazemba, and Ben Kiwanuka, charged in 2008
with rioting, assault, and carrying arms during an illegal rally at
their party headquarters, remained on police bond at year's end.
During the year police dismissed the August 2008 case against 25
Mandela Secondary School students, charged with staging an unlawful
demonstration and engaging in malicious damage to property. The
dismissal followed an agreement by parents of the students to
compensate the school for the damaged property.
Police suspended the investigation into use of excessive force
during the February 2008 Kisekka market riot due to lack of evidence.
Police were unable to provide an update on the number of rioters who
remained in prison by year's end.
There were no developments in the June 2008 assault and arrest of
MP Nabilah Sempala for allegedly holding an illegal rally in Kampala.
The parliamentary Committee on Defense and Internal Affairs was
investigating Sempala's case at year's end.
On August 12, 22 activists were charged with participating in a
2007 demonstration which resulted in one death. Among those charged
were MPs Hussein Kyanjo, Erias Lukwago, and Beatrice Atim Anywar; DP
youth wing vice president Fred Mukasa; and Issa Ssekito, chairman of
the Kampala Traders Association. The cases were pending at year's end.
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 government established a committee to review the
act in January 2008, when enforcement of the law was temporarily
suspended. No action had been taken on the petition or by the committee
by year's end. c. Freedom of Religion
The constitution and law provide for freedom of religion, and the
government generally respected this right in practice with some
restrictions. The law requires religious groups and foreign
missionaries to register with the government under the same law as
NGOs, and failure to register is a criminal offense; however,
enforcement was temporarily suspended (see section 2.b.). There were
some reports of violence by the government or its agents against
religious groups, leaders, or individual members, and there were
reports that the government restricted worship by certain religious
groups.
For example, on July 20, the RRU allegedly attacked and tortured
several worshippers at Christ Sanctuary International Church. Police
arrested police deputy assistant inspector William Kanzira and officers
John Bosco Odole, Jim Okello, Salidat Nakate, and Deo Abaine. On August
13, a court in Kampala charged the suspects with causing grievous harm
and threatening violence. The accused were released on bail, and the
case was pending at year's end.
On August 12, police in Tororo arrested Gospel Church members
Stephen Otabong, Joseph Othieno, Dismas Ofambo, John Etonet, Richard
Oketcho, David Ejakait, and John Obella following complaints from
residents about the group, which prohibits its members from enrolling
in public schools or seeking medical care at clinics and hospitals. The
case hearing was pending at year's end.
During the year police dismissed for lack of evidence the April
2008 arrest case of 11 members of the Nyangakaibo cult, who were
charged with holding an illegal assembly.
Local officials imposed minor restrictions that indirectly impeded
the activities of some religious groups. Groups considered cults
experienced extra scrutiny and restrictions.
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.
Police reported that several 2008 cases were dismissed for lack of
evidence, including the January arrests of Mbarara House of Grace
pastors Patrick Mucunguzi, Michael Katongole, and Joshua Keinarugaba
for allegedly extorting money from sick members of the church's
congregation and of pastor Mike Ocaka for allegedly stealing an
estimated 12.5 million shillings ($6,400).
The Jewish community was very small, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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, 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.
Domestic travel restrictions imposed on senior Buganda Kingdom
officials triggered violent riots in September (see section 1.a.).
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; however, the government did
not use forced exile during the year. Internally Displaced Persons
(IDPs)
Improved security in the north combined with the government's
implementation of the Peace, Recovery, and Development Plan and the
work of international and local NGOs to rebuild physical and social
infrastructure encouraged the return of 85 percent of the estimated 1.1
million IDPs in the LRA-affected north by year's end. According to the
UNHCR, 184,000 IDPs remained in camps in northern Uganda's Acholi
region. 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 country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 protocol, as
well as the 1969 African Union Convention Governing the Specific
Aspects of the Refugee Problem in Africa. Its 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 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 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.
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 rather than 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 May, the government
assisted the UNHCR in the voluntary repatriation of 29,909 refugees to
Southern Sudan and 5,571 refugees to Rwanda.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully; however, the ruling party's domination of
the government and some restrictive constitutional and statutory
provisions limited citizens' effective exercise of this right.
Elections and Political Participation.--The 2006 presidential and
parliamentary elections, the first multiparty general elections since
President Museveni came to power in 1986, were marred by serious
irregularities. Police recorded 450 cases of violence during the
electoral period. More than 100 election challenges were filed in the
High Court and the Constitutional Court following the 2006 elections,
including charges of bribery, intimidation, incidents of violence,
multiple voting, and ballot stuffing. Six election appeals were pending
before the Constitutional Court and three at the Supreme Court at
year's end. Three by-elections were held during the year to fill the
seats declared vacant by the High Court in 2007; election monitors
reported numerous irregularities.
On May 21, the Ugandan Electoral Commission conducted local council
elections in 1,474 electoral areas in 79 districts to fill vacant seats
resulting from the lack of nominations in the 2006 general elections,
resignations, deaths, and the creation of some new seats in town
councils and subcounties. Voter turnout was relatively low, but the
exercise was peaceful. The ruling NRM party operated without
restriction, regularly holding rallies and conducting political
activities. Approximately 36 other parties were registered and allowed
to function, although members of some parties were subject to political
violence, and authorities sometimes restricted opposition parties'
ability to meet or demonstrate. Political involvement was primarily
concentrated within the elite. Membership in the NRM conferred greater
access to government positions and resources.
Police arbitrarily arrested opposition members during the year.
For example, on May 31, police in Kampala arrested and later
released without charge 30 members of the Uganda Federal Alliance
(UFA), a pressure group advocating for a federal government. The
suspects were arrested in Owino Market while selling UFA membership
cards.
On June 3, police in Kampala arrested without charge FDC deputy
spokesperson Sarah Eperu for allegedly spreading harmful propaganda
during celebrations to mark Martyr's Day at Namugongo, near Kampala.
FDC officials claimed Eperu was only distributing leaflets with the
message, ``FDC wishes you a blessed Martyrs' Day celebration.'' On June
4, Eperu was released.
On July 11 and 12, police in Kampala arrested 19 DP members from
the Kyengera and Ndeeba suburbs of Kampala. The suspects were
collecting signatures in an effort to block a government proposal to
take over the management of Kampala and expand the city's boundaries.
On July 13, the suspects were charged with criminal trespass, illegal
assembly, and interfering in police work. The suspects were released on
bail, and the case was pending at year's end.
On September 3, police in Lira arrested UPC member Godwin Acai for
statements he made during an August talk show on Unity FM radio.
Authorities alleged Acai falsely claimed that the UPDF was involved in
the 2004 killings of more than 400 civilians at Barlonyo IDP camp.
Acai, who was detained in police custody for four days, appeared in
court on September 7 and was remanded to prison without charge. Acai
appeared in court again on November 3 and December 3, but the
government failed to produce evidence against him. The case was
adjourned until January 2010.
On September 28, police in Kampala charged opposition
parliamentarian and DP member Erias Lukwago and Buganda Kingdom's
deputy information minister Medard Lubega Segona with sedition for
alleged statements during the September 10-12 riots in Kampala. Both
were released on bail, and the case was adjourned pending resolution of
the 2005 challenge to the country's sedition law (see section 2.a.).
The hearing of the March 2008 and August 2007 sedition cases
against Makindye West MP Hussein Kyanjo was still pending a Supreme
Court ruling on the constitutionality of the sedition law. Kyanjo
stated in a 2007 talk show that President Museveni and other government
officials used their positions to displace persons in the Kisozi region
and promote hostility between ethnic groups.
The July 2008 hearing of the sedition case against Buganda Kingdom
deputy information minister Medard Seggona Lubega and Buganda Central
Civic Education Committee chairperson Betty Nambooze was still pending
a separate ruling on the constitutionality of the sedition law. No
charges were filed against the minister for information and cabinet
affairs, Charles Peter Mayiga, who was released on bond in 2008 pending
investigation. The three had publicly criticized the government's
proposed amendments to the 1998 Land Act.
On August 18, police in Kampala arrested 11 members of the FDC
youth wing for participating in an illegal assembly; the 11 included
Hajji Twaibu Kakande, Festos Kurumira, Ali Buni, Mukiibi Sserunjogi,
Muhammad Mutaasa Ali, Samuel Ariho Mugumya, Catherine Ddembe, Martin
Musaazi Kanuma, Joseph Mulyankya, Isaac Mawanda, and Andrew Wakibogo.
On August 19, a court in Kampala charged the suspects with holding an
unlawful assembly and inciting violence. On August 20, the court
released the suspects on bail. The case was pending at year's end.
On August 31, police questioned FDC youth leader Abedi Nasser Obole
for allegedly organizing and participating in unlawful assemblies. On
September 1, a Kampala court charged Obole with participating in an
August 18 unlawful assembly and released him on bail; however, police
rearrested Obole for threatening the Electoral Commission's chairman
and four commissioners. During a September 2 court hearing, Obole
denied the charges and was released on bail. On October 28, Obole
appeared in Makindye Magistrate's Court on the charge of threatening
the Electoral Commission's chairman and four commissioners. The court
adjourned the case on November 15 and again on December 15 for lack of
witnesses and police documentation. Hearings were rescheduled for
February 2010. On November 30, due to lack of witnesses, the Buganda
Road Magistrate's Court postponed until January 2010 a hearing against
Obole for participating in unlawful assembly.
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; five for youth; and 10 for the army, selected by the UPDF
High Command and President Museveni.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government investigated offenders, but officials engaged in corrupt
practices with impunity, and corruption was a serious problem. The
government selectively enforced financial disclosure laws. Government
agencies responsible for combating corruption include the IGG, 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. On August 19, President
Museveni signed into law the 2008 Anticorruption Bill. The new law
increases powers of the IGG and DPP to investigate public and private
corruption, provides for the disposal of property related to corruption
investigations, and allows for confiscation of property derived
directly or indirectly from corruption. The law also increases
protections for witnesses and informants. In September a 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 ($250 million).
A number of government ministries and agencies were implicated in
corruption. Hearings conducted by the parliamentary Accounting
Committee linked at least 12 ministries and several senior government
officials to misuse of funds intended for the country's hosting of the
2007 Commonwealth Heads of Government Meeting (CHOGM). A 2008
investigation by the Auditor General of CHOGM procurements failed to
account for approximately 53.3 trillion shillings ($27 million) in
unexplained expenses.
Judicial corruption was a problem, and in August the Judicial
Service dismissed Aggrey Bwire, a grade I magistrate of Nabweru
subcounty, and Jimmy Agolei, a grade II magistrate of Kiboga District,
for corruption and abuse of office. On November 15, a court in Mbarara
convicted grade II magistrate Moses Ndifuna of abuse of office for
soliciting and receiving a 190,000 shilling ($100) bribe. Ndifuna, who
was sentenced to two years' imprisonment and ordered to refund the
money, was released on bail in December pending hearing of his appeal.
The National Agricultural Advisory Services, the National Social
Security Fund, the National Forestry Authority, the Uganda National
Roads Authority, and the police were all investigated for corruption
during the year. The ministries of health, education, and water and
environment were also involved in numerous corruption scandals.
Members of the Anti-Corruption Coalition Uganda were harassed by
security services in December following publication of a booklet
detailing survey results on local perceptions of government corruption.
The Anticorruption Division of the High Court (ACD), which has
three judges and five magistrates on staff and can only hear corruption
cases referred by the IGG and DPP, convicted seven individuals of
corruption during the year. Four of these were convicted of stealing
money from the Global Fund to fight AIDS, Tuberculosis, and Malaria. At
year's end all four were free on bail pending hearing of their appeals.
On March 13, the ACD sentenced Fred Kavuma, former employee of
Uganda Television, to five years' imprisonment for using false
documents to unlawfully obtain 41 million shillings ($21,200) from the
Global Fund. Kavuma was ordered to refund the money and was released on
bail on September 10, pending hearing of his appeal.
On April 8, the ACD sentenced Teddy Seezi Cheeye, the Internal
Security Organization's director of economic monitoring, to 10 years'
imprisonment for embezzling 107 million shillings ($56,600) of Global
Fund money. Cheeye was ordered to refund the money to the Global Fund
and was released on bail on July 24 pending the hearing of his appeal.
On July 14, the ACD convicted Annaliza Mondon and Elizabeth
Ngororano of embezzling Global Fund money; each was sentenced to five
years' imprisonment and ordered to repay 26 million shillings ($14,000)
to the Global Fund. On August 14, Mondon and Ngororano were released on
bail pending appeal.
On August 31, a magistrate's court in Kampala charged and remanded
to prison Winnie Musoke Kabogonza, the police department's
undersecretary and accounting officer, for failing to remove duplicate
names and bank accounts from the police payroll, resulting in a loss of
1.7 billion shillings ($880,000). Also charged and arrested were Dennis
Nyagweso, Dennis Twinamasiko, Alfred Okello, Ashe Kawooya, Primo
Nyokatre, and Harriet Kyomugisha. On September 9, the Anticorruption
Court granted bail to Kabogonza, Nyagweso, Twinamasiko, and Nyokatre;
the case was pending at year's end.
An IGG report on investigations into 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, was still pending at year's end. Both
Tibaruha and Matsiko remained suspended from their offices.
There were no developments in the 2008 parliamentary investigation
into former IGG 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.
No action was taken on the investigation into the 2007 case
involving Martin Odwedo, the former permanent secretary in the prime
minister's office, and three others for failure to account for 1.3
billion shillings ($673,000).
The parliamentary Committee on Public Accounts completed its
examination of the auditor general's report of the 2006-07 budget, but
the committee's report had not been published at year's end.
An estimated 17,000 public officials were subject to financial
disclosure laws. On November 2, the government suspended the Ministry
of Health's principal accountant, Nestor Gasasira, after an IGG
investigation revealed that Gasasira's expenditures were incommensurate
with his earnings. The IGG recommended firing Gasasira for failing to
publicly account for his wealth.
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 January 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 (see section 2.b.). Enforcement of the law remained suspended
during the review process.
The government cooperated with international governmental
organizations and permitted visits by UN representatives and
organizations such as the ICRC. The UHRC is a permanent independent
body with quasijudicial 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. On May 7, President Museveni reappointed two
and named five new commissioners to the UHRC to fill vacancies. The
appointments allowed the UHRC to resume its work, which had been
stalled since November 2008, when the term of the previous team
expired. The UHRC continued to pursue suspected human rights abusers,
including in the military and security forces, and had branches
countrywide; however, its resources were inadequate to investigate all
complaints received.
On October 12, the UHRC released its 11th annual report to
parliament, in which it called on the government to ban torture and
renounce the use of ``safe houses,'' the unregistered detention
facilities operated by JATT and the CMI. The report also highlighted
lengthy trial delays, overcrowding, and poor health services as the
main challenges facing the prison system. The report maintained that
detention of suspects beyond the constitutional limit of 48 hours was
``rife.''
In its April 8 ``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 ill-treatment, 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 1,536
rape cases registered with the police in 2008, of which 241 went to
court, resulting in only 52 convictions.
Domestic violence against women, including spousal abuse, remained
widespread, and reports of such incidents continued to increase.
Approximately 48 percent of married women between the ages of 15 and 49
have experienced physical violence from their intimate partners, 36
percent have experienced sexual violence, and 49 percent have
experienced emotional violence. 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 November 12, parliament passed 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. During the year the government arrested and prosecuted 15
persons responsible for domestic violence. For example, police in Gulu
District arrested Richard Tito Okello, who killed his wife Scovia Acayo
on April 13 following a family argument; the case was pending at year's
end. On August 18, police rearrested former Mukono District police
chief James Aurien for the April 2008 killing of his wife Christine
Opolot; the hearing was pending at year's end.
In September the police launched an informational campaign focused
on marriage and child rights to further curb domestic violence.
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
September 8, the Constitutional Court started hearing a petition
against the practice filed in 2007 by the Mifumi Project, a women's
rights group that claims bride prices impede the right of a woman to
choose her husband and also exacerbate domestic violence. A court
ruling was pending at year's end.
Prostitution is illegal but common. In August the Uganda AIDS
Commission reported that 11 percent of new HIV/AIDS infections were due
to commercial sex. In July the government stopped the recruitment of
women as domestic workers abroad following reports that many were being
forced into prostitution.
Although it is prohibited with penalties of up to 14 years'
imprisonment, sexual harassment was a widespread problem, and the
government did not enforce the law effectively. In April police
inspector 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 May 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 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 were 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.
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 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,
women did most of the agricultural work but owned only 7 percent of the
agricultural land. Women also experienced economic discrimination in
access to employment, credit, pay, and in owning or managing
businesses.
Eliminating gender inequality remained a high priority for the
government, which, in conjunction with NGOs and women's rights groups,
sponsored workshops and training throughout the country to increase
awareness of women's rights.
Children.--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 August 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 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 other
sexual abuse of girls.
A September report released by the African Network for Prevention
Against Child Abuse and Neglect showed that 8,286 child-related abuses
were reported to police and other sources between January and April. Of
the total, 2,592 cases involved defilement, 1,292 involved
disappearance, and 1,613 involved child stealing or kidnapping. The
report cited other offenses committed against children, including
torture (773 cases), desertion (594 cases), child trafficking (100
cases), child neglect (680 cases), infanticide (317 cases), and assault
(325 cases).
Reported incidents of corporal punishment in schools continued to
decrease since the 2006 ban on the practice. Sexual contact outside of
marriage with girls less than 18 years of age, regardless of consent or
the 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 2008 there were 8,635 reported defilement cases, of
which 4,124 went to court, with only 333 resulting in convictions.
Perpetrators of sexual abuse often were family members, neighbors,
or teachers.
On May 3, a court in Nebbi District, West Nile Region, remanded
Colber Ruping to prison for defiling a six-year-old girl. The court
charged Ruping with aggravated defilement, and the trial was pending at
year's end.
On June 2, the Kampala High Court sentenced former primary school
teacher John Bosco Ssempijja to 12 years in prison for defiling two
female students of St. Mary Kevin Kajjasi school in February 2008.
On June 27, police in Bukedea District, Eastern Region, arrested
teacher Joseph Ibaat after he was found defiling a 16-year-old girl of
Life Line Secondary School. Hearing of the case was pending at year's
end.
On July 13, police arrested teacher Gyaviira Nsika for sexually
abusing 32 female pupils; Nsika was subsequently convicted and
sentenced to two years' imprisonment.
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 rape cases 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 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; some examinations were conducted during the
year.
FGM was practiced by the Sabiny ethnic group in rural Kapchorwa
District and the Pokot ethnic group along the northeastern border with
Kenya despite local laws that prohibit the practice. In 2006 the
subcounties of Kapchorwa and Bukwo districts passed bylaws to make FGM
illegal; however, the practice still occurred. 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.
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, into early marriage and sexual
arrangements. A March UN report stated that 32 percent of marriages
involved underage girls. In December a court in Soroti District charged
Mutwalib Adam, Yusuf Adam, Asha Adam, Mawuzu Shamim, Amoi Fatuma,
Maimuna Katushabe, and Mariam Ramathana with compounding a felony for
their role in aiding the marriage of a 14-year-old girl. The seven
remained in detention at year's end, and an investigation was ongoing.
Reports of the ritual sacrifice of children increased during the
year. For example, on March 7, police in Pallisa District arrested Issa
Wayibi, Sebastian Musana, Bbumba Aramazan, and Daudi Byendala for the
ritual killing of a girl the previous day in Butesa subcounty. An
investigation was ongoing at year's end.
On April 16, police in Gulu District arrested John Okech and six of
his family members for allegedly participating in the ritual killing of
a one-year-old girl in Awach subcounty. An investigation in the case
was pending at year's end.
The December 2008 case of businessman Godfrey Kato Kajubi, charged
with the ritual killing of 12-year-old Joseph Kasirye, remained pending
in court. On November 13, a court in Masaka adjourned the case to
February 2010. Kajubi remained on remand along with Moses Musisi, Umar
Kateragga, and Mariam Nabukeera, who confessed to killing the child on
Kajubi's orders.
There were no reported developments in the 2007 ritual killing of a
two-year-old child in Iganga District by family members Laston Muyaga,
Jane Magezi, Elizabeth Kantono, and Aidah Kasubo.
On January 7, the Kampala High Court in convicted and sentenced
Ssenoga Setuhwa to 16 years in prison for stealing and selling a two-
year-old child for sacrifice in 2006. Setuhwa was reportedly paid
100,000 shillings ($52).
On April 29, UN special representative for children and armed
conflict Radhika Coomaraswamy announced that Uganda had been removed
from the list of countries that actively recruit children into the
armed forces; in previous reports, the government was accused of
turning a blind eye to the recruitment of children. Coomaraswamy said
the country's ``de-listing'' was a result of its successful
implementation of an action plan to demobilize and reintegrate child
soldiers.
There were no reports that during the year the LRA abducted and
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.
In January police in Kampala rounded up approximately 200 street
children, the majority from the Karamoja Region, and took them to
Kampirigisa rehabilitation home in Mpigi District. In October city
authorities in Kampala rounded up 300 street children and delivered
them to a rehabilitation home. Street children were often the victims
of poverty, famine, and instability in Karamoja Region.
Trafficking in Persons.--Trafficking in persons was a problem, and
there were reports that men, women, and children were trafficked to,
from, and within the country. On October 1, President Museveni signed
into law the 2007 Antitrafficking in Persons Bill to protect victims
and prosecute traffickers. The act provides for a maximum of 15 years'
imprisonment for trafficking in persons; imprisonment for life for
aggravated trafficking; the death penalty for trafficking children; and
10 years' imprisonment for engaging the labor services of a victim of
trafficking in persons.
Trafficking in persons primarily occurred internally for labor,
commercial sexual exploitation, and criminal activities, but
trafficking of Chinese and other Asian laborers to the country also
occurred. There were reports that children were trafficked for labor
from the country to Pakistan, Egypt, Turkey, the United Arab Emirates,
Saudi Arabia, and Iraq.
Immigration and police officials reported that traffickers
continued to use legal means to take children out of the country for
illicit purposes. Some NGOs reportedly located children and convinced
their families that the children would receive an education or better
life if they were trafficked. An expatriate then entered the country on
a tourist visa and obtained a guardianship order through the courts,
usually with the permission of the family. The magistrates, at the
insistence of the guardian, required the passport office to issue the
child a passport. In a 2008 case involving two young boys taken to
South Africa, immigration officials learned that one boy had died after
his kidneys were harvested for a transplant. Immigration officials
formed a task force to examine the trend and make recommendations to
the ministries of internal affairs and justice.
Victims of internal trafficking were subjected to hazardous working
conditions, and commercial sex victims were subjected to physical abuse
and the risk of contracting sexually transmitted diseases. Victims of
commercial sex trafficking in urban centers often came from small rural
villages. According to NGOs, women and girls often willingly placed
themselves with intermediaries fraudulently offering employment in
other areas of the country, only to find themselves exploited for labor
or sex. NGOs also found evidence of a well-connected network of
traffickers who facilitated the movements of victims to prospective
buyers, negotiated their salaries in advance, and received a percentage
of their monthly wages. A 2007 study conducted by the International
Labor Organization's (ILO) International Program on the Elimination of
Child Labor found that women and girls could be purchased for
approximately 5,000 to 30,000 shillings ($2.60 to $15.60) and used as
domestic workers. In the case of child trafficking for labor and
commercial sexual exploitation, intermediaries such as pimps,
employment bureaus, churches, transporters, NGOs, fishermen, and peers
lured children and facilitated their travel with accommodations and
travel documents.
The Ministry of Gender, Labor, and Social Development (MGLSD) is
the lead agency on child trafficking issues, the national police force
is responsible for investigating trafficking related crimes, and the
Justice Ministry and the Directorate of Public Prosecutions prosecute
cases.
The government arrested suspected traffickers during the year and
assisted with international trafficking investigations or extradited
citizens accused of trafficking in other countries.
For example, on January 7, police in Kampala arrested Sylvia
Kampiire, a Rwandan national, for allegedly stealing three-year-old
Daina Nyakiti from Rwanda and transporting her to the country for
trafficking. Police reported that they transferred Kampiire and the
baby to Rwandan authorities.
On August 12, police in Lyatonde Town arrested Safe Hands for
Africa Church pastor John Mubanda for holding four girls without the
permission of their parents. The police rescued the girls and returned
them to their families. A court charged Mubanda, who reportedly
received three million shillings ($1,500) from the parents of the girls
for promising to provide them with an education, with obtaining money
by false pretense. Mubanda, who pled guilty, was fined and ordered to
refund the money.
Several victims of trafficking were deported during the year.
For example, in May police in Kampala rescued Sri Lankan nationals
Nadarasa Jagatheeswaran, Mohammed Murras Abdul, Verupillal Ratman
Jeevtharan, Writheran Suntharalingam, Rajathumi Makesvarn, and
Sebastian Christopher from suspected human traffickers in Makindye
Ssabagabo subcounty. The victims, who were deported to Sri Lanka,
claimed they had been promised jobs by Sri Lankan nationals Alputha-
Kumar and Nithianan, both of whom were believed to fugitives.
During the year the International Organization on Migration (IOM)
repatriated 13 Ugandan women who had been recruited by a local Ugandan
firm to work as domestic servants in Iraq. Some of the women reported
abuse, including sexual harassment, at the Iraqi homes where they
worked. In July authorities questioned the management of Uganda
Veterans Development Ltd, the local external employment agency that
recruited them. While no specific sanctions were placed on the company,
the government did suspend the recruitment of Ugandan women to work as
domestic servants abroad.
The four Ugandan girls who were stranded in Iraq in 2008 after
their employers confiscated their passports were returned to the
country and reunited with their families, according to the police Anti-
Human Sacrifice and Trafficking in Persons Task Force Unit. An
investigation was still ongoing at year's end.
The government's prosecution of child defilement cases included an
undetermined number of cases involving trafficked children.
The government and NGOs worked together to identify and provide
assistance to persons at risk for trafficking. However, the government
deported victims of foreign origin, unless the minister of internal
affairs granted an extended stay to aid in prosecution of the case. The
UPDF has child protection units in all districts and, along with
government agencies, continued to work with NGOs to reintegrate
thousands of former LRA abductees into society.
In January police established an Anti-Human Sacrifice and
Trafficking in Persons Task Force Unit with investigative teams at the
national, regional, and district levels to curb trafficking in persons
and increased ritual killings.
The national police maintained a Child and Family Protection Unit
to train local police on women's and children's rights, including
identification of trafficking victims and prevention of trafficking.
The police also allowed the local NGO Uganda Development Youth Link to
place its social workers in police stations to assist children and
other trafficking victims, primarily in Kampala District.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services; however, the
government did not enforce the law effectively. Persons with
disabilities also faced societal discrimination and limited job and
educational opportunities. There was no statutory requirement that
buildings be accessible to persons with disabilities; however, the law
requires that children with disabilities be given necessary special
facilities.
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. In July Francis Kinubi,
chairman of the National Union of Disabled Persons in Uganda, reported
that the Public Service Commission had failed to formalize the
employment of persons with disabilities who had worked in government
service for as long as 10 years.
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. Government
agencies responsible for protecting the rights of persons with
disabilities included the Ministry of State for Disabled Persons and
the MGLSA but both lacked sufficient funding to undertake or support
any significant initiatives. In August the president appointed members
to the Equal Opportunities Commission, which is responsible for
enforcing laws that protect persons with disabilities and ensure that
they have equal access to public office. National/Racial/Ethnic
Minorities
There were isolated reports of violence between ethnic minorities
in some parts of the country. For example, in August a group of ethnic
Madi forcefully evicted several families of the Alur ethnic group from
Kasomenga village in Rhino Camp subcounty. During the eviction property
was destroyed and several grass-thatched huts were torched. The police
in Arua District arrested and remanded to prison six suspects who were
alleged to have incited the violence, and the case was ongoing at
year's end.
During the September 10-12 riots in Kampala, demonstrators harassed
Asian business owners and looted and destroyed some of their shops; the
actions reflected public perception that the government favored Asian
investors and businessmen with tax breaks, land, and other incentives
unavailable to local businessmen.
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, or
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.
Societal Abuses and 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 have been charged under the law. The September introduction in
parliament of a bill providing the death penalty for ``aggravated
homosexuality'' and for homosexual ``serial offenders'' resulted in
increased harassment and intimidation of LGBT persons during the year;
the proposed legislation also provides for a fine and three years'
imprisonment for persons who fail to report acts of homosexual conduct
to authorities within 24 hours.
Public resentment of homosexual conduct sparked significant public
debate during the year, and the government took a strong position
against such conduct despite a December 2008 ruling by the High Court
that constitutional rights apply to all persons, regardless of sexual
orientation. The local NGO Sexual Minorities Uganda (SMUG) protested
alleged police harassment of several members for their vocal stand
against sexual discrimination.
For example, on April 5, police in Mbale District arrested SMUG
activists Fred Wasukira and Brian Mpadde. On April 17, a court in Mbale
charged Wasukira and Mpadde with homosexual conduct and remanded the
suspects to Maluke prison. On May 20, the court released Wasukira on
police bail; Mpadde was released on June 16. The case was ongoing at
year's end.
On June 19, police in Kitgum interrogated former police coach
Charles Ayeikoh over allegations that he was involved in homosexual
acts. An investigation was ongoing at year's end.
In July the administration of Mbalala Senior Secondary School in
Mukono District dismissed student John Paul Mulumba after he
acknowledged that he was a SMUG member.
During the year the UHRC stopped investigating the July 2008 case
in which SMUG activist Usaam Mukwaya alleged that police tortured and
humiliated him during an illegal detention; Mukwaya reportedly decided
not to pursue the case.
During the year police dismissed for lack of evidence a September
2008 case against SMUG members George Oundo and Brenda Kiiza, who were
charged with indecent practices.
LGBT persons were also subject to societal harassment and
discrimination.
For example, on March 17, the Uganda Joint Christian Council and
the Family Life Network launched a campaign to curb homosexual conduct
in higher institutions. SMUG accused the organizers of using religion
to attack the LGBT community in the country.
On June 24, the Uganda Coaches Association instituted a code of
conduct that requires members to denounce support for or involvement in
homosexual activity.
In June in Entebbe, activists organized a three-day workshop to
discuss the rights of LGBT persons and ways to address increasing
public resentment against homosexual activity in the country.
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 unionized,
representing approximately 10 percent of workers.
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 several companies did not allow
employees to join 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; and Kibimba Rice Scheme.
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 engaged in organizing strikes
during the year.
For example, in May police in Mukono arrested and later released 31
sugar cane cutters of Lugazi Sugar Corporation during a strike to
protest low pay and poor working conditions.
In February a court in Mukono acquitted 75 workers of Lugazi Sugar
Corporation on charges of destruction of company property during a
strike in November 2008.
The plantation union reported that the four workers from the
Kakonde Tea Estate arrested in 2007 for organizing a strike were
released during the year following negotiations with the management.
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, but a few employers recognized the agreements. 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. There were no reports of antiunion discrimination during the
year. Despite the dismissals of 100 workers from Kasese Cobalt and
another 100 workers from Hwansung, Ltd, for participating in union
activity, the government took no action and did not investigate reports
that employers suppressed union activity.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
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.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employers from hiring workers below the age of 18;
however, statutory orders issued by the MGLSD permit the employment of
children between the ages of 14 and 18, and 13-year-olds are allowed to
engage in ``light work'' provided it does not interfere with education.
Children under the age of 12 are prohibited from being employed in any
business or workplace, and all children are prohibited from being
employed during school hours. Nevertheless, child labor was common,
especially in the informal sector.
Many children left school and 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 the
Bureau of Statistics estimated that more than 1.76 million children,
including 798,451 girls, between the ages of five and 17 (17 percent)
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 MGLSD reported new
incidents of the worst forms of child labor, including children
involved in illicit activities such as cross-border smuggling.
Government officials noted that child exploitation in the informal
sector was of particular concern and was difficult to investigate.
Children were known to be working as subsistence farmers, domestic
servants, and prostitutes.
The ILO and the Federation of Uganda Employers sponsored a January
2008 survey on child labor in the fisheries and tobacco industries that
found that most of the 291 children sampled worked long hours and that
71 percent were involved in hazardous work. Of the children involved
with fisheries, 31 percent worked at night, and all were 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 MGLSD;
however, financial constraints limited efforts. The MGLSD continued to
offer social services to children working in the worst forms of child
labor and other target groups, and it conducted training for staff,
local leaders, and district labor inspectors. Sixty MGLSD district
labor officers reported on child labor issues at the local level. The
government coordinated its efforts to stop child labor through the
National Steering Committee on Child Labor, which included
representatives of the MGLSD, the Ministry of Education and Sports, the
Ministry of Local Government, the Federation of Uganda Employers, the
National Organization of Trade Unions, NGOs, journalists, and
academics. However, due to lack of funds and 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.
e. Acceptable Conditions of Work.--The minimum legal wage was 6,000
shillings ($3.16) per month, a rate set in 1984 that did not provide a
decent standard of living for a worker and family and was not
effectively enforced. The government and the private sector negotiated
a new rate in 2003; however, 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.
In September Mulugeshe Kittan, a manager with AK Plastics,
allegedly assaulted Rashid Kibirango, a machine operator, after he
refused to enter a hot plastic-molding machine. Kibirango reported the
case to police, and a court hearing was pending. Kibirango resigned
after management declined to transfer him to another section.
The MGLSA recorded four deaths due to poor safety practices at
several construction projects during the year.
__________
ZAMBIA
Zambia is a republic of 12.5 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 an October 2008 by-
election, then-vice president Rupiah Banda was elected president in
generally free and fair multiparty elections. Civilian authorities
generally maintained effective control of the security forces.
The government's human rights record remained poor, and it
deteriorated during the year in a few areas. Human rights problems
included an unlawful killing; 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 an unlawful
killing 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 February 22, police officers at Chelstone Police Post in Lusaka
shot and killed 20-year-old student Maybin Chongo as he fled by car.
Police stated that they suspected Chongo was eluding capture. The case
remained pending at year's end.
There were no developments, and none were expected, 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.
There were no developments, and none were expected, in the
following 2007 police killings: the January shooting death of a man
caught siphoning fuel; the February alleged rape and killing of a
female suspect in custody; and the October shooting death of a suspect
who refused to relinquish a fuel container to police.
In 2007 the Lusaka High Court ordered the government to pay the
family of the late Chanda Chayafya 13.36 million kwacha ($2,672) plus
interest as compensation for Chayafya's death. The police killed
Chayafya, a security guard, in 1998. Chayafya was a suspect in the
murder of former finance minister Ronald Penza. Chayafya's family's
lawyers advised the family to appeal the amount of compensation to the
Supreme Court.
Mob violence that targeted suspected criminals, persons accused of
witchcraft, persons suspected of sexual impropriety, or persons with
mental illness resulted in killings; no action was taken against
perpetrators.
In February a mob in Kaoma killed an alleged arsonist and killer
identified as ``Kalaye'' after he attempted to kill a couple with an
assault rifle and burn down their house. Kaoma residents beat him to
death when he attempted to escape from police custody.
There were no developments, and none were expected, 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. No action was
taken in cases of mob killings in 2007.
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 February 5, the Lusaka High Court ordered the government to pay
65.7 million kwacha ($13,140) plus 14 percent interest as compensation
to Godfrey Michelo's family. Michelo died in 2000 in police custody
after a police officer threw a teargas canister into his cell at the
police station in Monze.
On March 16, Kawambwa police detained and assaulted two Copperbelt
University lecturers, Edward Nkonde and Ephraim Munshimfwa, before
releasing them the next day. Police allegedly mistook them for thieves
when the lecturers visited the area on a field research trip.
On July 14, a 27-year-old woman gave birth to a baby boy at Kasama
police station after police detained her for alleged child abuse. The
woman claimed that a police officer denied her bond and that another
female detainee assisted her with delivering the baby. On July 21,
Police Inspector General Francis Kabonde ordered the officer arrested
for unprofessional conduct. Police arrested the officer and charged her
with negligence of duty. The case remained pending at year's end.
On July 27, a police officer shot and wounded Copperbelt University
student Cornelius Mwape as Kitwe police tried to quell student
demonstrations. On July 28, President Banda expressed disappointment
that the police had used live ammunition to quell the protests and
ordered a police review of the incident. No action was taken by year's
end against the officer who allegedly wounded Mwape.
There were no new developments, and none were expected, in the July
2008 alleged police abuse of Monde Naluli. There were no new
developments, and none were expected, in the 2007 case of prisoners
allegedly stripped and beaten by guards at Mufulira State Prison.
There were instances of mob violence reported during the year. On
August 12, Copperbelt University students reportedly beat Konde Mamadi
and destroyed his vehicle for his allegedly having stolen a laptop
computer. Mamadi's case remained pending at year's end.
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. There were no new developments, and none were
expected, in the following 2007 cases: the alleged rape of a 14-year-
old girl on numerous occasions by police officer Sitali Ikowa and the
arrest of a police officer for raping a suspect at Nkana East Police
Station.
Prison and Detention Center Conditions.--Prison conditions were
poor and life threatening. An inefficient judiciary delayed court
proceedings and exacerbated overcrowding. The country's prisons, which
were built to hold 5,500 inmates, held nearly 15,000 prisoners and
detainees. For example, Lusaka Central Prison, which was designed to
accommodate 200 prisoners, held more than 1,500. 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.
Prisoners routinely complained that authorities denied them access
to medical care as provided for by law. Failure to remove or quarantine
sick inmates and the lack of infirmaries at many prisons resulted in
the spread of airborne illnesses such as tuberculosis, leading to the
reinfection and death of prisoners. 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.
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.
Juveniles often were not held separately from adults. 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. Pretrial detainees were not held separately
from convicted prisoners.
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. ICRC visits were performed in accordance with standard
modalities.
In January 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 August 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.
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, 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 for the
first time in several years, only 16,500 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-strong military, 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 and employs
approximately 300 agents to oversee 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. Police released prisoners for bribes, extorted
money from victims, and required ``document processing fees'' or ``gas
money'' to commence investigations. Police enjoyed a high degree of
impunity.
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 November it received 245
complaints regarding police misconduct; 32 were related to unlawful
detention, 72 to unprofessional conduct, 25 to police brutality, 48 to
police inaction, 56 to abuse of authority, and four to death in police
custody. In 27 of the 245 cases, the perpetrator was punished or a
settlement was mediated. The PPCA recommended and imposed punishments
that included fines, demotion in rank, and dismissal. Many cases of
abuse went unreported due to citizen ignorance of the PPCA and fear of
retribution.
Many complainants dropped their cases after involved police
officers intimidated complainants or offered compensation to avoid a
formal PPCA investigation, according to the PPCA.
Security forces failed to prevent limited 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.
On July 13, Lusaka police briefly detained The Post news editor
Chansa Kabwela for allegedly circulating obscene material (see section
2.b.).
Prolonged pretrial detention was a problem, and some defendants
awaited trial for as long as three years. Approximately one-third of
persons incarcerated in prisons had not been convicted of a crime or
received a trial date. Broad rules of procedure give wide latitude to
prosecutors and defense attorneys to request delays or adjournments.
According to human rights groups, prison administrators routinely
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.
For example, Siavonga resident Nobert 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
April 2008 case of alleged unlawful detention of Rachel Bwalya and the
case of Ernest Banda, who had been in detention since 2005.
Amnesty.--On January 16, President Banda commuted the death
sentences of 53 prisoners to custodial sentences or life imprisonment.
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.
For example, on August 31, the Lusaka High Court awarded Patriotic
Front (PF) party leader Michael Sata damages for malicious prosecution.
In 2002 Sata was arrested and indicted for allegedly stealing two motor
vehicles, but a magistrate exonerated him.
The nine-member Supreme Court in Lusaka has final appellate
jurisdiction for all legal and constitutional disputes. The High Court,
with branches based in Lusaka, Ndola, Kitwe, Livingstone, and Chipata,
is second in jurisdiction to the Supreme Court and regularly held
mobile court sessions in all nine provincial capitals. The High Court
has primary jurisdiction over civil litigation and criminal matters
relating to treason, murder, and aggravated robbery, and it has
appellate authority in cases referred to it from lower courts. High
Court decisions can be appealed to the Supreme Court. The High Court
handles parliamentary election petitions; the Supreme Court has
jurisdiction over presidential election disputes. One Supreme Court
justice is chairperson of the Electoral Commission of Zambia.
The Justice Ministry oversees 75 lower magistrate courts
countrywide that have original jurisdiction in some criminal and civil
cases and limited appellate authority over matters referred to them
from local courts. Local or customary courts heard most civil and petty
criminal cases in rural areas.
The military forces have a separate court with jurisdiction over
military cases. Accused military personnel may appear for summary trial
before their commanding officers or be referred for trial 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 and generally 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 his
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.
On September 17, the Lusaka High Court dismissed a petition 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. Kabwe and Chungu, who were convicted August 17 in
a corruption case brought against them and former president Frederick
Chiluba, had submitted their petition following a June 9 Supreme Court
decision to allow their corruption cases to proceed (see section 4).
There were 150 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, 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.
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 and the ZSIS authority to monitor
communications using wiretaps based on probable cause.
Authorities sometimes detained, interrogated, and physically abused
family members of criminal suspects to obtain their cooperation in
identifying or locating suspects.
In January the Lusaka High Court ordered the DEC to pay Christine
Luunga of Mwenda-Lice 12 million kwacha ($2,400) for unlawful
imprisonment. The court found that DEC agents illegally arrested and
detained her at Kabwata Police Station in Lusaka after failing to
arrest her husband, Levy Hamalala, for allegedly cultivating marijuana.
Agents released Luunga after Hamalala turned himself in to Lusaka
police.
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 a car honk-and-whistle
campaign by arresting nine individuals for disturbing the peace (see
section 2.b.). 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, and although these circulated without government
interference, officials used the law to suppress criticism of political
or other leaders. Government officials and ruling MMD 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 print 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.
Ruling party supporters harassed independent journalists. On
February 28, MMD supporters assaulted Thomas Nsama, a photojournalist
at The Post, at Chipata Airport while he covered President Banda
welcoming South African President Zuma. No charges were filed. On May
2, MMD supporters assaulted The Post journalists George Chellah and
Eddie Mwanaleza at Lusaka City Airport while they covered the return of
President Banda. No charges were filed against those involved in the
assault. On May 17, Minister of Information and Broadcasting Ronnie
Shikapwasha defended the harassment of The Post journalists by saying
that ``they were reaping what they sowed.'' He claimed that the
criticism of the president was unjustified and accused the newspaper of
``promoting discontent in the country.'' On July 29, MMD Lusaka
Province Youth Chairman Chris Chalwe assaulted The Post journalist
Chibaula Silwamba and Times of Zambia reporter Anthony Mulowa as they
covered President Banda's arrival at Lusaka International Airport. On
August 6, the Lusaka Magistrate's Court released Chalwe on bail. His
case remained pending at year's end. On August 7, Shikapwasha justified
violence against journalists by MMD supporters, saying ``President
Banda's supporters demand that the president be given due respect by
The Post.'' Shikapwasha warned that ``unless the media operated within
the set confines of their profession,'' the public would be forced to
call for a statutory body to regulate the media.
On July 13, police arrested The Post news editor Chansa Kabwela and
charged her with circulating obscene material. Kabwela received photos
of a woman giving birth on the sidewalk outside a hospital shuttered
due to a healthcare workers' strike, and later Kabwela sent the
unpublished photos to government, women's groups, and church leaders to
raise awareness of hospital conditions during the strike. On November
16, Lusaka Chief Magistrate Charles Kafunda acquitted Kabwela. On July
28, Vice President Kunda dismissed chairperson Tamala Kambikambi and
spokesperson Amos Chanda from the National Governing Council of the
African Peer Review Mechanism, a voluntary organization that assesses
countries' adherence to international and African human rights
standards, for publicly supporting Kabwela.
On September 2, Lusaka Chief Magistrate Charles Kafunda found The
Post deputy editor Sam Mujuda guilty of contempt of court and issued an
arrest warrant for Post editor Fred M'membe for publishing an editorial
written by Cornell University law professor Muna Ndulo that criticized
the Kabwela case. On September 25, Lusaka High Court Judge Albert Wood
overturned Kafunda's ruling. On October 14, prosecutors submitted the
case to a different magistrate, David Simusamba. On November 18,
Simusamba ordered M'membe's case reinstated, and his trial began on
December 4. At year's end the trial continued.
There were no new developments, and none were expected, in Deputy
Secretary to the Cabinet Robert Mataka's 2007 defamation suit against
the Zambian Watchdog newspaper.
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 July 27, Minister of Information and Broadcasting Shikapwasha
threatened to close the Sky FM radio station in Monze for broadcasting
``unpalatable remarks'' from a radio listener criticizing President
Banda and the visiting King Mswati III of Swaziland.
On September 5, Minister Shikapwasha warned television and radio
stations in a press statement that they risked having their licenses
revoked if they broadcasted material outside the parameters of the
provisions of their licenses. Shikapwasha further indicated that the
government would investigate reports that television station MUVI TV
and some private radio stations circumvented the provisions of their
broadcasting licenses by using digital satellite technology to
broadcast countrywide. On October 11, Shikapwasha accused The Post of
encouraging individuals to participate in live call-in programs on Sky
FM radio.
There were no developments, and none were expected, in the
investigation of Cabinet Protocol Officer Lovewell Jere's 2007 barring
of local journalists from covering the Southern African Development
Community Summit.
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 2008, approximately 5.5 percent
of the country's inhabitants used the Internet.
During the year the government revoked the visa of a foreign
national living in Zambia who criticized a deputy minister on her blog.
The government threatened to deport another foreign national who posted
remarks on the Internet deemed critical of the government.
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 arbitrarily
change the time and date of rallies, particularly of opposition
political parties and NGOs, and did so during by-election campaigns
during the year.
Unlike in previous years, there were no cases of police using
violence to break up protests.
On October 2, police arrested nine individuals, including PF
members of parliament (MPs) Mumbi Phiri and Jean Kapata, in Lusaka for
protesting the acquittal of former president Frederick Chiluba with car
honks and whistles (see sections 2.a and 4). They were released on
October 7.
There were no developments in the May 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 Ministry of
Home Affairs' 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, although it deregistered the
Islamic Council of Zambia and threatened to deregister organizations
that had not paid fees or were otherwise not in compliance with the law
(see section 2.c.). On August 26, the government enacted the NGO Law
regulating NGOs operating in the country (see section 5).
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice. Although the constitution declares the country to be a
Christian nation, the government generally respected the right of all
religious groups to worship freely.
On October 4, the registrar of societies deregistered the Islamic
Council of Zambia for violating the constitution and infighting between
members related to accusations by one faction of financial
improprieties.
The government required the registration of religious groups and
approved all applications for registration from religious groups
without discrimination.
Societal Abuses and Discrimination.--There were approximately 80
persons in the Jewish community and no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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, 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 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 is a party to the 1951
Convention relating to the Status of Refugees, the 1967 Protocol
relating to the Status of Refugees, and the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. The law provides for asylum based on these conventions and
protocol.
The law provides for the granting of asylum or refugee status, and
the government has established a system for providing 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. 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 migrants.
According to the UNHCR, at year's end the country hosted 64,000
refugees, mainly from Angola and the Democratic Republic of Congo.
During the year the government assisted in the repatriation of 16,000
Congolese refugees. Refugees 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 with the right to change
their government, and citizens exercised this right in practice through
periodic elections held on the basis of universal suffrage.
Elections and Political Participation.--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. After Banda defeated lead opposition
candidate and PF leader Michael Sata by 35,209 votes, Sata petitioned
the Supreme Court to request a recount. On March 11, the court ruled
against Sata's petition and affirmed Banda's election on April 27. In
its ruling, the Supreme Court dismissed Sata's allegations of election
irregularities, stating that Sata submitted insufficient evidence of
anomalies in the counting, compilation, and transmission of election
results.
The constitution requires all elected officials except the
president and vice president to vacate their offices one month 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.
On August 13, MMD candidate Solomon Musonda was elected the MP
representing Chitambo. Reportedly, violence occurred during an
altercation between Deputy Minister Gaston Sichilima from the Office of
the Vice President and a United National Independence Party supporter.
Some observers alleged that ruling party supporters engaged in vote
buying, misused government vehicles, distributed food and clothing for
partisan purposes, and promised local development projects to entice
voters to the polls.
On October 15, PF candidate Geoffrey Bwalya Mwamba was elected the
MP representing Kasama Central following the resignation of the
incumbent MP from the PF to form his own political party. On October
14, violence reportedly occurred during an altercation between MMD and
PF supporters. As in the Chitambo by-election, some observers alleged
that MMD supporters engaged in vote buying and misuse of government
resources for partisan purposes. On October 14, opposition supporters
chased Minister of Commerce, Trade, and Industry Felix Mutati and
Minister of Health Kapembwa Simbao from a Kasama market where they were
allegedly engaging in vote buying.
On November 19, United Party for National Development (UPND)
candidate Watson Lumba was elected the MP representing Solwezi Central
following the September 5 death of incumbent MP and Minister of Housing
Ben Tetamashimba. Violence occurred during reported altercations
between MMD and UPND supporters. As in other by-elections during the
year, some observers alleged that ruling party supporters engaged in
vote buying and similar abuses 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 political influence over
the electoral process by using government resources to conduct
political campaigns.
There were 21 women in 158-seat parliament, three in the 27-member
cabinet, and three 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.
The National Constitutional Conference (NCC) continued to meet
throughout the year to consider the draft constitution proposed by the
2005 Mung'omba Constitutional Review Commission. Some civil society
groups, including large umbrella organizations representing women's and
church groups, maintained their boycott of the NCC in protest of what
they perceived as disproportionate government and ruling party
representation. On September 7, President Banda extended the NCC's
mandate through April 2010.
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.
The World Bank's latest worldwide governance indicators reflected
that corruption was a serious problem; however, the government made
some improvements in fighting it. On August 27, the government
announced its National Anti-Corruption Policy. The Anti-Corruption
Commission (ACC), which reports independently to the president, is
responsible for combating government corruption. On October 30, Vice
President Kunda disbanded the Task Force for Corruption (TFC), which
prosecuted cases of corruption committed during then-president
Chiluba's administration, and assigned its duties to the ACC. The
disbandment drew criticism from some civil society representatives as a
sign that the government would not prosecute Chiluba-era corruption
cases. The government continued its collaboration with the
international community to improve its capacity to investigate and
prevent corruption. Parliamentary committees sustained their scrutiny
of executive branch operations, and the ACC continued its prosecution
and public educational activities. During the year the ACC received
2,073 reports of corruption, 658 of which were investigated. Of those,
17 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 the disposal of
confiscated assets, and the process to liquidate assets seized in the
anticorruption campaign was not transparent. Public officials were not
subject to financial disclosure laws, although presidential candidates
were required to disclose financial assets when filing their
candidacies with the Supreme Court.
During the year the ACC and TFC prosecuted several military
commanders and government officials for corruption.
On January 12, a judge convicted former air force commander
lieutenant general Christopher Singogo of embezzlement and abuse of
authority and sentenced him to six years' imprisonment with hard labor.
Singogo was convicted on a second abuse of authority charge on February
26 and sentenced to an additional five years' imprisonment with hard
labor. Both cases remained on appeal at year's end.
On February 14, 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. The case remained on
appeal at year's end.
On March 2, a judge convicted former army commander lieutenant
general Georjago Musengule of 12 counts of corruption and abuse of
authority and sentenced him to 16 years' imprisonment with hard labor.
Musengule's accomplice, Base Chemicals Zambia Limited chief executive
officer Amon Sibande, was convicted in the same case and sentenced to
three years' imprisonment. The case remained on appeal at year's end.
On March 3, 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. Her appeal remained pending,
and she remained free on bail.
On March 3, a judge convicted former air force commander lieutenant
general Sande Kayumba of corruption and sentenced him to seven years'
imprisonment with hard labor. His accomplices, former air force chief
of logistics brigadier general Andrew Nyirongo and base executive Amon
Sibande, were also convicted of corruption in the same case and
sentenced to seven years' imprisonment with hard labor. On May 4,
Kayumba was also convicted of abuse of authority and sentenced to two
years' imprisonment with hard labor.
On May 13, the ACC announced that it was investigating allegations
of embezzlement of more than 35.7 billion kwacha ($7.14 million) at the
Ministry of Health by 32 ministry officials. The case remained pending
at year's end.
On August 17, Magistrate Jones Chinyama acquitted former president
Chiluba of embezzling 2.5 billion kwacha ($500,000) in public funds. At
the same hearing the magistrate convicted two Chiluba accomplices,
Faustin Kabwe and Aaron Chungu, of embezzlement in the same case and
sentenced them to five years in prison. On August 24, TFC Director Max
Nkole appealed the Chiluba case to the High Court. On August 25,
President Banda dismissed Nkole and named ACC Chairperson Godfrey
Kayukwa acting TFC director, and Director of Public Prosecutions Chalwe
Mchenga withdrew Nkole's appeal. On August 19, Chiluba appealed for an
unprecedented reinstatement of his political immunity. On September 23,
Vice President Kunda asserted that the government would not appeal
Chiluba's acquittal.
As of year's end the attorney general had not registered in the
Zambian courts a British court's 2007 finding that Chiluba, his wife
Regina, and several accomplices' misappropriated 164 trillion kwacha
($32.8 million) in public funds.
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 ad hoc 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.
Major local, independent human rights NGOs included the LRF, Jesuit
Centre for Theological Reflection, Women for Change, NGO Coordinating
Council, Civil Society for Poverty Reduction, and Southern Africa
Center for Constructive Resolution of Disputes.
On August 26, the government enacted a law to regulate NGOs. 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. At year's end the government had not implemented the law, and
there had been no cases where the law had directly restricted NGO
operations.
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.
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 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 2008 the ZPS's Victim
Support Unit (VSU) recorded 229 cases of rape, 34 cases of attempted
rape, and 141 cases of indecent assault; 72 defendants were convicted,
four were acquitted, and three cases were withdrawn. 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 sexual assault range from two 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 report that this meant the true 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 that the unit lacked equipment to analyze forensic
evidence. The government operated gender-based violence shelters, a
toll-free hotline, and six 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 120 police officers.
Although prostitution is not illegal, the penal code criminalizes
certain conduct associated with prostitution. Police routinely arrested
street prostitutes for loitering. Prostitution was prevalent in major
cities. Sex tourism occurred but was not prevalent.
Sexual harassment was common. The law prohibits sexual harassment
in the workplace, and 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, and that lack 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 obstetric and postpartum care. 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.
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 Gender in Development Division in the cabinet office is
the government's agency especially charged with promoting the status of
women.
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 if the first wife agrees to it
at the time of her wedding or both families agree and the man has paid
a dowry. 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 relatives 10 percent. The widow's
share must be divided proportionally with other women who can prove a
spousal relationship with the deceased man. 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 handed down were low.
Children.--The Ministries of Labor and Social Security (MLSS),
Sport, Youth, and Child Development (MSYCD), Community Development and
Social Services (MCDSS), 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. The ICRC indicated in 2002 that fewer than 10
percent of 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 and carnal knowledge of a child
under the age of 16,'' was particularly common. The police VSU recorded
1,224 defilement cases in 2008; prosecutions resulted in 150
convictions and seven acquittals.
Child marriage was a minor problem and was not common. 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. Magistrates' courts intervened in cases of gross
abuse.
The law criminalizes child prostitution and child pornography with
penalties of up to life imprisonment. 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. Approximately 1.2 million children under the age of 15 were
orphaned, including an estimated 800,000 as a result of HIV/AIDS. These
children faced greater risks of child abuse, sexual abuse, and child
labor. Approximately 75 percent of all households cared for at least
one orphan, and orphaned children headed an estimated 7 percent of
households.
An estimated 20,000 to 30,000 children lived on the streets, often
begging or prostituting themselves to survive. The MCDSS' 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. In 2007 the CPU
reintegrated 346 street children with their families, sent 234 children
to school, and placed 185 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. In 2007 the transfer program
benefited 7,476 households. 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 are placed in youth resource centers throughout the country,
where they receive training in carpentry, tailoring, farming, and other
trades.
Trafficking in Persons.--The law prohibits trafficking in persons
for all purposes, including transporting, receiving, and harboring of
trafficking victims. However, the country was a source, transit point,
and destination for trafficked persons, and internal trafficking
occurred. Victims, principally women and children from rural areas,
were trafficked within the country and to other parts of Africa and to
Europe, and the country was used as a transit point for regional
trafficking.
The government did not collect or maintain data on the extent or
nature of trafficking; however, trafficking, particularly in the form
of child prostitution, was believed significant. A 2007 International
Labor Organization (ILO) study on child trafficking in the country
concluded that trafficking was predominantly domestic and informal. The
ILO noted that children were often trafficked as a source of cheap
labor and that girls were more at risk of being trafficked than boys.
The ILO indicated that traffickers frequently included parents,
other relatives, truck drivers, businesspersons, traders, and religious
leaders. Traffickers often used false promises of employment to entice
victims to leave their homes and families and then forced them into
prostitution or domestic service.
The law provides for penalties of 25 years' to life imprisonment
for those convicted of human trafficking. Law enforcement and
immigration officers had varying levels of knowledge about trafficking,
a problem exacerbated by the challenge of monitoring extensive and
extremely porous borders. The government assisted with international
investigations or extradited citizens who were accused of trafficking
in other countries. The government investigated one case of trafficking
and convicted one trafficker in 2008.
Through its social welfare agencies, the government provided
counseling, shelter, and protection to victims of child prostitution or
referred victims to NGOs that provided such services. In some cases
victims were placed in protective custody at rehabilitation centers or
victim support shelters operated by NGOs.
The government did not knowingly detain, jail, deport, or prosecute
victims for violations of other laws. When trafficking investigations
substantiated allegations, the government encouraged victims to assist
with investigation and prosecution. The government did not have its own
means of protecting victims and witnesses; however, it arranged for
protective custody and security protection through facilities operated
by NGOs.
The government did not have programs that specifically targeted
trafficking, although law enforcement officers attended training
courses that raised awareness of the problem. A government interagency
committee on human trafficking, chaired by the Ministry of Home
Affairs, met during the year to promote coordination and information
sharing among agencies. Government agencies responsible for combating
trafficking included the police, immigration authorities, and the
Ministries of Justice, Labor and Social Services, and Education.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination in
general, but there is no law that specifically prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, or the provision of other state
services or in other areas. 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. On September 19, The Post reported that conditions
at the country's only mental health facility, Chainama Hills Mental
Hospital, were generally good.
Indigenous People.--The country's seven major indigenous groups--
Bemba, Kaonde, Lozi, Lunda, Luvale, Ngoni, and Tonga--are divided into
73 ethnic subgroups. Indigenous persons participated in decisions
affecting their lands, cultures, traditions, and the exploitation of
energy, minerals, timber, or other natural resources on indigenous
lands. The government effectively 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 indigenous people by
encouraging the practice of local customary law. Some political parties
maintained political and historical connections to indigenous groups
and promoted their interests.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
homosexual behavior and provides penalties of up to 14 years'
imprisonment for individuals who engage in homosexual acts. The
government enforced the law that criminalizes homosexual conduct and
did not respond to societal discrimination. Societal violence occurred
based on sexual orientation, and societal discrimination based on
sexual orientation occurred in employment, housing, or access to
education or health care. There were no known cases of lesbian, gay,
bisexual and transgender persons becoming stateless because of their
sexual orientation. There were active groups promoting rights of such
persons, but the Ministry of Home Affairs' Registrar of Societies
continued to refuse to register them. Groups held social gatherings but
did not participate in open demonstrations or marches.
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 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 October 5, the High Court agreed to hear a case in which two
former air force officers, Stanley Kingaipe and Charles Chookole, had
sued the air force for dismissing them because they were diagnosed HIV-
positive. Kingaipe and Chookole alleged that the air force tested them
for HIV in 2001 without their knowledge or consent and later dismissed
them.
Individuals increasingly sought free access to HIV/AIDS counseling
and testing, and more than 200,000 HIV patients 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 for 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 service, and the ZSIS. The law further defines essential
services as any activity relating to the generation, supply, or
distribution of electricity; the supply and distribution of water and
sewage removal; fire departments; and the mining sector. Because the
process of exhausting other legal alternatives to striking was 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.
During the year the government established Multi-Facility Economic
Zones in Lusaka and Chambishi. There are no known special laws or
exemptions from regular labor laws in these 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. 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.
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, quarries, mines,
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,
military conscription, 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 is responsible for the implementation and enforcement of
child labor laws and regulations. The MLSS can bring charges that
provide for penalties ranging from a fine to a maximum three months'
imprisonment, or both, for violations. Labor inspectors may also enter
family homesteads and agricultural fields to check for child labor
violations.
Because more than 85 percent of child labor 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. By year's
end local governments had established 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
and to mobilize communities to eliminate the worst forms of child
labor.
The government continued to provide awareness and training
activities for officials charged with enforcing child labor laws;
however, the MLSS reported that resource constraints prevented it from
providing all required training. The government participated in several
projects to combat child labor and had generally been supportive.
During the year a government-supported project to withdraw 3,000
children from exploitive work and prevent 7,000 other children from
entering it through the provision of education and training services
concluded. A second multinational project to combat child labor through
education continued at year's end.
e. Acceptable Conditions of Work.--The minimum wage in the formal
sector was 268,000 kwacha ($53.6) 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
nonunionized minimum wage. The standard workweek was 40 hours, and
there were limits on excessive compulsory overtime, depending on the
work category of work. The law requires required 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 January 14, the government closed operations at the Chinese
Collum Coal Mine in Sinazongwe after two miners died in two mine
accidents caused by poor safety conditions. The mine was reopened on
February 23 after the mine owners complied with the required safety
rules.
The law protects the right of workers to remove themselves from
work situations that endangered health or safety without jeopardy to
their continued employment, but workers did not exercise this right in
practice. The government acted when well-known occupational health
problems existed, such as by requiring that underground mine workers
receive annual medical examinations.
__________
ZIMBABWE
Zimbabwe, with a population of approximately nine million, is
constitutionally a republic, but the government, dominated by President
Robert Mugabe and his Zimbabwe African National Union-Patriotic Front
(ZANU-PF) since independence, was not freely elected and was
authoritarian. The last four national elections--the presidential
election in 2002, 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 aligned with 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 between ZANU-PF and
the two MDC factions on a power-sharing government. 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-elect. On February 11,
Tsvangirai was sworn in as prime minister. On February 13, new cabinet
ministers and deputy ministers from MDC-T, MDC-M, and ZANU-PF 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 opposition party members and
supporters and obstructed their activities. The Joint Operation
Command, a group of senior security and civilian authorities,
maintained control of the security forces and often used them to
repress opposition to ZANU-PF.
Security forces, the police, and ZANU-PF-dominated elements of the
government continued to engage in the pervasive and systematic abuse of
human rights. 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. Politically motivated, arbitrary, and
unlawful killings by government agents continued. State-sanctioned use
of excessive force continued, and security forces tortured members of
the opposition, student leaders, and civil society activists with
impunity. Security forces continued to refuse to document cases of
political violence committed by ruling party loyalists against members
of the opposition. Prison conditions improved but remained harsh and
life threatening. Security forces, who regularly acted with impunity,
arbitrarily arrested and detained the opposition, members of civil
society, labor leaders, journalists, demonstrators, and religious
leaders; lengthy pretrial detention was a problem. Executive influence
and interference in the judiciary continued. The government continued
to use repressive laws to suppress freedom of speech, press, assembly,
association, and movement. The government restricted academic freedom.
Government corruption remained widespread. High-ranking government
officials made numerous public threats of violence against
demonstrators and members of the opposition. The government continued
to evict citizens and to demolish homes and informal marketplaces.
Thousands of citizens were displaced in the wake of increasingly
violent farm invasions, and the government impeded nongovernmental
organization (NGO) efforts to assist the displaced and other vulnerable
populations. The following human rights violations also continued:
violence and discrimination against women; trafficking of women and
children; discrimination against persons with disabilities, ethnic
minorities, 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.--The government or
its agents committed politically motivated, arbitrary, and unlawful
killings during the year. By year's end at least 19 citizens had 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
200 who died in 2008. At least three persons were killed as a result of
politically motivated violence during the year. The MDC-T continued to
claim that approximately 200 other members and supporters were missing
and presumed dead in the wake of election-related violence in 2008. 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. NGOs also estimated security forces killed at least 40
persons in the Chiadzwa diamond fields in Manicaland Province during
the year.
Security forces killed opposition members during the year. On
August 30, MDC-T activist Godknows Dzoro Mtshakazi was beaten to death
by four soldiers in Shurugwi, Midlands Province, after being accused
along with several other MDC-T members of organizing an MDC-T rally and
playing a pro-MDC-T song in a bar. The four soldiers assaulted the
group before taking Mtshakazi to a nearby army base, where he was
beaten further and killed, according to witnesses. The soldiers
subsequently sent word to Mtshakazi's wife to collect her husband's
body. There was no further investigation by year's end.
Security forces continued to engage in extralegal killings in
connection with illegal diamond mining. For example, on March 30,
Takunda Neshumba died as a result of being tortured in police custody.
Neshumba was visiting a relative near the Marange diamond fields when
he was abducted by soldiers who turned him over to a police officer,
who subsequently beat him over the course of several days. According to
a post-mortem report, Neshumba died as a result of severe injuries to
his feet, wrists, hands, buttocks, and lower back. Neshumba's family
requested an investigation by the police station that facilitated the
post-mortem exam. No further action had been taken by year's end.
On June 21, 20-year-old Barnabas Makuyana was illegally digging for
diamonds in Marange when he and a friend were captured by soldiers.
Soldiers beat them for 16 hours until Makuyana died from his injuries.
The friend then carried Makuyana's body to a hospital mortuary, where
Makuyana's family could only identify his disfigured body from his
clothing. Police refused to issue a post-mortem report to the family.
No further action had been taken by year's end.
On September 5, soldiers captured and beat Moreblessing Tirivangani
at a military base in Chiadzwa; Tirivangani died from his injuries.
Police transported Tirivangani's body to a morgue and reported that he
was captured while attempting to disarm a soldier in the diamond fields
in Marange. However, witnesses reported the soldiers seized Tirivangani
when they found him in the mining area after an army-imposed curfew.
There were no further developments in the case.
In late 2008 security forces undertook a major operation to kill
illegal diamond miners in the Marange/Chiadzwa area of Manicaland to
ensure the government retained the proceeds from diamond sales.
According to a July report by the international NGO Human Rights Watch
(HRW) entitled Diamonds in the Rough: Human Rights Abuses in the
Diamond Fields of Marange, at least 214 informal diggers were killed in
the operation, known as Operation Hakudzokwi, meaning ``you will not
return.''
There were killings by political party supporters during the year.
For example, on July 30, 16-year-old Arnold Mosterd died after being
beaten by ZANU-PF supporters in Macheke, Mashonaland East. Mosterd was
reportedly killed after he asked for outstanding wages from a local
ZANU-PF chairman, Harry Munetsi. According to villagers, seven suspects
who had previously accused Mosterd of supporting the MDC, tied Mosterd,
cut his chin with a knife, and pierced his stomach with hot iron bars
before carrying his dead body in a wheelbarrow to the road. The
suspects were arrested, but Minister of State in the President's Office
Didymus Mutasa reportedly ordered the release of the suspects on bail
three days later. Mutasa also allegedly told villagers to ``deal with''
strangers who visited the area inquiring about the killing, as they
would be MDC supporters. No further action was taken by year's end.
Despite the more than 200 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 400 civil suits in
the High Court against perpetrators for wrongful deprivation of life;
all were pending at year's end.
There were no other developments in previously reported killings
from 2007 or 2008.
b. Disappearance.--There were numerous 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 opposition and civil society
members, as well as student leaders, as part of an effort to intimidate
MDC supporters and civil society members and leaders. 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 and tortured for one or two days, and abandoned. In some
cases the abducted person was located in police custody days or weeks
later.
For example, on March 11, in Mudzi, ZANU-PF supporters abducted an
MDC-T leader and took him to a nearby ZANU-PF base, where they beat him
on the buttocks with sticks while accusing him and his family of
supporting the MDC-T. The MDC-T leader was forced to listen to ZANU-PF
propaganda throughout the day. Upon his release, he discovered that
ZANU-PF supporters had stolen one of his cows and eight goats. That
night the ZANU-PF supporters returned to the MDC-T leader's homestead
and again took him to the base and beat him. He received medical
treatment for his infected wounds and reported the incident to police.
No further action had been taken by year's end.
On May 17, suspected ZANU-PF youths abducted and tortured an MDC-T
party chairperson from Sicola Farm in Wedza North after the chairperson
attended an MDC-T meeting at which the prime minister was present. The
victim was reportedly taken to the house of the local ZANU-PF
chairperson, where firewood was used to burn his hands and foot; he was
released the following day, and no action was taken in the case.
On May 18, in Mashiri village in Mashonaland Central, suspected
Central Intelligence Organization (CIO) agent Chamunorwa Shutu ordered
four ZANU-PF youths, Rodrick Kanengoni, Nyashadzashe Kanengoni, Munetsi
Kanengoni, and Chamunorwa Shutu, to abduct 13 MDC-T supporters for
allegedly holding an MDC-T meeting. The 13 had attended a May 16
memorial service to commemorate the deaths of six MDC-T activists who
were killed by ZANU-PF officials and war veterans at Chaona Primary
School in May 2008. The youths abducted and severely beat the 13 MDC-T
supporters; all sustained serious injuries, and one underwent surgery
for his wounds. Subsequently, the MDC-T supporters were arrested and
charged with assaulting the same four ZANU-PF youths who had abducted
them. On September 10, magistrate Feresi Chakanyuka found 11 of the
MDC-T supporters guilty of assault; they were sentenced to pay fines of
$20 and did not appeal. Two others were acquitted. The four ZANU-PF
youths and Shutu were also arrested and charged with assault; their
trial was postponed indefinitely after Magistrate Charles Murove
recused himself from the case on September 25, reportedly under
pressure from Shutu. The case was referred to the attorney general; no
decision had been made by year's end.
Several abductions were committed by MDC supporters in retaliation
for ZANU-PF initiated violence. For example, on February 6, in Buhera
South, suspected MDC supporters abducted a ZANU-PF party activist from
Chinyoka Vvillage, forced him to march to nearby hills, and reportedly
tied him to a tree and beat him.
The government seldom investigated reported abductions.
Multiple 2008 court cases against 18 persons, 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 in December 2008, continued during the year. Medical
examinations confirmed injuries consistent with torture. On January 26,
a magistrate dismissed a January 21 affidavit filed by State Security
Minister Didymus Mutasa that sought to block an investigation into the
abductees' allegations. Police were ordered to investigate the
allegations and report to the court on February 9; at year's end no
report had been made available. During the year the abductees were
denied medical treatment in violation of high court orders, and their
court cases were repeatedly delayed in an apparent effort to prevent
details of their abductions from becoming public.
On January 6, the government filed charges of sabotage against
seven of the abductees--freelance journalist Andrison Manyere and MDC-T
activists Gandhi Mudzingwa, Zacharia Nkomo, Chinoto Zulu, Chris
Dhlamini, Mapfumo Garutsa, and Regis Mujeyi, also known as the
``bombers''--for alleged involvement in various 2008 police station and
railroad bombings. All seven continued to face charges at year's end.
On January 16, Justice Tedius Karwi ruled that the seven should be
allowed medical treatment by a medical practitioner of their choosing
outside of Chikurubi Maximum Security Prison, where the men were being
held. This was the third high court order granting them medical
treatment after two other orders were issued in 2008. On February 6,
Andrisson Manyere, Ghandi Mudzingwa, and Chris Dhlamini were taken to a
private hospital and granted medical treatment. However, prison
officials interrupted the examination and took the men back to
Chikurubi Prison. During the brief examination, doctors identified
serious medical conditions that required hospitalization. On February
12, prison officials took Mudzingwa back to the hospital. On February
16, a high court judge issued another order directing prison officials
to take all seven men to a private clinic for treatment; however, only
Nkomo and Zulu were taken. On February 19, Justice Yunus Omerjee
granted four of the seven men bail; however, the government immediately
blocked their release by notifying the judge of its intent to appeal.
On February 27, the defense lawyers alerted the judge that the
government had not yet filed its appeal. Justice Yunus Omerjee then
informed the defense lawyers that the February 19 bail order remained
valid. On March 4, Nkomo, Zulu, Garutsa, and Mujeyi were released after
meeting the strict bail requirements. On February 27, Dhlamini was
admitted to the hospital under prison guard where he was held with
Mudzingwa and Manyere. On April 9, Justice Charles Hungwe granted
Dhlamini, Mudzingwa, and Manyere bail; however, the government again
blocked their release by notifying the court of its intention to appeal
to the Supreme Court. When the government failed to lodge the appeal
within the legally mandated seven days, the remaining three were
released on April 17.
Upon Dhlamini, Mudzingwa and Manyere's release, prison guards
outside Mudzingwa and Dhlamini's room in a local hospital returned
their personal belongings to them and left the hospital. Although
Mudzingwa and Dhlamini had been granted bail, prison guards resumed
guarding their hospital room on April 20, citing ``instructions from
above.'' On April 30, Justice Bharat Patel issued a high court order
ruling that the Easter weekend public holidays had extended the seven-
day period for the government to note its bail appeal. Authorities
subsequently arrested Dhlamini and Mudzingwa's lawyer, Alec
Muchadehama, and court clerk Constance Gambara, who had prepared the
orders of release on April 17(see section 1.d.).
On January 7, in a separate case against some of the 18 abductees,
nine persons--Zimbabwe Peace Project (ZPP) Director Jestina Mukoko, ZPP
officer Broderick Takawira, and MDC-T activists Fidelis Chiramba,
Concillia Chinanzvavana, Emmanuel Chinanzvana, Pieta Kaseke, Violet
Mupfuranhehwe, Collen Mutemagu, and Audrey Zimbudzana, known as the
``recruiters''--were accused of recruiting persons to commit terrorism
and banditry, including the recruitment of insurgents to train in
Botswana for an alleged armed uprising against the Zimbabwean
government. Two other abductees, Tawanda Bvumo and Pascal Gonzo, were
ordered released without charge in December 2008. However, despite the
court order, prison officials did not release Bvumo until January 23
when another judge ordered his release. Gonzo was released after a
judge again ordered his release on February 5.
These abductees experienced similar delays in accessing medical
care while in custody. On January 20, authorities at Chikurubi Prison
allowed Mukoko to see a doctor of her own choosing at a private
hospital. Her doctor found that she was extremely hypertensive and
needed to be checked every four hours. Against her doctor's
recommendations, prison officials returned Mukoko to the prison the
same day, where she was taken to the prison medical unit and held in
leg irons for 24 hours. On February 6, 72-year-old Chiramba was granted
access to medical care; on January 30, a magistrate ordered that he be
granted same-day medical treatment. Shortly after arriving at the
private hospital, Chiramba was abruptly returned to prison by
officials. On February 12, prison officials again brought Mukoko and
Chiramba to the hospital but returned them to the prison several hours
later. Later that evening, prison officials relented and again
transported Chiramba and Mukoko to the hospital. On February 13,
another magistrate again ordered prison officials to grant Mukoko and
Chiramba access to medical care at a private hospital until their own
doctors deemed them fit to return to prison. During the February 13
hearing, a prison doctor testified that Chiramba and Mukoko suffered
from serious conditions that could not be controlled at the prison
clinic. The doctor also testified that Mukoko suffered from
thrombophlebitis, swelling consistent with beating on the soles of the
feet. On February 27, a magistrate granted bail to the nine abductees
accused of recruiting others to launch an armed insurgency. They were
released in subsequent days after meeting strict bail requirements.
On May 4, the attorney general formally indicted 16 of the
abductees, including the seven alleged ``bombers'' and the nine alleged
``recruiters.'' In the May 4 hearing, the prosecutor applied for the
group to be recommitted to prison, arguing that the presentation of
their indictments for trial cancelled their bail. On May 5, magistrate
Catherine Chimwanda refused to hear evidence from the Attorney
General's Office about the February 27 bail agreement or to allow the
defense to call two witnesses who had been subpoenaed. She declined to
entertain further argument and granted the prosecutor's application to
commit the abductees to prison. Consequently, the 13 abductees who had
previously been released on bail were sent back to Chikurubi Prison.
Three other abductees--Dhlamini, Mudzingwa, and Manyere--remained in
private medical facilities under prison guard. On May 6, the attorney
general told the abductees' lawyers he no longer opposed bail, and
after a hearing the same day the government consented to the
reinstatement of bail for these 13 abductees on the same conditions; on
May 6, the 13 were rereleased. On May 13, Dhlamini, Mudzingwa, and
Manyere were granted bail by Justice November Mtshiya. Two journalists
were arrested after publishing the names of the security officials
involved in the abduction and torture of these abductees (see section
2.a.).
The 16 abductees facing banditry and terrorism charges were
scheduled to be tried in three different groups in June and July; their
trials were delayed pending appeals to the Supreme Court. The first
appeal, filed by Jestina Mukoko, was heard by the Supreme Court on June
24. Mukoko argued that her abduction, torture, and illegal detention in
December 2008 constituted such a grave violation of her human rights
that the court should permanently stay the prosecution's case against
her. During the hearing Mukoko's lawyers described her abduction and
torture in detail; the government's lawyer conceded that the details
presented by Mukoko's lawyer were generally accurate. On September 28,
the Supreme Court issued a unanimous ruling that Mukoko's
constitutional rights were violated to such an extent that a permanent
stay of the prosecution against her was warranted, and the case was
dropped. An additional 15 abductees' appeals to the Supreme Court were
pending at year's end.
Mukoko and other abductees separately sued two cabinet ministers
and the security agents who abducted them for a combined $19.2 million
in damages for the unlawful abduction, detention, and deprivation of
liberty. In a July 27 high court application, Mukoko claimed $220,000
from co-Ministers of Home Affairs Kembo Mohadi and Giles Mutsekwa and
Defense Minister Emmerson Mnangagwa. Mukoko sued Minister of State for
National Security Didymus Mutasa, who had attempted to block an
investigation into Mukoko's torture allegations. Mukoko also sued
Attorney General Johannes Tomana, Police Commissioner General Augustine
Chihuri, Police Chief Superintendent Peter Magwenzi, and CIO agent
Walter Tapfumaneyi. At year's end the High Court had not set a date to
hear Mukoko's application. She also claimed $20,000 from Tomana for
allegedly failing to meet his constitutional obligation to ensure the
arrest and prosecution of her alleged kidnappers. At year's end police
had not launched an investigation into the abduction of any of the
above named abductees.
On January 15, the government acknowledged that three additional
abductees, MDC-T activists Lloyd Tarumbwa, Terry Musona, and Fanny
Tembo, were in custody, claiming that the three were witnesses in the
case against the ``recruiter'' abductee group and were in ``protective
custody.'' The three were abducted in October 2008 by security agents,
tortured, and forced to make false confessions against those charged
with recruiting insurgents. The three were not allowed to contact their
families until March. All three were released on March 7 following an
order by High Court Justice Ben Hlatshwayo. On June 2, the three were
again taken from their homes by a man who initially refused to identify
himself. The man, later identified as a police inspector, drove them to
the Attorney General's Office in Harare, where they were held for
several hours and forced to sign affidavits swearing to their false
confessions. Police and officials in the Attorney General's Office
refused to grant them access to their lawyer. An unidentified official
warned the three that if they did not testify, they would face serious
unspecified consequences. After they had signed the affidavits, the
three were driven towards their homes near Banket, Mashonaland West,
and dropped several miles outside of town, forcing them to complete the
rest of the journey on foot. The affidavits were taken in anticipation
of the first trial for one group of abductees that was scheduled to
begin on June 8. However, that trial had not begun at year's end
pending an appeal to the Supreme Court. On June 6, Tarumbwa, Musona,
and Tembo appeared before a high court judge with their lawyers to
state that their testimony had been extracted after torture by security
agents and that their affidavits were signed under duress. During a
closed-door hearing with the judge and lawyers for the three abductees
and the government's lawyer, MDC-T Director General Toendepi Shonhe
signed an affidavit saying that the three had been abducted again.
Shonhe was subsequently arrested and charged with perjury on June 17 as
a result of his statement (see section 1.d.).
One abductee, Bothwell Pasipamire, an MDC-T councilor from Kadoma,
escaped his captors and fled to South Africa. He later told the press
that he was abducted from his home in December 2008 and driven to a
base near Harare, where he was interrogated by Army Warrant Officer
Mabhunu. Pasipamire stated that Mabhunu beat him on the soles of his
feet and forced to him to lie naked on a table while Mabhunu squeezed
Pasipamire's testicles and threatened him. Mabhunu then forced
Pasipamire, under the threat of further torture, to act out beating a
soldier while being videotaped. Pasipamire was subsequently forced to
confess to beating the soldier at the instigation of then prime
minister-designate Tsvangirai. Several days later Pasipamire escaped to
South Africa.
On June 29, Peter Munyanyi, who was abducted in December 2008 in
Gutu South, fled his captors after spending six months in captivity in
an unknown location. Munyanyi reported that he was held by security
agents in a dark room without blankets, clothing, or toilet facilities.
When he was abducted, his captors beat him, breaking his arm in the
process. He was not allowed access to medical treatment during his
detention.
At year's end the whereabouts of the following MDC-T activists
abducted in 2008 remained unknown: Gwenzi Kahiya, Ephraim Mabeka,
Lovemore Machokoto, Charles Muza, Edmore Vangirayi, and Graham Matehwa.
There were no further developments in the 2007 or 2008 cases of
disappearance.
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 that occurred
during the year or during widespread political violence in 2008. Police
used excessive force in apprehending and detaining criminal suspects.
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 government supporters
continued during the year. One NGO report stated that at least 3,316
victims of torture and assault received medical treatment during the
year, a reduction from the 6,300 victims recorded in 2008. Victims of
2008 election violence continued to require medical care for injuries
inflicted in 2008. Torture and other assault methods commonly reported
included beating victims with sticks, logs, whips, and cables;
suspension; burning; electric shock; and falanga (beating the soles of
the feet).
On October 27, suspected security agents in Harare abducted MDC-T
Transportation Manager Pascal Gwezere, whom they subsequently tortured
by suspending, beating and biting on the face and ear to extract
information about the MDC-T before conducting a mock burial. On October
31, Gwezere was taken to Harare Remand Prison as a result of injuries
from the beatings. On the same day, Gwezere was charged with stealing
21 weapons from a military barracks in Harare. Despite repeated
requests, Gwezere was not allowed to contact a lawyer before his
hearing. On November 23, High Court Judge Charles Hungwe granted
Gwezere bail; however, the prosecution immediately appealed to the
Supreme Court, which, under the law, required the magistrate to deny
bail pending the outcome of the appeal. On December 21, Supreme Court
Judge Wilson Sandura dismissed the government's appeal and ordered
Gwezere's release; however, prison authorities delayed the release
until December 24. Despite repeated requests beginning on October 31,
Gwezere was denied medical treatment throughout his detention. The case
was pending at year's end.
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, hundreds of soldiers
were detained, questioned, and physically assaulted in November to
extract confessions of stealing the weapons. The press reported that at
least one soldier died in custody, likely as a result of injuries
sustained during repeated torture sessions.
Police repeatedly used cruel, inhuman, or degrading treatment or
punishment against those in custody. After four women were beaten by
police on June 17 (see section 2.b.), Amnesty International, in a June
9 press release, called for an independent body to provide oversight to
the police to prevent abuses and described the incident as ``one of the
many cases documented by Amnesty International that shows Zimbabwean
police's poor record of policing peaceful demonstrations and ill-
treatment of perceived political opponents while in custody.''
Police also used excessive force to disperse demonstrators. For
example, on February 10, approximately 600 members of the NGOs Women of
Zimbabwe Arise (WOZA) and Men of Zimbabwe Arise led a demonstration in
Harare under a banner proclaiming ``let love light the way.'' After the
demonstrators marched toward Parliament and handed out roses and
Valentine's Day cards to bystanders and members of Parliament (MPs),
police violently disrupted the march and used batons to seriously
injure several women. Eight women were arrested, along with two lawyers
walking by Parliament during the demonstration; all were charged with
disturbing the peace. Three of the women were beaten in police custody;
one was pregnant and was treated for deep tissue bruising after her
release from the hospital. All 10 were tried and acquitted on May 28 in
a Harare magistrate's court. During the trial a police officer
testified he had not personally beaten any women because he did not
``have time.''
In 2008 Eric Matinenga, MP for Buhera West and a prominent
attorney, presented a case before the High Court alleging that defense
force members harassed, assaulted, and humiliated MDC-T supporters. The
case named Commander of the Defense Forces Constantine Chiwenga and
Major Svosve as the organizers of the repressive activities by security
personnel in Buhera. In May 2008 Justice Bhunu issued a court order
declaring the deployment of defense forces in Buhera unlawful and
ordered their withdraw; however, army personnel, including Major
Svosve, reportedly remained in the area.
Youth militia and ``war veterans'' trained by ZANU-PF were also
deployed to harass and intimidate members of the opposition, labor,
student movement, civic groups, and journalists considered critical of
the government, and white farmers and their employees. For example, on
January 13, a man was tortured after stating that President Mugabe was
responsible for the political stalemate. After making the comments at
work, he was locked in a closet until the end of the day when his
bosses, war veterans and ZANU-PF supporters, took him outside and tied
him to a tree. Between four and eight persons beat him on his back,
buttocks, and feet while pouring water on him and threatening to throw
him in the river. The perpetrators put a sock in his mouth to prevent
him from screaming.
On April 3, an estimated 300 ZANU-PF youths attacked a 77-year-old
MDC-T member at his home near Murehwa. The youths accused him of
supporting the MDC-T and beat him with iron bars and logs on his
testicles, hand, and neck. They also beat his wife and destroyed his
home.
On April 21, ZANU-PF youths occupying Twyford Farm in violation of
a March 9 high court order prohibiting the occupation harassed 18 farm
workers and beat five of them, including an elderly man. The ZANU-PF
youths were reportedly acting on instructions of ZANU-PF Senator Jamaya
Muduvuri, who subsequently claimed ownership of the farm. A report was
filed at Chegutu Police Station; however, police took no action. The
employer of the 18 men was instructed by the senior police officer at
the station to contact Muduvuri and resolve the matter with him since
he was the owner of the farm.
On numerous occasions citizens were harassed or assaulted for
listening to music or singing songs affiliated with the MDC-T. For
example, on May 9, in Machingambi village in Zaka District, ZANU-PF
supporters dragged a man to the court of a nearby traditional leader;
he was questioned for four hours and then reprimanded for playing ``MDC
songs'' at his home.
On June 14, ZANU-PF youths in Zvimba assaulted a man and crushed
his radio after he tuned in to the independent Studio 7 station; the
victim was accused by the perpetrators of spreading MDC propaganda.
On July 31, MP for Chinhoyi Stewart Garadhi was arrested for
allegedly insulting the president. When police stopped him at a
roadblock, they noted that he was playing the MDC-T 2008 campaign song
Nharembozha by fellow MDC-T MP Thabitha Khumalo. Police released
Garadhi without charge after several hours.
The government admitted that state security agents had tortured
Jestina Mukoko, Broderick Takawira, and others who were abducted in
late 2008 (see section 1.b.).
Rape was also used as a tool of political violence. For example, on
May 1, a group of youths in Bare Vvillage in Mashonaland Central
ordered a well-known MDC-T activist to chant ZANU-PF slogans. When the
activist refused, she was raped in front of her 10-year-old son. The
perpetrators, Richard Gomo and John Chitima, were arrested and
reportedly sentenced to five years in prison.
MDC members used violence and torture in retaliation for past ZANU-
PF-led violence. For example, on February 7, MDC youths in Buhera
Central reportedly assaulted a war veteran for threatening to ``go back
to the bush if Tsvangirai gets into power.''
On February 11, suspected MDC supporters in Muzvezve, Kadoma,
assaulted a suspected ZANU-PF supporter who had denounced Tsvangirai's
inauguration.
No action was taken in the other 2007 or 2008 cases of abuse.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. The government's 42 prisons were designed
for a maximum of 17,000 prisoners. Local NGOs and the International
Committee of the Red Cross (ICRC) estimated that there were
approximately 12,000 to 14,000 prisoners in the Zimbabwe Prison System
(ZPS) at year's end, 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 and
overcrowding persisted, which aggravated outbreaks of cholera,
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 2008, shortages
of food, water, electricity, clothing, and soap continued. In April an
undercover film crew produced a documentary entitled ``Hellhole'' that
depicted serious malnutrition and unsanitary conditions that directly
contributed to severe cholera in prisons in late 2008 and early 2009.
Local NGOs believed that the publicity from the documentary prompted
the government to grant NGOs greater access to provide prisoners with
food, clothing, and medical and legal services.
NGOs reported that the death rate decreased significantly during
the year; however, the ZPS did not keep statistics on prisons deaths.
NGOs estimated that the death rate was 40 deaths per month during the
year, a reduction from the estimated 40 to 50 deaths per week during
the height of the 2008 prison crisis. Most observers attributed the
dramatic decrease to the ICRC's feeding program, which was the direct
result of efforts by MDC-T Deputy Minister of Justice Jessie Majome to
permit the ICRC and NGOs increased access to the prisons. Most prison
deaths were attributed to harsh conditions, hunger, and HIV/AIDS. NGOs
continued to estimate that half 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 were consistently ill, and routine medical
conditions such as hypertension, diabetes, and asthma were life
threatening.
NGOs estimated that there were 500 women in prison; 43 children
under the age of five lived with their incarcerated mothers. NGOs
reported that female prisoners generally fared better than males. Women
generally received more food from their families than male prisoners,
resulting in reduced rates of malnutrition. 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, and suggested that female guards may have
been more diligent about protecting female prisoners from abuse and
that female prisoners may not have reported abuse. However, women
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. According to
lawyers, female offenders also received sentences that were on average
two to three years longer than male offenders for the same crime.
NGOs and the ZPS estimated there were approximately 300 juveniles
in prison facilities; the majority were being held in pretrial
detention. Although juveniles were not officially held separately from
adults, officials in remand prisons generally tried to place juvenile
inmates in cells separate from adults. However, an estimated 20
convicted juveniles were held in the same prison cells as adult
offenders. Juveniles were particularly vulnerable to the effects of
poor prison conditions, and local NGOs reported several complaints of
physical and sexual abuse.
In January a two-year-old child who was abducted with his mother
from Zvimba South in October 2008 and appeared in police custody in
December 2008 was released from prison. Due to overcrowding in police
stations and remand prisons, pretrial detainees were often held in
prisons with convicted prisoners until their bail hearings.
The law provides international human rights monitors the right to
visit prisons, but government procedures and requirements made it
difficult to do so. The government granted local NGOs access on a
number of occasions during the year. After being denied permission to
visit the prisons for several months, the ICRC resumed visits in April
to all prisons and detention centers in the country. With the ICRC's
help, severe malnutrition was greatly reduced in the prison community.
At year's end the ICRC reported that 100 prisoners were receiving
therapeutic feeding, reserved for prisoners who were severely
malnourished. The ICRC reported that all of their meetings with
prisoners occurred without third parties present and that there were no
restrictions placed by the ZPS on how they operated within the prisons.
Local NGOs continued to lobby the government to release prisoners
who had committed misdemeanors and whose incarceration put pressure on
the crowded prison system. Judges in Bulawayo released 400 prisoners
and detainees who had experienced prolonged detention from the Khami
Remand Prison on compassionate or medical grounds.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, some laws effectively
weakened this prohibition, and security forces repeatedly arbitrarily
arrested and detained persons.
Role of the Police and Security Apparatus.--The Zimbabwe Republic
Police (ZRP) is responsible for maintaining law and order. Although the
ZRP officially is under the authority of the Ministry of Home Affairs,
in practice the President's Office, through the Joint Operation
Command, controlled some roles and missions. The Zimbabwe National Army
and Air Force, under the Defense Ministry, were responsible for
external security; however, there were cases in which the government
called upon them for domestic operations. The CIO, under the Ministry
of State for National Security, is responsible for internal and
external security.
Police were poorly trained and equipped, underpaid, and corrupt.
Severely depleted human and material resources, especially fuel,
further reduced police effectiveness during the year. Corruption
continued in part due to low salaries. Security forces perpetrated
government-sponsored politically motivated violence. Police routinely
and violently disrupted public gatherings and demonstrations, and they
tortured opposition and civil society activists in their custody. It
was difficult for rank-and-file police to remain impartial due to
continued politicization of the force's upper echelons. There were
reports that police and army personnel suspected of being sympathetic
to the political opposition were threatened with demotion or
suspension.
Security forces were rarely held accountable for abuses. Frequent
allegations of excessive force and torture were often dismissed by
senior government officials who claimed that the actions were necessary
to maintain public order. In March 2007, after security forces
violently prevented a public gathering, Mugabe was widely quoted as
saying that ``the police have a right to bash'' protesters who resist
them. Mechanisms to investigate security force abuses remained weak.
Court orders compelling investigations into allegations of abuse were
routinely ignored by authorities. For example, security forces refused
to comply with court orders to investigate security agents involved in
abducting and torturing more than a dozen activists in 2008 (see
section 1.b.). Government efforts to reform the security forces were
minimal, and training was rarely provided.
Police continued to refuse to investigate cases of political
violence. The November 2008 report, Our Hands Are Tied: Erosion of the
Rule of Law in Zimbabwe, described occasions when police officers were
ordered not to investigate or arrest ZANU-PF supporters who might have
been implicated in political violence.
Police seldom responded during incidents of vigilante violence.
Arrest Procedures and Treatment While in Detention.--Arrests
require court-issued warrants, and the law requires that police inform
an arrested person of the charges before taking the individual into
custody; however, these rights were not respected in practice. Although
the law requires a preliminary hearing before a magistrate within 48
hours of an arrest (or 96 hours over a weekend), authorities routinely
disregarded the law if a person did not have legal representation.
Police typically made arrests, which may have been politically
motivated, on Friday, which permitted legal detention until Monday.
There were numerous reports of security forces arbitrarily arresting
opposition and civil society activists, interrogating and beating them
for information about their organizations' activities, and then
releasing them the next day without charge.
Although the Criminal Procedures and Evidence Act (CPEA)
substantially reduces the power of magistrates to grant bail without
the consent of the attorney general or his agents, a circular issued by
the attorney general giving a general authority to grant bail lessened
the negative effect of the law in practice. High court judges at times
granted bail independently. The act allows police to hold persons
suspected of committing economic crimes for up to four weeks without
bail.
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. Prosecutors routinely invoked section 121 of the CPEA, which
automatically provides the government seven days to file an appeal
against a ruling granting bail. Zimbabwe Lawyers for Human Rights
(ZLHR) condemned the repeated invocation of section 121 and described
it as the most abused provision used by the government to prolong the
detention of political opponents. On June 17, ZLHR attorney Alec
Muchadehama filed an application for referral to the Supreme Court to
challenge the constitutionality of section 121 of the CPEA. On June 23,
a magistrate referred Muchadehama's 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 opposition members and civil society activists. 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 opposition
members and supporters, civil society activists, student activists, and
journalists.
There were reports that victims of theft during 2008 political
violence were detained or charged with extortion or theft when
attempting to recoup their property. Between February 11 and 13, at
least 59 citizens were arrested in Mutoko on charges of robbery after
attempting to recover property from ZANU-PF bases where perceived MDC
supporters were beaten and intimidated during the 2008 election. The
stolen property included livestock that was subsequently eaten by those
who ran the bases. The theft victims had approached the ZANU-PF
supporters who stole their goods and asked for the return of their
property or appropriate compensation. Many of those who took property
in 2008 admitted they had done so, and several signed proofs of
resolution of any outstanding disputes after returning animals to the
MDC supporters. On February 18, the Mutoko magistrate recused himself
from the case after facing pressure from police who wanted him to deny
bail. The recusal forced the case's transfer to a Marondera court,
where the prosecutor suggested the accused be released while police
further investigated the matter. That night, without any legal
authority, police in Marondera detained the group in jail. On February
19, police denied lawyers access to their clients and refused to
explain why they were still in jail. Detective Inspector Chimimba told
lawyers they were taking the accused persons back to Mutoko and that
the lawyers should wait until the following day for further information
about their clients. On February 20, Chimimba initially refused lawyers
access to their clients. After an hour she relented and had allowed a
brief meeting when, without explanation, the accused were rushed back
to Marondera where their cases were heard by two magistrates. One
magistrate postponed any decisions on bail to February 23. Another
magistrate granted bail to some of the accused. Those who were granted
bail were taken back into custody after the prosecutors invoked section
121 of the CPEA. In the end all 59 accused persons remained in custody.
During the following week, some of the 59 were released when the
government failed to appeal within seven days. On March 9, a magistrate
in Marondera removed the cases from remand, which effectively removed
them from the court's list of pending cases, although the prosecution
can summon the defendants back to court through a trail summons. By
removing the case from remand, the magistrate freed the last 45
detainees who remained in jail. During the hearing the prosecutor
affirmed that investigating police had acted against their professional
opinion to follow instructions from the director of public
prosecutions, Florence Ziyambi, to ensure accused persons remained in
custody. At year's end the cases were pending trial at the Mutoko
Magistrates' Court.
On February 27, 88 persons from Nyanga were arrested and charged
with extortion after they attempted to retrieve property and livestock
seized by ZANU-PF supporters in 2008. The villagers, perceived to be
MDC supporters, were targeted in the period prior to the 2008 election
and lost cattle, goats, chickens, ploughs, and food stocks harvested
from their fields. There was no intervention from the government to
ensure a return of the looted property and no compensation to the
villagers. Prior to their arrest, the villagers approached the looters
from Chifambe village and demanded that their property be returned.
They were released on bail on February 28. The villagers alleged that
the ZANU-PF supporters used their food to feed militias camped in the
nearby bases of Chawagonahapana and Avilla Business Centre in Katerere.
The magistrate removed the case from remand after the prosecutors
failed to be prepared for trial in October.
During the year police arrested numerous leaders of the MDC on
trumped-up charges. On February 13, Roy Bennett, MDC-T treasurer, was
taken by police from Prince Charles Airport in Harare to the eastern
city of Mutare, where he was jailed. On February 13 and 14, police
forcibly expelled Bennett's lawyers when they attempted to see Bennett.
On February 15, police charged Bennett with insurgency, and on February
16, they charged him with attempting to violate the Immigration Act and
issued a warrant of further detention without informing Bennett's
lawyers, despite their presence at the courthouse. On February 17,
police further charged Bennett with allegedly possessing weaponry with
the intention of using it in connection with acts of insurgency.
Bennett denied all three charges. On February 24, High Court Judge
Tedius Karwi granted Bennett bail, but the government invoked section
121 of the CPEA to appeal. During a routine bail hearing on March 4,
Magistrate Livingstone Chipadza approved Bennett's release on $5,000
bail; however, the government argued that an appeal was pending in a
superior court. On March 5, Supreme Court Judge Paddington Garwe ruled
that the government could appeal the February 24 issuance of bail. On
March 11, Chief Justice Godfrey Chidyasiku dismissed the appeal.
Bennett was released on March 12. After several delays, Bennett's trial
began on November 9 in the High Court and continued 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. On November 2, 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. On November 3, Mahlangu was
released on bail after spending a night in jail. His case was pending
at year's end.
On June 16, MDC-T Director General Toendepi Shonhe was arrested and
charged with perjury for falsely stating in a high court affidavit that
government security agents had abducted three MDC members. Shonhe made
the statement shortly after three MDC activists were abducted from
their homes in Banket in early June. After they were located, Shonhe
withdrew his statement from the court. On June 18, a magistrate granted
Shonhe bail; however, the government invoked section 121 of the CPEA.
On June 26, a high court judge dismissed the government's appeal,
resulting in Shonhe's release from Harare remand prison. On August 17,
a magistrate acquitted Shonhe of all charges.
During the year civil society 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. Section 42 of the constitution states that upon the
sentencing of a legislator to death or a jail term of six months or
more, ``such member shall cease forthwith to exercise his
functions...and his seat shall become vacant at the expiration of 30
days from the date of such sentence.'' Police arrested at least 17 MPs
during the year; at least 15 were from the MDC-T party. At least four
MPs were suspended after they were sentenced for jail terms of more
than six months; however, all four appealed their suspensions in the
High Court. The MPs were allowed to retain their seats during the
appeal process, which was pending at year's end.
For example, on January 15, police arrested Meki Makuyana, MP for
Chipinge South, and charged him with kidnapping two ZANU-PF supporters.
On January 29, Makuyana was granted bail; on July 9, a magistrate found
him guilty and sentenced him to 18 months in prison with hard labor,
with six months suspended. He was granted bail on July 30 and allowed
to retain his seat pending appeal; the case continued at year's end.
On April 10, police arrested Mathias Mlambo, MP for Chipinge East,
and charged him with defeating the course of justice; he was granted
bail on May 2. The charges arose after Mlambo attended a funeral on
April 2 and allegedly prevented police from arresting someone at the
funeral. Mlambo was sentenced on May 22 to 10 months' imprisonment;
however, he was released the same day on bail pending appeal. On July
16, Parliament suspended Mlambo from his seat; at year's end his appeal
had not been heard.
On July 27, a Mutare magistrate found MP for Mutare West Shua
Mudiwa guilty of kidnapping a 12-year-old girl in 2007 and sentenced
him to seven years in jail. Two years and six months of the sentence
were suspended. Mudiwa's appeal to the High Court was pending at year's
end. Because his sentence exceeded six months, Parliament suspended
Mudiwa on July 16.
There were developments in three cases reported in 2008. On
February 6, Magistrate Olivia Mariga stated that prosecutors appeared
unprepared to proceed against MDC-T Secretary General and MP Tendai
Biti for treason; Mariga removed his case from remand and advised that
police could summon him to trial when they were ready. The ruling
effectively removed Biti's case from the court's schedule but did not
eliminate the charges against him. Mariga also ruled that Biti had been
improperly arrested at the Harare International Airport upon his return
from South Africa in June 2008. His whereabouts were unknown for two
weeks until police brought him to court and the government charged him
with treason, which carries the death penalty. On February 13, Biti
began serving as the finance minister of the inclusive government.
On May 26, a magistrate acquitted MDC-T MP for Buhera West and
Minister of Constitutional Affairs Eric Matinenga of allegedly inciting
public violence. Matinenga, a lawyer, was arrested in May 2008 when he
visited a police station to investigate the arrest a client.
On June 4, 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 October
2008. The court promised to issue a ruling before the women's scheduled
trial date of July 7; however, at year's end the court had not done so.
There were no developments in the arrest cases reported in 2007.
Prolonged pretrial detention remained a problem, and some detainees
were incarcerated for several years before trial or sentencing because
of a critical shortage of magistrates and court interpreters, poor
bureaucratic procedures, and for political reasons. During the year
some detainees in Harare Remand Prison went months without attending
court for bail hearings because 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. Women received longer prison
sentences than men (see section 1.c.). 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.
The law provides for a unitary court system consisting of headmen's
courts, chiefs' courts, magistrates' courts, the High Court, and the
Supreme Court. Victim-friendly courts, which had jurisdiction over
children and victims of sexual abuse, had specially trained magistrates
and prosecutors and equipment that allow victims to testify without
being seen. Civil and customary law cases may be heard at all levels of
the judiciary, including the Supreme Court.
Military courts deal with court martial and disciplinary
proceedings only for military personnel. Police courts, which can
sentence a police officer to confinement in a camp or demotion, handle
disciplinary and misconduct cases. Defendants in these courts have the
right to appeal to the Supreme Court. Military and police courts
provide the same rights as civil criminal courts.
Judges are appointed to serve until the age of 65 and may extend
their terms until the age of 70 if they remain in good physical and
mental health as certified by a physician and receive presidential
approval in consultation with the Judicial Services Commission. The
constitution provides that they may be removed from the bench only for
gross misconduct and that they cannot be discharged or transferred for
political reasons. In November 2008 HRW reported on several methods the
government used to undermine the independence of the judiciary,
including giving farms and homes to judges. Also in 2008 the government
newspaper The Herald reported that the Reserve Bank had given judges
luxury cars, plasma televisions, and electricity generators.
Magistrates, who are part of the civil service rather than the
judiciary, heard the vast majority of cases. Legal experts said that
defendants in politically sensitive cases were more likely to receive a
fair hearing in magistrates' lower courts than in higher courts, where
justices were more likely to make political decisions. According to a
November 2008 HRW report, most junior magistrates and magistrates in
rural areas did not benefit from government patronage. Instead,
government sympathizers relied on threats and intimidation to force
magistrates, particularly rural magistrates, to rule in the
government's favor. Some urban-based junior magistrates 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. During the
year numerous lawyers and court officers were arrested on criminal
charges after taking action that some in government opposed.
For example, on March 5, Manicaland Provincial Magistrate
Livingstone Chipadza was arrested on charges of criminal abuse of
office the day after signing the warrant of release for MDC-T treasurer
Roy Bennett, who a had been granted bail by the High Court. Chipadza
spent two nights in jail before being released on bail. His trial began
in July; on August 4, he was acquitted. The court ruled that the
government had not provided any evidence to show that Chipadza had
committed a crime.
On May 6, police arrested Constance Gambara, the clerk for High
Court Judge Justice Chinembiri Bhunu, and held her and her nine-month-
old child at Chikurubi Maximum Security Prison until she was granted
bail on May 14. Gambara was charged with criminal abuse of public
office after she typed the warrant of release for 2008 abductees Chris
Dhlamini, Ghandi Mudzingwa, and Andrison Manyere on April 17 (see
section 1.b.). On May 14, police also arrested lawyer Alec Muchadehama
and charged him with obstruction of justice for assisting with the
release of Dhlamini, Mudzingwa, and Manyere. Muchadehama was held in
jail overnight and released on bail the following day.
On October 22, during Muchadehama and Gambara's trial, Magistrate
Chioniso Mutongi found prosecutor Andrew Kumire in contempt of court
and sentenced him to five days in prison after Kumire repeatedly
disobeyed the magistrate's orders. The prosecutor fled to the Attorney
General's Office, where prison guards arrested him and brought him back
to court. However, Kumire appealed to a different magistrate for bail,
who granted it. Kumire then appealed the conviction to the High Court;
on October 26, Judge Tedius Karwi dismissed the appeal. The case was
then transferred to another magistrate and was pending at year's end.
On November 3, Mutongi resigned her position, citing interference and
threats to her life in connection with the Kumire case. On November 21,
Kumire was promoted to Area Public Prosecutor for Harare. On December
11, Magistrate Fadzai Mthombeni acquitted Muchadehama and Gambara of
all charges.
There were no updates in any of the 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 certain security cases. 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 was rarely granted except in capital cases, where
the government provided an attorney for all defendants unable to afford
one. Litigants in civil cases may request free legal assistance from
the Legal Resources Foundation or ZLHR.
Attorneys sometimes were denied access to their clients, especially
in cases involving opposition members or civil society activists.
Defendants have the right to present witnesses, present evidence in
their own behalf, and question witnesses against them. However, these
rights were not always observed in practice. While defendants and their
attorneys sometimes had access to government-held evidence relevant to
their cases, this was often not allowed in politically sensitive cases.
The right to appeal exists in all cases, and is automatic in cases in
which the death penalty is imposed. The law extends these rights to all
citizens; however, in politically sensitive cases these rights 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.
Political Prisoners and Detainees.--There were dozens of reports of
political detainees throughout the year, including opposition
officials, their supporters, NGO workers, and civil society activists.
Many were held for one or two days and released, others were held for
weeks or months. During the year police severely beat and tortured
numerous opposition, civil society, and student leaders while in
detention.
At year's end there were no known political prisoners in police
custody.
Civil Judicial Procedures and Remedies.--There was an independent
and impartial judiciary in civil matters; however, in practice the
judiciary showed indications of being politically influenced or
intimidated in cases involving high-ranking government officials,
politically connected persons, or violations of human rights. There
were systematic problems enforcing domestic court orders, as resources
for the judiciary and police were severely strained.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the government did not respect these provisions in practice. Security
forces searched homes and offices without warrants, the government
pressured local chiefs and ZANU-PF loyalists to monitor and report on
suspected opposition supporters, and the government forcibly displaced
persons from their homes. Elements of the government coerced ZANU-PF
supporters and punished opposition supporters by manipulating the
distribution of food aid, agricultural inputs, and access to other
government assistance programs.
In 2007 the president signed into law the Interception of
Communications Act (ICA) to provide for the interception and monitoring
of any communication (including telephone, postal mail, e-mail, and
Internet traffic) in the course of transmission through a
telecommunication, postal, or other system in the country. Civil
liberties advocates criticized the ICA as repressive legislation that
allows the government to stifle freedom of speech and to target
opposition and civil society activists. In 2008 the Chief Executive
Officer of the state-run Zimpapers secretly monitored subordinates'
private e-mails for political content.
In 2005 the government embarked on Operation Murambatsvina (loosely
translated from Shona as ``Restore Order'' or ``Get Rid of the Filth'')
without prior notice, during which more than 700,000 persons lost their
homes, their means of livelihood, or both through a program of forced
evictions. The government's stated reason for the operation was to curb
illegal economic activities and crime in slums and illegal settlements
in several cities and towns, but it made no provision for the victims
of its policy. Those who returned to rural areas often faced
unemployment, food shortages, and other economic and social stresses.
According to the Amnesty International report Zimbabwe: Between a Rock
and a Hard Place-Women Human Rights Defenders at Risk, the operation
resulted in the destruction of more than 32,500 small businesses across
the country and the loss of livelihood for more than 97,550 persons,
most of whom were women. An estimated 300,000 children lost access to
education as a result of displacement. The operation disrupted access
to medical care, particularly for HIV/AIDS patients. The government
reportedly prevented or interfered with UN and other humanitarian
organizations' efforts to provide shelter and food assistance. The
government's actions were widely condemned by local civil society
organizations and the international community.
The 2008 HRW report Neighbors in Need: Zimbabweans Seeking Refuge
in South Africa detailed the struggles of the estimated 1.5 million
Zimbabweans living illegally in South Africa. The report noted that a
significant but unknown portion of them were displaced by Operation
Murambatsvina.
According to local human rights and humanitarian NGOs, sporadic
evictions, which were often violent, continued during the year,
especially of tenants and informal vendors suspected of supporting the
opposition. On November 9, Godfrey Tonde, an informal vendor, was
killed in Mbare, a high-density area of Harare. According to press
reports, police officer Anos Zharare targeted and chased Tonde while
dispersing informal vendors. Tonde reportedly died due to injuries
sustained from a fall after Zharare tripped him. Zharare was arrested
and charged with murder; the case was pending at year's end. No action
was taken against security forces involved in 2008 forced evictions.
Land seizures, often violent, 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. In 2006 the Gazetted Land
(Consequential Provisions) Act passed into law, requiring 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 ZANU-PF supporters.
In 2007 Didymus Mutasa, then minister for lands, land reform, and
resettlement, announced that the government was going to take action to
seize the remaining estimated 400 white-owned farms for resettlement.
The announcement was followed by a sharp increase in invasions,
evictions, and arrests of farm owners and workers. Several farmers
subsequently appealed to the Supreme Court to declare the eviction
notices unconstitutional.
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 ensure
that SADC member states, including Zimbabwe, adhere to the SADC treaty
and protocols, protect the rights of citizens, and ensure the rule of
law. According to the protocol establishing the tribunal, a person can
bring a case after exhausting all available remedies or when unable to
proceed under domestic jurisdiction. Campbell brought the case to the
tribunal after the Supreme Court in Zimbabwe failed to issue a judgment
on the case. The tribunal issued an interim protective order, which
prohibited the government from evicting or allowing the eviction of or
interference with the farm pending a decision by the tribunal;
government representatives told the three-member tribunal it would
abide by the decision. However, in January 2008 the Zimbabwe Supreme
Court issued a judgment dismissing the Campbell case. Soon after the
ruling, Mutasa declared that the country would be bound only by its
laws and 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 recent land seizures and turning the issue over to the
SADC summit for further action. However, the government asserted that
it would move forward with prosecutions of the farmers who remained on
the land, effectively 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 Zimbabwe's courts, the government violated the rule of law;
the farmers were discriminated against on the basis of race; and the
government should compensate three dispossessed landowners by June 30,
2009. Although the tribunal ordered 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 state-confiscated farms during the year.
In an August 7 letter, Minister of Justice Patrick Chinamasa
informed the SADC tribunal that the country was pulling out of the
tribunal. Chinamasa claimed that because the SADC Protocol on the
Tribunal was not ratified 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 it into SADC as an integral organ
and exclude the tribunal from the usual SADC requirement for
ratification by two-thirds.
Disruptions at farms and seizures of property increased during the
year and were often violent. ZANU-PF supporters invaded numerous farms
involved in the SADC case and stole crops, farming materials, and
personal property of the farmers and farm workers. Tens of thousands of
black farm workers on white-owned farms were beaten, intimidated, or
displaced (see section 2.d.).
For example, although Richard Etheredge, the owner of Stockdale
farm near Chegutu, was found innocent of charges of refusing to vacate
his farm in February, on March 5, ZANU-PF youths and ``war veterans''
forced the Etheredges and many of their 400 employees and their
families to vacate their farm. The perpetrators acted at the behest of
Senate President and ZANU-PF MP Edna Madzongwe, whose daughter moved
onto the farm after the Etheredges were displaced. The Etheredges were
party to the Campbell case in the SADC tribunal, and an offer letter
that the government issued to Madzongwe in 2007 was found invalid by a
court. On April 12, Madzongwe's guards beat to death a local man for
allegedly stealing oranges from the farm. According to a medical
report, the man's spine was broken in three places. Police detained
three of Madzongwe's guards and two former employees of the Etheredges'
for questioning; they were later released without charge. On April 17,
Deputy Prime Minister Arthur Mutambara toured several farms under
dispute, including Stockdale, and told the press, ``We will not
tolerate any government official who is promoting lawlessness in our
country.'' On April 21, police guarding the farm shot two of the
Etheredge's farmworkers when they attempted to return to the farm with
Peter and James Etheredge. The men were shot while lying in the bed of
the Etheredges' truck as they left the farm, and one worker sustained a
serious bullet wound to the leg. Police then arrested Peter Etheredge
and threatened to charge him with disorderly conduct and inciting
violence; he was released four days later without charge.
Campbell's Chegutu farm, Mount Carmel, continued to experience
similar problems throughout the year as a result of Campbell's role,
along with that of his son-in-law Ben Freeth, in the SADC tribunal
case. On March 9, a local representative of the Ministry of Lands and
Rural Resettlement arrived at the farm with police, CIO officers, and
Peter Chamada, who claimed to be the son of ZANU-PF Spokesman Nathan
Shamuyarira. Chamada showed Freeth an offer letter that listed
Shamuyarira as the owner of Mount Carmel and refused to acknowledge
court orders protecting the Freeth's claim. ``War veteran'' Lovemore
Madangonga (known as ``Landmine'') led a group of youths and ``war
veterans'' on numerous subsequent invasions of the property for varying
periods. During one occupation on April 10, Freeth visited the farm
where Madangonga was selling the mango crop from Freeth's farm for his
own personal benefit. At least 50 tons of export-quality mangoes were
rotting in the farm's shed. On August 30, Freeth's home burned in a
fire that may have been arson. On September 2, Campbell's home was
destroyed in another apparent arson attack, during which war veterans
stole items from Freeth's car as he attempted to put out the fire. By
year's end police had not investigated the fires. On September 9,
police detonated several explosions on the property; they later claimed
they were detonating weapons caches found on the farm. After the
release of the documentary Mugabe and the White African about the
continuing dispute at the farm, police on September 14 detained Freeth
and the al Jazeera news crew accompanying him after claiming the group
had strayed into a sealed-off crime scene at the farm; all were later
released.
No action was taken against perpetrators of numerous 2008 and 2007
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
2008 and 2007 cases of arbitrary interference with citizens' homes.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but legislation limits these
freedoms in the ``interest of defense, public safety, public order,
state economic interests, public morality, and public health.'' The
government restricted these rights in practice. Journalists and
publishers practiced self-censorship.
The Ministry of Media, Information, and Publicity (MMIP), headed by
Webster Shamu, continued to restrict freedom of speech, particularly of
those making or publicizing comments critical of President Mugabe. The
ICA continued to be used to monitor speech and to punish those who
criticized the government. Under authority of the Official Secrets Act,
the Public Order and Security Act (POSA), or the Criminal Law Act, the
government arrested individuals for criticizing President Mugabe in
public.
There were credible reports that CIO agents and informers routinely
monitored political and other meetings. Persons deemed critical of the
government were frequently targeted for harassment, abduction, and
torture. On October 10, police arrested student leaders Clever Bere,
Blessing Vava, Obert Masaraure, Kurayi Hoyi, and Tafadzwa Kutya, after
one of the students remarked that President Mugabe was stalling
progress on establishing an inclusive government. The students were
taken to Harare Central Police station, where they were detained for
two days and beaten with whips, fists, and batons. The group was
charged with misconduct and undermining the office of the president;
the case was pending at year's end.
The government continued to restrict freedom of the press. The MMIP
controlled the state-run media, including the two daily newspapers, the
Chronicle and the Herald, and a new daily, Harare Metro. 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 three main independent domestic weekly newspapers, The
Zimbabwean, the Zimbabwe Independent, and the Standard, and a semi-
independent weekly newspaper, the Financial Gazette, all of which
continued to operate despite threats and pressure from the government.
The independent newspapers continued to criticize the government and
ZANU-PF; however, they also continued to exercise some self-censorship
due to government intimidation, a reluctance to criticize the MDC-T for
fear of further strengthening ZANU-PF, 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, supervised by the MMIP. The popularity of
independent short-wave and medium-wave radio broadcasts to the country
continued to grow, despite government jamming of news broadcasts by
radio stations based in other countries, including Voice of America's
(VOA) Studio 7 and SW Radio Africa. The government controlled the only
domestically based television broadcasting station, the Zimbabwean
Broadcasting Corporation. International satellite television broadcasts
were available through private firms but too expensive for most
citizens.
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 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. Senior ZANU-PF officials
repeatedly criticized both local and foreign independent media for what
they deemed biased reporting meant to discredit President Mugabe and
misrepresent the country's political and economic conditions. For
example, in September army commander Lieutenant-General Philip Sibanda
accused private radio stations and NGOs of waging ``asymmetric''
warfare against the government by spreading hate messages that he
claimed would lead to ``rioting, despondency, and eventually cause
war.'' Sibanda stated that Western countries were using
``disinformation'' through ``pirate radio stations,'' citing VOA's
Studio 7.
On October 20, security officials in Harare from the President's
Office detained an al Jazeera news crew as they were filming outside
the Munhumutapa Building, where the prime minister's office and cabinet
room are located. Reporter Haru Mutasa and camera operator Austin
Gundani were interrogated for approximately three hours. They were
later transferred to Harare Central Police Station, where they were
released without charge. The crew was outside the building to cover
events in the wake of a highly-publicized MDC-T decision not to attend
cabinet meetings.
Security forces arbitrarily harassed and arrested local and foreign
journalists who contributed to published stories critical of government
policies or security force operations. On March 17, 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 April 7, Bulawayo magistrate John Masimba
charged the two with defamation under the Criminal Law Codification and
Reform Act; the case was pending at year's end.
On May 11, police arrested Zimbabwe Independent editors Constantine
Chimakure and Vincent Kahiya for publishing a May 8 story that revealed
the role and names of police and intelligence agents in the abduction
of human rights activists (see section 1.b.). The two were charged with
publishing or communicating a statement with the intention of
undermining public confidence in law enforcement agents under the
criminal code. The information in the article had already been revealed
in public court indictments filed on May 4 in the case of activists
abducted in 2008. Chimakure and Kahiya were granted bail on May 12; on
July 30, a Harare magistrate agreed to refer the matter to the Supreme
Court, and the case was pending at year's end.
On October 8, 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 detained
overnight in Chiadzwa before being transferred to Mutare Central
Prison, where she was detained for four days. Mpalume was charged with
violating the Protected Areas Act and released on bail; the case was
pending at year's end.
In the 2008 case of the government seizure of a satellite truck and
camera belonging to the South African company GlobeCast Satellite, a
magistrate ruled in favor of the company, and the police subsequently
returned their equipment in July.
On July 14, a magistrate dismissed the April 2008 public violence
charges against freelance journalists Frank Chikowore and Luke
Tamborinyoka for lack of evidence.
There were no developments in the May 2008 bombing case of a truck
belonging to The Zimbabwean. Government and ZANU-PF officials continued
to display open hostility towards the newspaper, labeling it part of
what they called the ``regime change'' agenda.
The May 2008 case involving Davison Maruziva, editor of The
Standard, for publishing an opinion article critical of President
Mugabe, was pending in the Supreme Court at year's end.
There were no developments in the 2007 cases of harassment, abuse,
and detention of journalists.
Journalists and publishers continued to practice self-censorship as
a result of government action and threats. There were credible reports
that the permanent secretary of the MMIP, George Charamba, routinely
reviewed state-owned media news and excised reports on the activities
of groups critical of the government. For example, on October 23, the
independent media reported that the ministry ordered government-
controlled print and electronic media to stop reporting on MDC
ministers until the party reversed its decision to suspend contact with
ZANU-PF. In November local NGOs reported that three managers at
Zimbabwe Broadcasting Holdings had been suspended for 10 days for
allegedly leaking information on the order.
The government continued to use the Access to Information and
Privacy Protection Act (AIPPA) to serve as the primary justification to
control media content and licensing of journalists. The main provisions
of the law give the government extensive powers to control the media
and suppress free speech by requiring the registration of journalists
and prohibiting the ``abuse of free expression.'' In January 2008 the
government amended AIPPA in order to abolish the Media and Information
Commission (MIC). During its existence the MIC, under the MMIP, denied
many local and foreign journalists accreditation. However, in 2008 MMIP
officials continued to demand MIC accreditation from journalists. On
May 28, High Court Judge Bharat Patel overruled the MMIP and found for
applicants Stanley Gama, Valentine Maponga, Jealous Mawarire, and
Stanley Kwenda, all freelance journalists, stating that MIC was
abolished in January 2008. Patel ordered the MMIP minister and
permanent secretary to retract statements that journalists had to
register with MIC to cover an upcoming Common Market for Eastern and
Southern Africa (COMESA) summit and also ordered them to place notices
to that effect in the media. Patel stated that his ruling would have
effect notwithstanding any government appeal. However, security
officials at the June 7 COMESA summit refused the journalists entry,
claiming they could grant entry only to those on the list provided by
the ministry.
In May the MMIP convened a media conference and pledged to repeal
AIPPA. At least four independent newspapers, including the Daily News,
had been shut down since its enactment in 2002. No further action to
repeal the law had been taken by year's end.
Amendment 19 of the constitution provides for the establishment of
the Zimbabwe Media Commission (ZMC), a statutory media regulatory body,
to succeed the MIC and oversee media regulation, registration, and
accreditation. On August 18, the Parliamentary Standing Rules and
Orders Committee announced that it had selected 12 candidates for the
ZMC to forward to the president. According to amendment 19, the
president should then appoint nine persons from the list of 12 to serve
on the ZMC, and three of the remaining six nominees to serve on the
Broadcasting Authority of Zimbabwe (BAZ), the regulatory body that
licenses radio and television stations. At year's end neither committee
was formally constituted.
In its annual meeting in July in Libya, the African Commission on
Human and Peoples' Rights (ACHPR) ruled that the Zimbabwean government
should repeal sections 79 and 80 of AIPPA because they contravene
article 9 of the African Charter on Human and Peoples' Rights. Section
79 addresses compulsory accreditation requirements for journalists and
optional accreditation for part-time or freelance journalists. It
prohibits the permanent accreditation of noncitizens, although they may
be granted temporary accreditation for a period not exceeding 60 days.
Section 80 addresses abuse of journalistic privileges in relation to
publication of falsehoods and injurious statements. The ACHPR also
ruled that statutory media regulation was contrary to the principle of
media self-regulation as enunciated under the African Charter to which
Zimbabwe is a party. The government took no action by year's end to
comply.
In January the government published application and registration
fees for mass media services that were significantly higher than the
regional norm and described by civic and media groups as exorbitant.
For example, foreign media houses wishing to establish a representative
office were required to pay an application fee of $10,000, an
additional $20,000 for permission to operate, and $2,000 in
administration fees. Local journalists working for foreign media
organisations were required to pay $1,000 and $3,000 as individual
application and accreditation fees, respectively. Temporary
accreditation for a foreign journalist was $1,500. This contrasts
sharply with the accreditation and administration fees for journalists
working in the rest of SADC, which were $150 and $200 respectively.
ZANU-PF elements of the government continued to politicize
licensure of media outlets. In March a private company, Zimind
Publishers, applied for a license to start the daily Newsday; at year's
end Zimind was still waiting for a license to print. On October 7,
Charamba threatened Newsday editor Barnabas Thondlana with arrest if
the newspaper began publishing without a license.
On August 7, the BAZ issued regulations for television and radio
but did not invite applications for new broadcasting licenses as
required by the law. The new regulations announced high fees for
broadcasters.
On September 7, the government-controlled media group, the Zimbabwe
Newspapers Private Limited, launched the daily newspaper Harare Metro.
Civic organizations, including the NGO Media Institute of Southern
Africa, argued that the government had used its ``political prerogative
to expand state-funded newspapers in the country to the distinct
disadvantage of other media players awaiting licensing.''
The Broadcasting Services Act, which Parliament's legal committee
found to be unconstitutional when it was passed in 2001, was amended in
January 2008 to give the BAZ 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 MMIP minister. During the year Deputy Minister of the
MMIP Jameson Timba stated that the frequency spectrum allocated to BAZ
by the Postal and Telecommunications Regulatory Authority allowed for
over 30 commercial radio and an additional four television stations.
Independent journalists welcomed Timba's statements as the government
had historically limited alternative television and radio options.
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 recommends a prison
term for any journalist who ``insults the president or communicates
falsehoods.''
The criminal code makes it an offense to publish or communicate
false statements prejudicial to the state. Legal experts have
criticized this section saying that it imposes limits on freedom of
expression beyond those permitted by the constitution.
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. For example, since the transfer,
making a false statement prejudicial to the state now carries a maximum
prison sentence of 20 years. Failure to give police the requisite
advance written notice of a meeting or demonstration remains an offense
under POSA.
In July Minister of Finance Tendai Biti removed the 40 percent
import tax on all foreign newspapers imposed by ZANU-PF in June 2008.
Several newspapers published in South Africa subsequently began
circulating in Zimbabwe. The removal of the tax encouraged a number of
Zimbabweans to publish newspapers from outside the country. These
included the Zim Star and the News Leader.
In the September 2008 GPA that led to the formation of the
inclusive government, all parties agreed to ensure the immediate
processing of all applications for reregistration of media houses and
new registrations. However, at year's end a system to register new
independent media organizations had not yet been established.
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 2008,
approximately 11.4 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. The 2006 National Council for Higher Education Act mandated
the establishment of a nine-member council made up of members of the
higher education community from both public and private institutions.
The council advises the minister of higher and tertiary education on
matters pertaining to education, including funding for higher education
and accreditation of higher education institutions. The minister,
however, selects and appoints the council members, controls state
universities, and nominates vice chancellors; the minister also
appoints the deans of faculty, and most members of the university
council. The appointed deans and heads of departments require faculty
to submit final examinations well in advance of the end of term and
have the right to censure exam content if they feel it is too
controversial or threatens ``sovereignty and national interest.''
During the year some lecturers were asked to revise final exams, and
department chairs rewrote exam questions before they were given to
students.
CIO personnel 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 criticize government policies and actions. CIO officers
regularly attended all lectures where noted MDC activists were
lecturers or students. In response both faculty and students often
practiced self-censorship in the classroom and academic work.
According to the Students Solidarity Trust, a local NGO that
provides assistance to student activists, 128 students were arrested or
detained and 43 students were expelled or suspended for engaging in
student activism during the year.
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 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. During the year the two teachers' unions
continued to pressure the government to further improve wages. In May
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.
In December police or ZANU-PF local officials in Mashonaland East
and Central cancelled eight performances of the play ``Heal the
Wounds,'' which dramatized healing and reconciliation processes after
the violent 2008 election and included a facilitated discussion on
healing with audiences. In most cases the performances were blocked
despite prior permission from police and the successful showing of the
play in other provinces.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the government restricted this right in practice. POSA does not require
permits for meetings or processions, but it requires that organizers
notify the police of their intentions to hold a public gathering seven
days in advance. Failure to do so results in criminal prosecution as
well as civil liability. In January 2008 POSA was amended as part of
constitutional amendment 18 to require police to go to a magistrate's
court and to state in an affidavit why a public gathering should not
take place. Although many groups that conducted meetings did not seek
permits, other groups informed the police of their planned events and
were denied permission, or their requests went unanswered. Police
insisted that their permission was required to hold public gatherings
and sometimes approved requests; however, they disrupted many events
whether or not they were notified.
On June 18, 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.
After four police officers arrested Clara Manjengwa, they forced her
into a police vehicle and proceeded to jump on her and beat her with
batons. One of the demonstrators, who was carrying her baby, and the
three journalists were released without charge on the same day. Four
women, including Manjengwa, were kept in custody at the police station
and denied medical treatment for injuries sustained during their
arrest. Four of the arrested demonstrators suffered severe deep tissue
injuries, one had a broken finger, and two were unable to walk without
assistance. The four were charged with disturbing the peace and
released on bail on June 18. One police officer accused WOZA lawyers
from ZLHR of ``stage-managing'' the demonstration to embarrass
authorities during the visit of Amnesty International Secretary General
Irene Khan. On July 3, the prosecutor withdrew the charges, as the
government could find no witnesses. During the hearing ZLHR defense
attorney Beatrice Mtetwa insisted that the magistrate address the issue
of the assaults carried out by police. The officer in charge of the Law
and Order Unit at Harare Central Police Station claimed that he had not
received a report of the assaults from the four WOZA members while they
were under arrest. Mtetwa stated that she had personally shown him the
women's injuries and had requested medical treatment for them on June
18. Magistrate Majonga postponed the case to allow the police time to
prepare a report. No further action was taken by year's end.
On September 22, approximately 1,300 WOZA members in Bulawayo
marched to commemorate the UN's International Day of Peace. Riot police
disrupted the march and beat a number of protesters. According to
witnesses, police searched for WOZA leaders Jenni Williams and
Magodonga Mahlangu to beat them. One victim, Frances Vale, was unable
to walk after being beaten by four police officers; he also suffered a
fractured arm. In all, 23 persons sought medical treatment for injuries
inflicted by police.
Police erected roadblocks in urban and rural areas to prevent
public gatherings, repeatedly used excessive force in dispersing
demonstrations by the opposition and civil society, and arrested
numerous demonstrators during the year.
No further action was taken in the 2008 or 2007 cases in which
opposition figures and civil society members were harassed or arrested
by government authorities.
In response to continued unrest among student groups angered at
increasing tuition, the government continued its harassment of
university student unions and student demonstrators. On February 3,
police used excessive force to disperse a group of approximately 200
students who gathered to protest an announcement that the University of
Zimbabwe was planning to charge $400 in student fees. Approximately 80
riot police beat and used tear gas against the students as they fled,
resulting in 10 injuries. Police arrested 60 persons. Vitalis Mudzonga,
Tawanda Katsuro, and Justice Chikanya were charged with public violence
and released on bail on February 9; the rest were released without
charge on February 3 and 4. On June 2, after a series of court
hearings, a Harare magistrate removed the case from remand, effectively
removing it from the list of pending cases, and advised the government
to summon the three to court if it wished to pursue the case.
On April 16, 10 students from the National University of Science
and Technology were beaten by school guards and riot police and then
arrested following a demonstration on campus against the suspension of
students who failed to pay tuition and examination fees. Two of the
students sustained serious injuries after being assaulted by a
university security guard--one student sustained a fracture, and
another suffered blurred vision after being hit on the nose with a
truncheon. The students were held at Bulawayo Central Police Station
and charged with malicious injury to property before being released on
April 20 after meeting strict bail conditions. The case was pending at
year's end.
On August 5, 14 representatives of the Zimbabwe National Students'
Union were arrested at the University of Zimbabwe while speaking to
students about school fees. Ten were immediately released; Clever Bere,
Kudakwashe Chakabva, Archieford Mudzengi, and Brian Rugondo, were held
overnight at a police station. Police refused to advise the students or
their lawyers of the charges for more than 24 hours. The detentions
came days after the coministers of home affairs assured the public that
peaceful gatherings would not be disturbed and stated that arbitrary
arrests would no longer be tolerated. On August 7, the students were
charged under the Criminal Law (Codification and Reform) Act with
participating in a gathering with intent to promote public violence,
breach of peace or bigotry and granted bail by a Harare magistrate.
During a hearing on September 1, a magistrate conceded that the section
of the law the students were accused of contravening had been found
unconstitutional and repealed several years before. The case was
pending at year's end.
There were no developments in student cases reported in 2007 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 the opposition. Suspected security force members
visited the offices and inquired into the activities of numerous NGOs
and other organizations that it believed opposed government policies.
For example, on March 18, in Shamva, Mashonaland Central Province,
police disrupted a civic education meeting led by the NGO Crisis in
Zimbabwe Coalition. The meeting was held to solicit public views on the
new inclusive government. Police, who earlier provided clearance for
the meeting, ordered organizers to stop the meeting, saying it had
started late. Police accused the organizers of being sympathetic to the
MDC and threatened them with arrest.
On October 25, police arrested National Association of NGOs
director Cephas Zinhumwe and chairperson Dadirai Chikwengo after a two-
day NGO meeting that concluded with a statement expressing concern
about the slow progress in implementing the GPA. Police charged the two
with contravening POSA for holding a meeting without police clearance.
In a hearing on November 25 in Victoria Falls, Magistrate Richard
Ramboea dismissed the charges, stating that the association's meeting
was exempt from POSA.
The formation of political parties and unions was not restricted;
however, security forces and ZANU-PF supporters interfered with
activities of both during the year. For example, on March 25, 10 ZANU-
PF supporters disrupted an MDC meeting of an estimated 50 persons in
Mufakose. The ZANU-PF supporters attacked with a metal bar the man
leading the meeting. Several MDC supporters were injured in the attack.
The perpetrators threatened to kill the local MP, who was not at the
meeting. The incident was reported to police; however, no action was
taken by year's end.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the government generally respected this right
in practice. The government and the religious communities historically
have had good relations; however, the government continued to criticize
and harass religious leaders who were critical of government policies
and who spoke out against the government's human rights abuses. Church
leaders and members who criticized the government faced arrest,
detention, and, in the case of foreigners, possible deportation.
Although not specifically aimed at religious activities, POSA and other
laws continued to be used to interfere with religious and civil society
groups organizing public prayer rallies.
The government arrested, harassed, and prevented church attendance
of Anglican clergy and parishioners from the Church of the Province of
Central Africa (CPCA), the regional body of the Anglican Communion.
Police continued to disrupt Anglican church services and strike
worshippers, primarily women, with batons. They arrested parishioners,
interrogated priests and lay leaders, and locked the doors of churches
to keep worshippers away.
On October 18, police detained and questioned Brandon Conway, a
Roman Catholic priest, after he read the Zimbabwe Roman Catholic
Bishops' annual pastoral letter at his parish. The letter stated that
the country was traumatized as a result of widespread violence in the
period prior to the 2008 election and that politicians involved in
committing acts of violence should not be allowed to hold any public
office, as part of the national healing process provided for in the
GPA. Conway was released the same day.
The government continued to favor Nolbert Kunonga, the ZANU-PF-
affiliated, former Anglican bishop of Harare, who formed the Church of
the Province of Zimbabwe in 2007. In late November and December, police
and priests aligned with Kunonga renewed disruptions of CPCA church
services and functions after several months of peaceful sharing of
church facilities by Kunonga and the CPCA. On November 22, 10 police
officers and six priests in Mangwende, Mashonaland East aligned with
Kunonga interrupted services at St. Clare's Church and forced Reverend
Chad Gandiya, bishop of the diocese of Harare of the CPCA, and church
parishioners to leave.
On December 20, police blocked parishioners' access to every
Anglican church in Harare during Sunday morning services and made
several arrests. For example, an employee of the CPCA at the Harare
Anglican Cathedral, Misheck Dangirwa, was abducted and beaten by men
aligned with Kunonga before being arrested. He was released on December
23. The same day, Sam Chikumbirike, a warden for a church in the Harare
suburb of Hatcliff, was beaten and arrested for permitting a meeting of
the church's women's group on December 19; he was released on December
21. At year's end it was unclear what charges, if any, Dangirwa and
Chikumbirike faced.
On December 24 and 25, police again blocked access to Anglican
churches in Harare, preventing parishioners' access to Christmas
services. On December 27, both the archbishops of Canterbury and York
condemned police intimidation of Anglicans in a statement.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination against members of
religious groups, including interreligious and intrareligious
incidents, other than incidents that were politically motivated.
The Jewish community numbered approximately 270. There were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/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; 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 and asylum seekers,
but it interfered with some humanitarian efforts directed at internally
displaced persons (IDPs).
During the year armed police continued routinely to erect
roadblocks in and around cities and rural districts, especially before
planned demonstrations. Security forces claimed that they were looking
for criminals, smuggled goods, and food; however, in many cases police
arbitrarily seized goods for their own consumption.
During the year travel bans on a variety of persons remained in
effect. Foreign correspondents were denied visas during the year. On
October 29, the government deported Manfred Nowak, the special
rapporteur on torture and other cruel, inhuman, or degrading treatment,
after security officers refused to grant him entry on October 28. Nowak
was in South Africa in transit to Zimbabwe on October 27 when he
learned that the government had rescinded its invitation for a fact-
finding mission. Prime Minister Tsvangirai then invited Nowak for a
meeting on October 29. However, when Nowak arrived in Harare, security
officials claimed the Ministry of Foreign Affairs had not granted
clearance for the meeting and refused him entry.
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 guaranteed 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 one has a parent or parents that are born out of
the country, they are citizens of the other country by descent. In
addition, some countries, including in southern Africa, do not have a
means to renounce citizenship. Independent groups estimate that as many
as two million citizens may have been disenfranchised by the law,
including those perceived to have opposition leanings, such as the more
than 200,000 commercial farm workers from neighboring countries and
approximately 30,000 mostly white dual nationals. The problem became
particularly acute during voter registration in late 2007 and during
the 2008 elections, when some were denied the right to vote--despite
having voted previously--because they could not adequately demonstrate
their citizenship.
Internally Displaced Persons.--According to independent
assessments, hundreds of thousands of 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. Since 2007 the International Organization on
Migration (IOM) helped more than 200,000 displaced persons with
temporary shelter and food. A total of 8 percent of citizens surveyed
in 2007 stated they had moved in the last five years because they were
``asked to move.'' 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). During the year the
government acknowledged 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.''
The government's campaign of forced evictions and the demolition of
homes and businesses continued during the year under the land reform
policy, which affected more than 5,000 farm workers and their families.
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 people
mightay have been affected by the land reform program during the year.
Most were displaced from farms taken over 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, during the year evictions increased and hundreds of
workers' homes were burned by new proprietors
During the year some local government officials facilitated donor
and NGO provision of humanitarian assistance to IDPs. However, in
certain cases, particularly those involving disputed farms, the
government refused to grant NGOs access to assist displaced persons.
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. The government did not
provide assistance to IDPs, prohibited humanitarian agencies from
assisting IDPs or conducting surveys to assess the scope of the
problem, and refused to acknowledge that its policies had caused
internal displacement. In August 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. During the year many IDPs continued to return to
their rural home areas and rebuilt homes damaged or destroyed in 2008.
At year's end some families continued to live in tents that were
provided as temporary shelter in 2008 by independent organizations.
Others had integrated into new communities within the country or in the
diaspora.
In 2005 an estimated 700,000 persons lost their homes or businesses
during Operation Murambatsvina, and approximately 2.4 million persons
were directly affected. The government program ``Operation Live Well,''
purportedly launched to build housing for those displaced, primarily
benefited government officials and the police rather than victims of
Operation Murambatsvina. The Swiss-based Internal Displacement
Monitoring Centre's 2008 report The Many Faces of Displacement: IDPs in
Zimbabwe reported that victims of Operation Murambatsvina continued to
suffer and lacked permanent shelter. Some of those who returned to
rural areas were regarded with suspicion by rural chiefs and were
unable to remain. In urban areas the continued lack of housing
contributed to high rent and overcrowding.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees, its 1967 Protocol, and
the 1969 African Union Convention Governing the Specific Aspects of the
Refugee Problem in Africa. Its 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.
By law refugees must live at the Tongogara refugee camp, where they
had access to basic services and accommodation. However, the
government's encampment policy posed limitations on refugees' freedom
of movement and ability to earn a livelihood. In some cases the
government permitted refugees with special needs to live in urban
centers. The government granted work permits to a few refugees,
primarily those with special skills.
Some refugees lived in urban areas without the permission of the
government and remained at risk of arrest and return to the refugee
camp. 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 to have access
to legal representation.
The UNHCR had a resettlement program that processed approximately
300 individuals for third-country resettlement 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; however, this right was restricted in practice
because the political process continued to be tilted heavily in favor
of ZANU-PF, which has dominated since independence in 1980.
Elections and Political Participation.--In 2007 SADC designated
then South African president Thabo Mbeki to serve as mediator between
Robert Mugabe's government and the MDC. The mediation aimed to produce
a mutually agreed election date and procedures to rewrite the
constitution. Mbeki described his main objective as facilitating
elections ``whose outcome would not be contested.'' While the mediation
was ongoing, Mugabe announced in January 2008 that elections would be
held in March 2008, despite Morgan Tsvangirai's protests that mediation
was still under way and there was not enough time to campaign. On March
29, 2008, the country held harmonized elections for the presidency,
House of Assembly, Senate, and local government.
As in previous elections in 2000, 2002, and 2005, the preelection
period was not free and fair. The environment was characterized by some
violence and a media environment that heavily favored Mugabe. Although
Tsvangirai was allowed to campaign, the police did not permit the MDC
to hold all planned rallies, and some MDC activists were intimidated
and beaten in the weeks before the election. Foreign journalists were
not granted permission to cover the 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 carry out its
responsibilities. 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.
During the year 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 fraudulently 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 March 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. In August 2008
Lovemore Moyo of the MDC-T was elected Speaker of the House by secret
ballot, marking the first time a member not affiliated with ZANU-PF
ever held the seat.
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, 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 up to the run-off election were marred by
widespread violence and intimidation perpetuated 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 Mugabe had won with more
than 85 percent of the vote; he was inaugurated the same day.
Due to a government policy shift from the March election, 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 a means to curtail the ability of civil society to
monitor the election, especially polling.
While the country did not allow nationals of most Western countries
to observe the elections, it allowed election observer missions from
three African groups: the Pan African Parliament, SADC, and the African
Union. All of the groups subsequently issued statements critical of the
election. Leaders of a number of neighboring countries, including
Botswana and Zambia, condemned the election conduct.
Following domestic and international protests of Mugabe's
inauguration, ZANU-PF and MDC resumed negotiations, with 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, 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. On February 5, Parliament passed constitutional amendment
19, which added to 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 February 11 inauguration of MDC-T leader Morgan Tsvangirai as prime
minister, alongside Deputy Prime Ministers Arthur Mutambara and
Thokozani Khupe. On February 13, 41 ministers and 20 deputy ministers
were sworn into office.
On December 21, several months after parliament submitted
nominations to his office, President Mugabe named the members of three
of four independent commissions, including for the Media, Human Rights,
and Electoral Commissions, as provided for in the GPA. Nominees for the
Anti-Corruption Commission had not been named by year's end, and none
of the commissions were legally constituted, as their chairpersons had
not yet been named.
A number of issues set forth in the GPA remained unresolved at
year's end. There were selective prosecutions of MDC-T officials, and
intimidation of civil society leaders and opposition members continued.
In addition, President Mugabe appointed an attorney general and a
reserve bank governor without consulting with Prime Minister Tsvangirai
as stipulated in the GPA. On October 16, following months of protests
from the prime minister and observers that Mugabe was not fulfilling
his commitments under the GPA, Tsvangirai and MDC-T ministers announced
they were ``disengaging'' from ZANU-PF. In subsequent weeks MDC-T
officials did not attend cabinet meetings, and Tsvangirai sought
intervention by numerous heads of state from other SADC countries
before the matter was ultimately referred to SADC, as the guarantors of
the GPA. On November 5, SADC heads of state, including South African
President Jacob Zuma, the SADC-mandated mediator, reaffirmed their
commitment to ensuring the implementation of the GPA; the MDC-T
subsequently returned to government. By year's end the three parties
had resolved most of the more than 20 outstanding GPA issues. However,
there was no resolution of several high priority issues, including the
appointments of provincial governors, the reserve bank governor, and
the attorney general.
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. ZEC is comprised 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. ZEC also has
provincial and district offices. Since ZECec's inception, observers
have questioned its independence and impartiality. President Mugabe
announced the eight members of the ZEC on December 21 but had not named
a chairperson at year's end. Without a properly constituted ZEC, there
is no legal body authorized to oversee elections in Zimbabwe.
In September 2007 Parliament unanimously passed constitutional
amendment 18. Among other changes the amendment expanded the House of
Assembly by increasing the number of constituencies from 120 to 210. It
also empowered ZEC to set the boundaries of parliamentary and local
constituencies. The delimitation report was finalized in January 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, the ruling
party and security forces intimidated and committed abuses against
opposition 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, has sole power
to dissolve Parliament and to appoint or remove a vice president and
any minister or deputy minister, and directly appoints eight provincial
governors who sit in Parliament and six senators.
The government routinely interfered with MDC-led local governments.
In the 2008 elections, the MDC won a majority of seats in city councils
across the country. 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 should fill ``gaps'' by including
members of business and civil society in the councils. However,
Minister Ignatius Chombo used this authority to appoint losing ZANU-PF
candidates to councils across the country. City councils in Mutare,
Harare, Bulawayo, and other cities challenged such appointments.
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 House and Senate elected positions, 57 were filled by women,
constituting 21 percent of the total, short of the SADC target for
female representation of one-third. In 2006 Rita Makarau became the
first woman to hold the position of judge-president of the High Court.
Women participated in politics without legal restriction, although
according to local women's groups, husbands commonly directed their
wives to vote for the husbands' preferred candidates, particularly in
rural areas. The ZANU-PF congress allotted women one-third of party
positions and reserved 50 positions for women on the party's 180-member
central committee, which was one of the party's most powerful
organizations.
There were 11 members of minority groups in the cabinet, including
Deputy Prime Minister Thokozani Khupe, former vice president Joseph
Msika, who died in August, and his replacement selected by the ZANU-PF
party congress, Vice President Joshua Nkomo, who was sworn in on
December 14. 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. The most recent World Bank's Worldwide Governance Indicators
reflected that corruption was a severe problem. Implementation of the
government's ongoing redistribution of expropriated white-owned
commercial farms substantially favored 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 one-farm per official policy. 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.
High level ZANU-PF officials and entrepreneurs supporting the
ruling party received priority access to farm inputs such as
fertilizer, seed, and fuel. The government's campaign to provide
housing plots and vending sites for victims of Operation Murambatsvina
mostly benefited civil servants, security forces, and ZANU-PF
supporters.
A government-appointed Anticorruption Commission was established in
2005 but had yet to register any notable accomplishments.
Constitutional amendment 19 required the previous commission to be was
disbanded and a new one to be appointed; however, commission members
had not been named by year's end.
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. For example, in March
Brigadier General Douglas Nyikayaramba, head of a committee to
administer the provision of farming inputs, 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 of Dzivarasekwa, Ernest Mudavanhu of Zaka
North, Hamandishe Maramwidze of Gutu North, Edmore Marima of Bikita
East, Heya Shoko of Bikita West, Ransome Makamure of Gutu East,
Tachiona Mharadza of Masvingo West, and ZANU-PF MPs Tranos Huruba of
Chivi North and Ivine Dzingirayi of Chivi South. The nine stood trial
separately. On July 21, Mudavanhu was found guilty and sentenced to two
years in jail with six months suspended if he paid a fine of $15,000.
He was released on bail on September 11 pending appeal. Makamure,
Marima, and Shoko were acquitted; the remaining cases were pending at
year's end. Convicted MPs could lose their seats in Parliament.
There were reports that ZANU-PF officials in the government removed
from the civil service and the military persons perceived to be MDC
supporters. There also were reports that the government assigned
soldiers and youth service members to work in government ministries. In
August the comptroller and auditor-general submitted a report to
Parliament that documented significant irregularities within the
Ministry of Youth Development, Indigenisation, 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 market stalls in the major cities. On August 14, a
magistrate's court convicted MDC-T Mayor of Chitungwiza Israel Marange
of accepting a $1,000 bribe to allocate a vending stall and sentenced
him to one year in jail. Marange was released on bail pending appeal in
the High Court; the case was pending at year's end. On December 7, the
MDC-T announced it was suspending Marange and several other MDC-T
officials who were accused of corruption.
In April Transparency International-Zimbabwe's (TI-Z) Advocacy and
Legal Advice Center began an anticorruption campaign by inaugurating a
toll-free hotline for residents to report corruption, seek free legal
advice, and propose solutions for the prevention of corruption, TI-Z
also established a corresponding monthly newsletter to discuss hotline
complaints. Although the hotline was initially advertised in
government-controlled media, in August the national public broadcaster,
Zimbabwe Broadcasting Holdings, refused to carry TI-Z's advertisements.
Many of the hotline's callers complained about police soliciting bribes
at traffic stops, corruption in the allocation of vending stalls, and
officials' misappropriation of funds.
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 AIPPA; election observation; constitutional and electoral reform;
increasing poor women's access to the courts; raising awareness of the
abuse of children; conducting civic education; preserving the
independence of the judiciary; and combating torture, arbitrary
detention, and restrictions on freedom of the press and assembly. Major
domestic independent human rights organizations included the Crisis in
Zimbabwe Coalition, Zimbabwe Human Rights NGO Forum, ZESN, ZLHR, ZPP,
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.'' On July 27, President Mugabe criticized NGOs,
describing them as having ``exceeded their terms of reference'' and
questioned ``the advisability of having NGOs.''
During the year police arrested or detained NGO members, often in
connection with demonstrations or marches; many were beaten during
arrest and tortured while in custody. Numerous NGO members died in
postelection violence in 2008.
The government harassed some NGOs it believed opposed government
policies, investigated their activities, and harassed their leaders.
Unlike in previous years, there were no known cases of police raids of
NGO offices. The government continued to obstruct the activities of
organizations involved in humanitarian activities, particularly in
rural areas.
Representatives of international and foreign NGOs were harassed. On
September 23, security forces interrupted a workshop in Mutare and
arrested Kenyan environmental activist Patrick Ochieng, the founder and
executive director of the NGO Ujamaa Centre. Police charged him with
attempting to incite villagers in the Chiadzwa region to subvert a
constitutionally elected government, detained him for several hours,
withheld his passport, and issued a ``warned and cautioned'' statement.
On September 24, police returned Ochieng's passport and allowed him to
leave the country.
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 on February 5. On October 12, the Judicial
Service Commission and Parliament's Committee on Standing Rules and
Orders forwarded a list of 16 names to President Mugabe for
consideration, as required by the amendment. On December 21, Mugabe
announced eight members of the human rights commission, four of whom
are required to be women, but he had not named a chairperson by year's
end.
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 was a widespread
problem, particularly during the 2008 elections. The criminal code
defines sexual offenses as rape, sodomy, incest, indecent assault, or
immoral or indecent acts with a child or person with mental
disabilities and provides for penalties up to life in prison for sexual
crimes. Police acted on reported rape cases not associated with
political violence, and the government media frequently published
stories denouncing rape and reporting convictions. In many cases the
victims knew their rapists. The criminal code also makes it a crime to
knowingly infect anyone with HIV. Local NGOs dealing with women's
rights reported that rape cases were brought to the court and there
were convictions; however, statistics were unavailable.
In December the international NGO AIDS Free World published a
report entitled Electing to Rape: Sexual Terror in Mugabe's Zimbabwe,
which was based on interviews with 70 women who survived rape in 2008.
The women, most of whom were affiliated with the MDC, reported they
were collectively raped at least 380 times by 241 different ZANU-PF
youth militia and war veterans. Each woman reported being raped five
times on average, although the actual number could be higher as many
women fell unconscious during the attacks. Sixty-seven of the women
reported that the perpetrator made political statements during the
rape; most victims were affiliated with the MDC.
According to reports, soldiers and illegal miners continued to rape
numerous women in the diamond fields in Chiadzwa during the year. One
local NGO reported that at least 50 women were raped during the 2008
election-related violence. Because rape was underreported, NGOs believe
the actual number was much higher. In a locally produced documentary
entitled Hear Us: Women Affected by Political Violence in Zimbabwe
Speak Out, survivors of rape and torture detailed their experiences.
In November IOM, the UN Children's Fund (UNICEF), and the UN
Population Fund (UNFPA) announced plans to set up centers for survivors
of sexual abuse to access medical and psychological help. The
announcement came in response to a survey that found that the country's
social, political, and economic instability had led to an increase of
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 said 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. In 2006 the Musasa Project, a local NGO that
worked for the protection and promotion of women's rights, reported
that approximately one-third of women in the country were in an abusive
marital relationship. Most cases of domestic violence went unreported
due to traditional sensitivities and 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 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.
During the year the government continued a public awareness
campaign on the act. Several women's rights groups worked with law
enforcement and provided training and literature on domestic violence
as well as shelters and counseling for women. Local women's rights
groups reported that awareness of 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--at 30 pages long, it was difficult to complete and photocopy.
Prostitution is illegal, and several civil society groups offered
anecdotal evidence that the country's economic problems continued to
force women and girls into prostitution. Police often tolerated
prostitution at nightclubs, truck stops, and bars in urban areas.
Clients were rarely arrested. The maximum penalty for soliciting for
prostitution is a fine of $200 or imprisonment up to six months.
According to local lawyers, the maximum penalty was rarely imposed;
those found working as prostitutes typically were forced to pay a fine
at a police station. Although police occasionally arrested prostitutes,
they usually paid small fines and were not detained at length. In March
12 women in Harare pled guilty to soliciting for prostitution clients
after they were arrested while loitering outside a bar. One woman was
sentenced to one month in jail because she was already out on bail for
the same crime; the other 11 paid fines and performed community
service. There were reports that girls as young as 12 worked as
prostitutes for soldiers and illegal miners in the Chiadzwa diamond
fields. There continued to be reports that women and children were
sexually exploited in towns along the borders with South Africa,
Botswana, Mozambique, and Zambia. During the year numerous media
reports discussed police efforts to halt prostitution throughout the
country. Police arrested both prostitutes and their clients during the
year.
Labor legislation prohibits sexual harassment in the workplace, and
an employer may be held liable for civil remedies if found 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 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.
According to the UNFPA's 2009 State of the World Population Report, 58
percent of women used modern methods of contraception and 69 percent of
births were attended by skilled attendants. 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. 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 and children continued to be adversely affected by the
government's forced evictions, demolition of homes and businesses, and
the takeover of commercial farms. Many widows who earned their income
in the informal economy or by renting out cottages on their property
lost income when their market stalls or cottages were destroyed. Widows
faced particular difficulties when forced to relocate to rural areas.
Traditionally, women joined their husband's family upon marriage and
were considered an unwanted burden by their childhood families.
Likewise, they were sometimes unwelcome in their husband's family in
rural areas where resources were already strained.
The Ministry of Women's Affairs, Gender, and Community Development
continued its efforts to advance women's rights. The ministry, through
collaboration with local NGOs, continued training workshops for
traditional leaders in rural communities to create more awareness of
women's issues. The government gave qualified women access to training
in the military and national service. Although there were advances for
women within the armed forces in recent years, they continued to occupy
primarily administrative positions. In recent years women progressed in
health and education but in general were concentrated in the lower
echelons of the workforce, especially in the financial industry. Women
held positions of importance in the legislative and executive branches
of the government.
NGOs reported that anecdotal evidence indicated women experienced
economic discrimination, including 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.
Children.--Citizenship is derived from birth in the country (jus
soli) and from one's parents (jus sanguinis). 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 of a
government hospital. 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.
Schools and clinics reopened 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, and 100,000 children lived in child-
headed households.
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 Orphans and Vulnerable Children designed to ensure that
orphans and vulnerable children were able to access education, food,
health services, and birth registration and were protected from abuse
and exploitation. UNICEF reported in 2008 that the NGOs involved had
reached more than 200,000 orphans and vulnerable children with
comprehensive support and protection since the beginning of the
program.
Primary education is not compulsory, free, or universal. During the
year 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 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.
The continued low enrollment resulted from 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, inability to pay
school fees, and Operation Murambatsvina.
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. In 2006, in collaboration with UNICEF and other partners, the
government launched a National Girls' Education Strategic Plan to
increase the likelihood of achieving universal primary education and
ensuring that girls stayed in school.
Child abuse, including incest, infanticide, child abandonment, and
rape, continued to be serious problems during the year. Police
statistics showed that child rape tripled between 2005 and 2007.
Anecdotal evidence suggested that a relative or someone who lived with
the child was the most common abuser. Girl Child Network reported that
girls believed to be virgins were at risk of rape due to the belief
among some that having sex with a virgin would cure men of HIV and
AIDS. In 2008 UNICEF and the government launched the ``Stand Up and
Speak Out'' child abuse awareness and prevention campaign. In October
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.
The traditional practice of offering a young girl in marriage as
compensatory payment in interfamily disputes continued during the year,
as did arranged marriage of young girls. The legal age for a civil
marriage is 16 for girls and 18 for boys. Customary marriage,
recognized under the Customary Marriages Act, does not provide for a
minimum marriage age for either boys or girls; however, the criminal
code prohibits sexual relations with anyone younger than 16 years of
age. According to UNICEF in 2006, 29 percent of young women married
when they were under 18 years of age. Child welfare NGOs reported that
they occasionally saw evidence of underage marriages, particularly in
isolated religious communities or among HIV/AIDS orphans who did not
have relatives willing or able to take care of them.
A child is defined as a person under 16 years of age. Statutory
rape, legally defined as sexual intercourse with a child, carries a
fine of $2,000, imprisonment up to 10 years, or both. A person in
possession of child pornography could be charged with public indecency
and face 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. There were reports of children as young as 14
engaged in prostitution in Chiadzwa; however, because of restricted
access to the area, NGOs were unable to confirm the age of the girls.
The government gave preference to national youth service graduates
among those seeking employment in the government, especially in the
security forces. The stated purpose of the training camps was to
instill national pride in youth, highlight the history of the struggle
for independence, and develop employment skills; however, news reports
quoted deserters as saying that the camps subjected trainees to
partisan political indoctrination as well as military training. There
were numerous credible reports that graduates were used by the
government to carry out political violence. 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. Persons under 18 are
prohibited from joining the military or police.
With 1.6 million orphans with HIV/AIDS, the country had the world's
highest percentage of orphaned children at one in four, and the number
increased during the year. Ninety percent of orphans were cared for by
the extended family. Many grandparents were left to care for the young,
and in 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, and to suffer discrimination and
social stigma. Extended families and communities often refused to take
in orphans out of 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
during the year. At year's end NGOs were uncertain how many children
remained affected. Ongoing economic hardships and the government's lack
of support for social welfare institutions contributed to a highly
vulnerable population of approximately 5,000 street children throughout
the country. NGOs operated training centers and homes for street
children and orphans, and government officials referred children to
these centers.
Trafficking in Persons.--No laws specifically address trafficking
in persons, and the country was a source, transit, and destination
country for trafficking in persons. Domestic trafficking also occurred.
Trafficking was a serious problem. NGOs, international
organizations, and governments in neighboring countries reported that
Zimbabwean emigrants continued to face exploitation. Rural children
were trafficked domestically and regionally into farms or cities for
agricultural labor, domestic servitude, and commercial sexual
exploitation, often under false pretenses of job or marriage proposals,
according to one NGO. Reports suggested that those children in
desperate economic circumstances, especially those in families headed
by children, were most at risk. Women and children were reportedly
trafficked for sexual exploitation in towns across the borders with the
four neighboring countries. In recent years women and girls were lured
to South Africa, China, Egypt, the United Kingdom, Canada, and Zambia
with false employment offers that resulted in involuntary domestic
servitude or commercial sexual exploitation. Women and children from
the Democratic Republic of the Congo, Malawi, Mozambique, and Zambia
were trafficked through the country to South Africa. Small numbers of
South African girls were trafficked to the country for forced domestic
labor.
Men also were trafficked in the region after being lured by the
promise of employment. For example, at least one group of six
Zimbabwean men was lured to Angola with the promise of employment in
construction. On arrival, they were not paid and were subjected to
forced labor.
Traffickers were typically independent businesspersons who were
part of small networks of local criminal groups that facilitated
trafficking within the country, as well as into South Africa or other
surrounding countries. Anecdotal reporting indicated that traffickers
approached a potential victim, usually young women or girls, with the
offer of a lucrative job in another part of the country or in a
neighboring country. Many young men and boys were exploited by
``guides'' when they attempted to cross the border illegally into South
Africa to find work. Trafficked citizens often labored for months
without pay in South Africa before their ``employers'' reported them to
authorities as illegal immigrants. Traffickers often transported
victims covertly across borders at unofficial border crossing points.
The use of child laborers, especially as farm workers or domestic
servants, was common in the country, often with the complicity of
family members. Some children were trafficked internally to work as
farm workers or domestic servants.
The constitution and law prohibit forced or compulsory labor,
including by children, with the exception of working for parents or the
national youth service, and traffickers could be punished under this
law. Forced labor is punishable by a fine, two years' imprisonment, or
both. It is a crime under the criminal code to transport persons across
the border for sex. The law provides for a fine and a maximum prison
sentence of two years (10 years if the victim is under the age of 16)
for procuring another person to become a prostitute, whether inside or
outside the country. Traffickers also can be prosecuted under other
legislation such as immigration and abduction laws.
The government demonstrated interest in combating trafficking;
however, it did not devote sufficient resources to investigating and
prosecuting cases.
The primary government authority to combat trafficking was the ZRP,
which relied on NGOs to alert them to cases. The Interpol National
Central Bureau Zimbabwe's ``antitrafficking desk'' was staffed with ZRP
officers who assisted with international investigations.
There were reports suggesting that corruption in law enforcement,
especially at the local level, directly or indirectly facilitated
trafficking. The government took steps during the year to educate and
train officials to combat trafficking. Government officials attended
IOM seminars on trafficking during the year. The IOM held numerous
sector-specific training workshops during the year: four for law
enforcement, eight for social services professionals, two for
educators, and one for local government officials.
In 2008 the government signed a memorandum of understanding with
the South African government for a joint project to regularize the
status of illegal Zimbabwean migrant farm workers in South Africa's
Limpopo Province and ensure them proper employment conditions.
Although the government lacked resources to provide protective
services on its own, the police's Victim Friendly Unit, social
services, and immigration officials used an established process for
referring victims to international organizations and NGOs that provided
shelter and other services. The government coordinated closely with the
IOM-run migrant reception centers in Beitbridge on the border with
South Africa and Plumtree near the Botswana border that provided social
and reintegration services to the large number of repatriated illegal
migrants and screened them to identify trafficking victims.
Victims suffering from child or domestic abuse were offered special
procedures in victim-friendly courts, and trafficked persons had the
option to take cases before such courts. Local immigration and social
services officials referred trafficking victims to NGO-funded centers.
Save the Children Norway also offered shelter and referrals for medical
attention at the IOM reception centers in Beitbridge and Plumtree for
unaccompanied children and trafficking victims.
The government-run media prominently featured articles about
trafficking in persons, and the government had prevention programs to
provide alternatives for children at risk. The government also
continued to cooperate with the IOM and Interpol in a public awareness
radio campaign in five languages that led to the identification of
several victims during the year. In 2008 the IOM and local NGO Oasis
Zimbabwe launched an antitrafficking hotline. However, the hotline
received few calls during the year due to lack of public awareness.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment, access
to public places, and the provision of services; however, the lack of
resources devoted to training and education severely hampered the
ability of persons with disabilities to compete for scarce jobs. The
law stipulates that government buildings be accessible to persons with
disabilities, but implementation 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
children with disabilities often were hidden when visitors arrived. In
2008 the government announced it was reviewing the Disabled Persons
Act, the Mental Health Act, and the constitution to align them with the
Convention on the Rights of People with Disabilities; no further action
was taken by year's end.
According to the National Association of Societies for the Care of
the Handicapped, 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.
The amendments to electoral laws changed voting procedures for the
disabled. In February 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 violated persons with
disabilities' right to cast their votes in secret. Ahead of the June
2008 run-off, there were widespread reports that ZANU-PF militias and
war veterans instructed voters to claim blindness at the polling place
in order to be assisted to vote for Mugabe. During the year 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.
Operation Murambatsvina in 2005 severely affected persons with
disabilities and, according to the UN special envoy's report on the
operation, the government held approximately 50 persons with physical
and mental disabilities without care at a transit camp separated from
the rest of the camp population.
The government broadcast a regular, prime-time program on state
radio to promote awareness of the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--According to government
statistics, the Shona ethnic group makes up 82 percent of the
population, Ndebele 14 percent, whites less than 1 percent, and other
ethnic groups 3 percent. There was some tension between the white
minority and other groups, between the Shona majority and the Ndebele
minority, and among the various Shona subgroups.
The government continued its attempts to attribute the country's
economic and political problems to the white minority and Western
countries. On several occasions President Mugabe, members of ZANU-PF,
and the government-controlled media attempted to reignite resentment of
the white minority. Ruling party supporters seldom were arrested or
charged for infringing upon minority rights, especially those of the
white commercial farmers targeted in the land redistribution program.
In 2008 Mugabe signed the Indigenization and Economic Empowerment
Bill into law. The bill's official purpose was to increase
participation of indigenous citizens in the economy with the ultimate
objective of at least 51 percent indigenous ownership of all
businesses. An indigenous Zimbabwean was defined as any person, or the
descendant of such person, who before April 18, 1980--the date of the
country's independence--was disadvantaged by unfair discrimination on
the grounds of his or her race. The bill was criticized as an attempt
to create patronage for ZANU-PF.
During the year ZANU-PF used the bill 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, along with Shona or Ndebele, depending on the region, in
schools. 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 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.--Over a period of years, Mugabe
publicly denounced the LGBT community, blaming them for Africa's ills.
Although there was no statutory law proscribing homosexual conduct,
common law prevents homosexual men, and to a lesser extent, lesbians,
from fully expressing their sexual orientation and, in some cases,
criminalizes the display of affection between men. In 2006 the 2004
amended criminal code became effective, broadening the definition of
sodomy to include ``any act involving physical contact between males
that would be regarded by a reasonable person to be an indecent act.''
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.
There was one organization, Gays and Lesbians of Zimbabwe (GALZ),
that was dedicated to advancing the rights of the LGBT community. GALZ
experienced discrimination and interference in its operations during
the year. 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 to release the
materials. Due to the courts' refusal to act, three cases from 2008,
three cases from 2007, and two cases from 2006 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.
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, by 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 the LGBT community were reported.
Other Societal Discrimination.--The government had a national HIV/
AIDS policy that prohibited discrimination against persons with HIV/
AIDS, and the law aims to protect against discrimination of workers in
the private sector and parastatals. Despite these provisions, societal
discrimination against persons affected by HIV/AIDS remained a problem.
Although there was an active information campaign by international and
local NGOs, the Ministry of Health and 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, mounted increasingly vocal lobbies for improved wages
and conditions during the year; however, union leaders and members were
harassed, arrested, and beaten during the year. The government also
restricted union activity indirectly by defining all senior employees
as managers even though such employees did not enjoy benefits
commensurate to the title; this was not widely enforced in practice.
Employees in positions designated as managerial were excluded from
general union membership. Unions must be registered with the Ministry
of Labor and Social Welfare.
During the year approximately 300,000 persons belonged to the 36
unions that form the Zimbabwe Congress of Trade Unions (ZCTU);
approximately 65 percent of industries were unionized. The ZCTU
estimated that 600,000 persons were employed in the formal sector.
Approximately 3 million persons worked in the informal sector, of which
1.2 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. In
addition to fostering confusion among workers, splinter unions forced
existing unions to spend scarce resources guarding against declining
membership. The splinter unions did not bargain collectively, handle
worker complaints, or provide worker education, and were not very
influential during the year. In September over 20,000 teachers
discovered that their pay slips showed a deduction for dues paid to the
Teachers Union of Zimbabwe, a ZFTU affiliate. Thousands of teachers
complained that their union membership was changed from one of the more
prominent unions, or from no union affiliation, without their consent.
The Ministry of Education, Sport, Art, and Culture corrected the error
in subsequent months but did not reimburse the teachers.
ZANU-PF elements of the government openly targeted the ZCTU,
declaring it aligned with the opposition 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. For example, unions were 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 May 22, police arrested Chris Mahove, a journalist with the ZCTU
publication The Worker, after he took photographs of a demonstration by
Harare municipal workers, and deleted the pictures from Mahove's
camera. Police then arrested The Worker editor Ben Madzimure, when he
enquired about the arrest of his colleague; both were released without
charge the same day.
On September 12, riot police in Harare barred the ZCTU from holding
a march commemorating a 2006 incident in which police violently
dispersed a union protest. Police acted in defiance of a high court
order by Judge Tedius Karwi permitting the demonstration when, armed
with batons, guns, and water cannons, they cordoned off the road
leading to the demonstration site. Union supporters dispersed
peacefully, and police did not ultimately use force against the crowd.
On November 8, ZCTU president Lovemore Matombo and four other union
leaders were arrested in Victoria Falls after they attempted to hold a
labor meeting. Police held the five labor leaders without charge until
a November 12 hearing. During the hearing the magistrate reprimanded
police for arresting the labor leaders under POSA, as labor
organizations are exempt from the legislation.
In 2008 the International Labor Organization's (ILO) Application of
Standards Committee, in its report on trade union rights abuses,
included cases filed by the ZCTU concerning violations of freedom of
association and protection of the right to organize for the second
consecutive year. Zimbabwe was one of two countries the committee
criticized regarding implementation of ILO Convention 87, which deals
with freedom of association. The committee called on the government to
halt arrests, detentions, and threats, and criticized it for refusing
to appear before the committee for two consecutive years to face the
allegations. The International Trade Union Confederation also
criticized government harassment of unions during the year.
In November 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, a three-person ILO commission
of inquiry visited Zimbabwe and interviewed more than 100 individuals
from government, civil society, unions, workers, and employers. The
report was not completed by year's end.
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, and, in some
industries, the government defined most employees as managers.
In practice the government harassed and arrested union leaders who
called for strikes and union members who attempted to participate in
strikes. In September teachers, including several members of the
Progressive Teacher's Union Zimbabwe, were threatened or beaten by
ZANU-PF youths for not going on strike. For example, Duncan Mapasure, a
teacher at Mtasa Primary School in Mtasa district, Manicaland, was
beaten by ZANU-PF youth militias outside his classroom. Mapasure told
the press the youths ``demanded that all teachers should stop teaching
and stay home until Tsvangirayi removes sanctions.'' 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 2008 or 2007 cases
of union harassment.
b. The Right to Organize and Bargain Collectively.--The LRAA
provides workers with the right to organize and permits unions to
bargain collectively over wages and conditions of employment, and
workers exercised this right in practice; however, government
harassment of union leaders and interference by 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. For example, the Apex Council, which
represents civil servants, negotiated with the government over
salaries. Teachers, the largest civil servant sector, engaged in labor
actions during the year.
The minister of labor and social welfare retained the power to veto
agreements that she believed would harm the economy, but she did not
involve himself directly in labor negotiations unless requested to do
so by one of the parties.
Although the law prohibits antiunion discrimination, in practice
union members faced discrimination and harassment. A labor court
handled complaints of such discrimination under the mechanism for
resolving cases involving ``unfair labor practices.'' The determining
authority may direct that workers fired due to antiunion discrimination
be reinstated, although this did not happen in practice.
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, 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. Forced child
labor occurred across a wide range of sectors; however, no detailed
information was available on the extent of the practice.
HRW 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 HRW 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 HRW, ``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.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the LRAA child labor is punishable by a fine, two years'
imprisonment, or both; however, child labor was common. Under the LRAA,
a child between the ages of 13 and 15 can work as an apprentice or if
the work is an integral part of ``a course of training or technical or
vocational education.'' The law further states that no person under 18
shall perform any work likely to jeopardize that person's health,
safety, or morals. The status of children between 15 and 18 years of
age is not directly addressed, but 15 years of age remains the minimum
for light work, work other than apprenticeship, or work associated with
vocational education.
The government released the 2004 Child Labor Report in 2006.
According to the survey, approximately 46 percent of children between
the ages of five and 17 were engaged in economic activity. The
unemployment rate continued to grow, with some estimates as high as 90
percent, which decreased the number of children employed in the formal
sector. However, the incidence of children who worked in the informal
sector continued to increase as more children worked to fill the income
gap left by ill, unemployed, underemployed, or deceased relatives.
Children often lacked access to necessary safety equipment and
training. Children worked in the agricultural sector, as domestics, in
illegal gold and diamond mining, as street vendors, and as car-
watchers. There were continued reports of large numbers of girls
subject to sexual exploitation. Although the government and NGOs
increasingly discussed the problem of child labor in the agricultural,
domestic, and informal sectors, concrete data on the number of cases
remained difficult to evaluate and confirm. An August 2007 survey by a
domestic NGO documenting child labor reported that approximately one-
third of children were working. Given the economic downturn and
reduction in school hours in 2008 and continued low school enrollment,
the organization believed the percentage of children working was higher
than one-third during the year.
Most economically active children still 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; and on tea and coffee
plantations and small farms. Children worked on cotton farms; one NGO
reported that school attendance rates declined in cotton growing areas
during the harvest. 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. HRW 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. According to HRW, a 13-year-old girl
reported that ``for two weeks in January 2009, I worked in the diamond
fields together with several other children to carry sacks of diamond
ore from the field and to fetch water to sieve the ore. I was too
afraid to run away. Every day I would carry ore and only rest for short
periods when the men were digging. We always started work very early in
the morning before eight and finished when it was dark after six. All I
want now is to go back to school.'' Teenage girls also reportedly were
sexually exploited by soldiers and diamond diggers in the Chiadzwa
area. Children working in agriculture, mining, as street vendors, or
who were sexually exploited faced threats to their health and safety.
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 in small spaces in
abandoned gold mines shafts near Shurugwi in Midlands Province. 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 they were assisting a child from a rural home by providing
housing and board. In addition, some employers paid the parents for the
child's work. Relatives often used AIDS-orphaned children as domestics
without pay.
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 July 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.
e. Acceptable Conditions of Work.--There is no national minimum
wage except for agricultural and domestic workers. Government
regulations for each of the 22 industrial sectors continued to specify
minimum wages, hours, holidays, and required safety measures. The
minimum wage did not provide a decent standard of living for a worker
and family, and more than 85 percent of the population continued to
live below the government's poverty line. The Ministry of 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 the 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. In April the National Social Security
Administration (NSSA) announced that pensioners would receive $25 per
month; the ZCTU and pensioners complained that the pension was
inadequate.
The maximum legal workweek is 54 hours, and the law prescribes a
minimum of one 24-hour rest period per week. No worker is allowed to
work more than 12 continuous hours; however, there was little or no
enforcement, particularly in the agricultural and domestic worker
sectors. The law prescribes that workers receive not less than twice
their standard remuneration for working on a public holiday. However,
workers were unlikely to complain to authorities about violations due
to fear of losing their jobs.
The public service commission sets conditions of employment in the
public sector. Health and safety standards were determined on an
industry-specific basis. The government designated the Zimbabwe
Occupational Safety Council, a 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 ineffective. The NSSA continued to experience
difficulty monitoring the thousands of work sites across the country;
however, it continued to close shops and factories not in compliance.
The NSSA reported in 2007 that a high turnover in staff meant that only
20 of 31 safety and health inspector positions were filled to monitor
an estimated 14,000 registered factories. In 2007 government media
reported 64 workplace fatalities and 5,568 injuries through November.
By year's end the government had not taken action to address health
risks in the workplace. Workers have a legal right to remove themselves
from dangerous work situations without jeopardy to continued
employment, but in practice they risked the loss of their livelihood if
they did so.
Information on the treatment of foreign and migrant workers was not
available. The government considered many commercial farm workers
foreigners 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 21.4
million. Citizens periodically choose their representatives in free and
fair multiparty elections. In federal parliamentary elections held in
2007, the Australian Labor Party (ALP) defeated the governing Liberal
Party and National Party coalition, and ALP leader Kevin Rudd became
prime minister. Civilian authorities generally maintained effective
control of the security forces.
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 people.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the government
generally respected these provisions in practice. However, there were
occasional reports that police and prison officials mistreated suspects
in custody. Some indigenous groups charged that police harassment of
indigenous people was pervasive and that racial discrimination by some
police and prison custodians persisted.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
government permitted monitoring visits by independent human rights
observers.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the armed forces and police, and the
government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.
Arrest 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 an
extension of the initial court order.
Although the law states that the maximum investigation period for
which a person can be held and questioned without charge is 24 hours
(unless extended by court order), it also provides that this allowable
time for questioning a suspect can be spread across an unspecified
number of days (a concept known as ``dead time'' )--a provision
criticized by human rights groups, the media, and the legal profession.
In August the government released a discussion paper on proposed
changes to national security legislation that included a proposal to
replace ``dead time'' with a seven-day limit on holding a suspect for
questioning. Action had not been taken on that proposal by year's end.
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 order must be sought from a court.
Bail generally is available to persons facing criminal charges
unless the person is considered to be a flight risk or is charged with
an offense carrying a penalty of 12 months' imprisonment or more.
Attorneys and families were granted prompt access to detainees.
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. Law enforcement agencies require a warrant
to intercept telecommunications, including Internet communications. In
emergency situations the director general of ASIO, for example, 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 ACMA
investigation concludes the complaint is justified. The list is made
available to providers of filtering software.
Individuals and groups engaged in the peaceful expression of views
via the Internet, including by e-mail. The Internet was widely used.
According to the Australian Bureau of Statistics (ABS), 72 percent of
households had Internet access as of June.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--While the rights
of peaceful assembly and association are not codified in law, the
government generally respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
Societal Abuses and Discrimination.--According to the 2006 census,
the country's Jewish community numbered 88,832 persons. In the 12-month
period ending September 30, an annual report on anti-Semitism by the
Australia/Israel and Jewish Affairs Council, a nongovernmental
organization (NGO), recorded 962 anti-Semitic incidents, compared with
652 during the previous 12 months. According to the report's author,
the overall increase resulted primarily from ``new peaks'' in reported
incidents of harassment of Jewish citizens on the street, such as
abusive remarks directed at Jewish persons walking to or from synagogue
services, and in anti-Semitic e-mails and Internet postings. On the
other hand, the report also noted a ``marked decrease'' in physical
assaults against Jewish persons and property, with 27 such incidents
reported compared with 58 and 46 respectively during the previous two
years. Telephone threats, hate mail, and anti-Semitic graffiti also
were reported at rates below the 20-year average for such incidents.
In May a Perth man was charged under Western Australia (WA) racial
vilification laws for allegedly posting anti-Semitic videos on the
Internet. The case remained pending at year's end.
In February the local council in Gold Coast, Queensland State,
unanimously approved plans to construct an Islamic school. In June the
New South Wales (NSW) Land and Environment Court upheld a decision by
the local council in Camden, NSW to reject the construction of an
Islamic school on planning grounds alone. Some Christian leaders in the
area had claimed that the school was ``incompatible with the Australian
way of life.''
The government promoted acceptance of diversity through a number of
programs, including public awareness programs conducted by the Human
Rights and Equal Opportunity Commission (HREOC) and the Department of
Immigration and Citizenship (DIAC). The National Action Plan (NAP) for
Social Cohesion, Harmony, and Security was developed in 2005-06 with
the assistance of state governments. A particular focus of the plan was
engaging the Muslim community with the broader society. The NAP's
Diverse Australia Program funded projects in areas considered
``hotspots'' of racial and cultural tension. The 16-member Australian
Multicultural Advisory Council provides the government with advice on
``social cohesion issues relating to Australia's cultural and religious
diversity.''
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The 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 is a party to the 1951
Convention relating to the Status of Refugees and its 1967 protocol.
Its 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. The government
funded refugee resettlement services such as language and employment
programs.
In October the Australian customs vessel Oceanic Viking picked up
78 Tamil asylum seekers from Sri Lanka in Indonesia's search and rescue
zone. The Tamils initially refused to disembark from the vessel unless
the Australian government agreed to take them to Australia for
processing. After a standoff lasting several weeks, the asylum seekers
agreed to disembark for processing in Indonesia after Australian
officials assured them the UNHCR would process applications and
resettlement expeditiously. All had disembarked by November 18, and the
government assigned a mobile team of five immigration officers to
Indonesia to help process their claims. Some media commentators,
opposition politicians, and asylum seekers in the country asserted that
the 78 were receiving special treatment not extended to other asylum
seekers; the government denied this was the case.
Unauthorized arrivals are processed at the Christmas Island
detention center, located off the country's northwest coast. In 2008
the government announced major changes to the mandatory detention
policy for unauthorized arrivals. Under the new policy--following
health, identity, and security checks--unauthorized arrivals 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 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). In September Parliament
passed legislation abolishing liability of detained migrants for
detention costs. (In practice most of this debt was written off.) Human
rights groups welcomed the change.
DIAC provided immigration advice and assistance to persons making
an initial asylum claim or application for lawful residence. DIAC also
has a statutory obligation to facilitate access to legal representation
for persons in immigration detention.
As of October 30, there were 1422 persons in immigration detention,
including 284 on the mainland and 1138 on Christmas Island. Although
delays in processing asylum applications were not a significant problem
during the year, a small number of asylum seekers remained in long-term
detention despite having exhausted the appeal process. They could not
be returned to their home country because they lacked travel documents
or could not obtain necessary transit visas. The commonwealth ombudsman
reviews all cases of persons in detention two years or more.
As of September 14, there were 17 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.
During a visit to the country in November, Amnesty International
Secretary General Irene Khan welcomed the changes made to immigration
detention policy but urged the government to close the Christmas Island
detention center and process unauthorized arrivals on the mainland. On
November 21, violence broke out at the center between groups of Afghan
and Sri Lankan asylum seekers, who assaulted each other with tree
branches, pool cues, and broom handles. Approximately 150 detainees
were involved in the incident; 37 persons were reported injured,
including four who were transferred to a hospital in Perth. The
authorities were investigating the incident at year's end. Advocates
for the asylum seekers asserted that overcrowding was a contributing
factor in the unrest. The center originally could accommodate
approximately 800 persons. In response to a surge in unauthorized
arrivals during the year, by December the government had expanded the
center's holding capacity to 1560 persons, including some tent
accommodations. The facility was approaching this capacity at year's
end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage and
mandatory voting.
Elections and Political Participation.--In federal elections held
in 2007, the ALP won a majority of seats in the lower house of
Parliament, and ALP leader Kevin Rudd became prime minister. Political
parties operated without restriction or outside interference.
There are no legal impediments to public office for women or
indigenous people. There were 67 women in the 226-seat federal
Parliament (40 in the House of Representatives and 27 in the Senate).
There were four female ministers in the 20-member federal cabinet,
three women among the 10 ministers outside the cabinet, and three women
among the 12 parliamentary secretaries. There were two women among the
eight premiers and chief ministers of the six states and two
territories. The deputy prime minister and the governor-general were
women, and there were three female judges on the seven-member High
Court.
Indigenous people generally were underrepresented among the
political leadership. There were no indigenous citizens in the federal
Parliament. There was one indigenous citizen in the Tasmania State
parliament, one in the NSW State parliament, two in the WA State
parliament, and five in the Northern Territory (NT) legislative
assembly. The NT deputy chief minister was an indigenous woman. 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 laws effectively. There were
isolated reports of government corruption.
Queensland, WA, and NSW 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. In July a former Queensland government
minister was sentenced to seven years' imprisonment for receiving
secret payments from two businessmen. Also in July, the Queensland
Crime and Misconduct Commission released a report into police
misconduct, much of it relating to improper relationships with criminal
informants. The report implicated 25 officers, recommending that
disciplinary action be considered against 17 and that a further six
receive managerial guidance. Of the latter six, five were given
managerial guidance. Among the remaining 17, five resigned or retired
before charges were heard, six received managerial guidance, and
misconduct was proven against three. Of those three, one officer was
dismissed, one resigned, and one applied for medical retirement. Three
officers (including two of the 17) were charged with perjury; those
cases were pending at year's end.
Federal, state, and territorial governments have freedom of
information (FOI) 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 (AAT), an executive body that reviews
administrative decisions by government entities. An adverse AAT
decision may be appealed to the Federal Court of Australia.
The Australian Press Association and others have criticized the FOI
application process as unduly lengthy and costly, particularly with
regard to requests for non-personal information. On March 24,
Australia's Right to Know Coalition, an organization composed of 12
major media outlets, held a conference in Sydney to voice concerns
about what the group called a lack of transparency on the part of
government officials, and to call for reform of the country's FOI and
secrecy laws to provide for greater public access, including media
access, to government information. The government announced proposed
changes to the laws in response to expressed concerns, but the
proposals were not implemented by year's end.
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 cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations.
In April the UN Human Rights Committee released its Concluding
Observations on Australia. It welcomed the government's National Human
Rights Consultation Process (NHRCP), which was reviewing human rights
protections (see section 6), and the 2008 apology to the ``stolen
generations'' of indigenous people. It also made a number of
recommendations, among them that the country ensure that its
antiterrorism laws and practices were in conformity with the
International Covenant on Civil and Political Rights; consider
abolishing the remaining elements of its mandatory immigration
detention policy (see section 2.d.); implement the recommendations made
in the committee's Immigration Detention Report of 2008; consider
closing down the Christmas Island detention center; enact in
legislation a comprehensive immigration framework in compliance with
the covenant; and increase its efforts for effective consultation with
indigenous people in decision making that impacted their rights. The
government was asked to provide relevant information to the committee
within a year on its implementation of the recommendations. The
government had not yet issued its reply by year's end.
UN special rapporteurs on health and indigenous issues also visited
the country during the year and issued reports (see section 6).
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. The
HREOC investigates complaints of discrimination or breaches of human
rights under the federal laws that implement the country's human rights
treaty obligations. In December 2008 the government launched a National
Human Rights Consultation Process (NHRCP) to seek the public's views on
how to better protect human rights. In this connection the government
noted that ``the options identified should preserve the sovereignty of
the Parliament and not include a constitutionally entrenched bill of
rights.'' On September 30, the NHRCP committee released its report.
Recommendations included an audit of legislation to determine
compliance with international obligations, establishment of a joint
parliamentary committee on human rights, adoption of a human rights
act, and a national human rights education campaign.
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 Australian women
experienced physical violence during their lives, and almost one in
five experienced sexual violence. Aboriginal women were 40 times more
likely to be victims of family violence compared to other women.
Domestic violence was believed to be widely underreported in indigenous
communities; among reasons cited for this were cultural factors and the
isolation of many indigenous communities. The federal and state
governments funded programs to combat domestic violence and support
victims, including funding of numerous women's shelters. Police were
trained in responding to domestic violence.
Prostitution is legal or decriminalized in several states and
territories, and the governments of Victoria, Queensland, NSW, and the
Australian Capital Territory (ACT) license brothels operating within
their borders. However, some brothels operated illegally. In some
locations state-funded sexual health services employees visited
brothels to educate workers about sexual health matters and to prevent
worker mistreatment. Local governments or prostitution licensing
authorities inspected brothels to ensure compliance with planning laws
and licensing requirements, including health and safety regulations.
However, government officials faced difficulties enforcing health and
safety standards in illegal, unlicensed brothels. Some women, primarily
from Asia, were trafficked for prostitution. The Australian Federal
Police (AFP), state police, and DIAC worked together to identify and
close down illegal brothels.
The Sex Discrimination Act 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 complainant.
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 obstetric
and postpartum care, and women and men had equal access to diagnosis
and treatment for sexually transmitted infections, including HIV.
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.
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 also
is a federal Office for Women.
The HREOC received 547 complaints alleging 964 grounds of
discrimination under the Sex Discrimination Act from July 2008 through
June 2009. Of these, 22 percent alleged discrimination based on
pregnancy, and 22 percent alleged sexual harassment. The commission
resolved 542 of the complaints, 246 by conciliation.
Women have equal status under the law, and the law provides for pay
equity. The law requires organizations with 100 or more employees to
establish a workplace program to remove barriers to women entering and
advancing in their organization.
There were highly organized and effective private and public
women's rights organizations at the federal, state, and local levels.
Children.--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.
Through the welfare system, the government provides a financial
``baby bonus'' to assist families with the cost of new children.
State and territorial child protection agencies investigate and
institute prosecutions of persons for child neglect or abuse. All
states and territories have laws or guidelines that require members of
certain designated professions to report suspected child abuse or
neglect. The federal government's role in child abuse prevention is
limited to funding research and education campaigns, developing an
action plan against the commercial exploitation of children, and
funding community-based parenting programs.
According to the Australian Institute of Health and Welfare, there
were 55,120 substantiated cases of child abuse and neglect from July
2007 to June 2008, the latest period for which national statistics were
available. These included physical abuse, sexual abuse, emotional
abuse, and neglect. The Child Sex Tourism Act prohibits child sex
tourism and related offenses for the country's residents and citizens
overseas and provides for a maximum sentence of 17 years' imprisonment
upon conviction. 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 ACT, NSW, NT,
Victoria, and WA, 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 tough criminal laws aimed at restricting
the trade in, and possession of, child pornography; the law allows
suspected pedophiles to be tried in the country regardless of where the
crime was committed. 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 $245,540).
The AFP 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 its predecessor to combat child sexual abuse in
73 NT Aboriginal communities. The measures were taken following a 2007
government report of widespread such abuse. These measures included
emergency bans on alcohol and pornography sales, restrictions on the
payment of welfare benefits in cash, linkage of support payments to
school attendance, and medical examinations for all NT indigenous
children under age 16. 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. The UN special rapporteur on the situation of human
rights and fundamental freedoms of indigenous people, who toured NT
indigenous communities in August, echoed these concerns. An Australian
Institute of Health and Welfare report released in December suggested
the intervention had significantly improved health outcomes for
indigenous children, although the report also noted that continuing
follow-up services would be needed because of the chronic nature of
many of the children's medical problems.
In November the prime minister apologized on behalf of Parliament
to individuals abused as children in orphanages and foster care. Some
had been sent from the United Kingdom to help populate Australia; this
occurred until the early 1970s.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons, but the country continued to be a destination for some
trafficked women in the sex industry and trafficked laborers.
Some women, primarily from the People's Republic of China (PRC),
the Republic of Korea (ROK), and Southeast Asia, entered the country
for the purpose of prostitution, sometimes entering with fraudulently
obtained tourist or student visas. Many of these women traveled to the
country voluntarily to work in both legal and illegal brothels but
under conditions that amounted to debt bondage or sexual servitude.
Some men and women from several Pacific islands, India, the PRC, the
ROK, the Philippines, and Ireland recruited to work temporarily in
Australia subsequently were subjected to conditions of forced labor.
Child protection NGOs raised community awareness of child trafficking.
There were no reports of children trafficked into the country during
the year. Some minor indigenous girls were subjected to forced
prostitution at rural truck stops.
Authorities believed that sex trafficking networks were composed
primarily of individual operators or small crime groups that often
relied on larger organized crime groups to procure fraudulent
documentation for the trafficked women.
The law comprehensively criminalizes ``people trafficking''
offenses, including sexual servitude, slavery, deceptive recruitment,
debt bondage, child trafficking, and domestic trafficking. These
offenses carry penalties of up to 25 years' imprisonment for slavery,
debt bondage, child trafficking, and domestic trafficking; 15 years for
sexual servitude; and seven years for deceptive recruitment. It is an
offense for citizens or residents to travel abroad to engage in sex
with minors under age 16.
In September two men were sentenced to 14 and 10 years'
imprisonment respectively for involvement in a sex slavery scheme that
brought Thai women to Melbourne brothels. The court was told the women
had to service up to 750 clients before their ``debt'' was paid.
The government had a wide range of programs to combat trafficking,
prosecute traffickers, and assist trafficking victims. The AFP and DIAC
have lead roles in combating trafficking in persons. The AFP's
Transnational Sexual Exploitation and Trafficking Teams are responsible
for investigating trafficking syndicates operating in the country and
abroad. State police forces worked closely with the AFP on a
comprehensive policing strategy to counter trafficking in persons.
According to a report published in October by the Australian Institute
of Criminology, between January 2004 and December 2008, the AFP
conducted 210 trafficking investigations, charged 34 persons, and
recorded seven convictions, while 113 persons received assistance from
the government's victim support program.
An ambassador for people-smuggling issues is responsible for
promoting a coherent and effective international approach to combating
trafficking in persons (particularly in the Asia-Pacific region),
assisting in the negotiation of international agreements for the return
and resettlement of persons brought illegally into the country, and
working for the prosecution of traffickers. The ambassador coordinates
the country's participation with Indonesia in the Bali Process on
People Smuggling, Trafficking in Persons, and Related Transnational
Crime. The government has antitrafficking agreements with Cambodia,
Burma, Laos, and Thailand designed to improve international cooperation
and police investigation of trafficking syndicates. The government also
funded awareness campaigns in source countries and continued funding
the Asia Regional Cooperation to Prevent People Trafficking project.
Underway in four countries--Thailand, Laos, Burma, and Cambodia--the
project focused on strengthening the criminal justice process to combat
trafficking in persons.
Within the country the government continued an awareness campaign
targeting the sex industry and the community at large and widely
publicized criminal cases against traffickers. Trafficking victims
willing to cooperate with authorities in the investigation and
prosecution of traffickers qualify for a temporary visa and a range of
social services. In June the government announced changes to improve
victims' ability to access this assistance, including offering such
support regardless of whether a victim was willing to assist police,
reducing the time needed to qualify for a permanent visa, and enabling
family members outside the country to be included in a visa
application. Between July 1, 2008 and June 30, 2009, DIAC granted 77
visas under the ``people trafficking'' visa framework.
In March the government established guidelines to assist NGOs that
were often the first point of contact for trafficking victims.
Counseling, temporary shelter, and other assistance were available to
all trafficking victims.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip/.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment; education; access to
premises; provision of goods, services (including health services), and
facilities; accommodation; purchase of land; activities of clubs and
associations; sport; and the administration of federal laws and
programs. The government effectively enforced the law.
The disability discrimination commissioner, who is part of 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. 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 2008 to June 2009 annual report stated that 980
complaints citing 1,474 alleged grounds of discrimination were filed
under the Disability Discrimination Act during that period. Of these,
40 percent were employment related, and 35 percent involved the
provision of goods and services. The resolved 1,117 complaints, 518 of
them through conciliation.
During the year the government began development of a national
disability strategy.
National/Racial/Ethnic Minorities.--According to the HREOC's July
2008 to June 2009 annual report, it received 396 complaints under the
Racial Discrimination Act (RDA), citing 617 alleged grounds of
discrimination. Of these, 54 percent involved employment, 23 percent
involved provision of goods and services, and 10 percent alleged
``racial hatred.'' Persons born outside the country filed 45 percent of
the complaints, and Aboriginals and Torres Strait Islanders filed 42
percent. Of the 396 complaints, 392 were resolved, 206 through
conciliation.
During 2008 and 2009, there were a number of incidents of possibly
racially motivated assaults against Indian and Chinese students. In
late May and early June, Indian students in Melbourne and Sydney held
rallies protesting violent attacks some claimed were racially
motivated. Subsequently, the government formed a taskforce headed by
the prime minister's national security adviser and discussed the issue
with the Indian government. Victoria police also increased their
presence in neighborhoods where many Indian students resided.
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-3urban areas;
the land was previously government owned. The 1976 Federal Aboriginal
Land Rights (Northern Territory) Act transferred almost 50 per cent of
land in the NT 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 leasehold rights and
native title rights are in conflict, leaseholder rights prevail but do
not extinguish native title rights. As of year's end, the WA government
was attempting to negotiate an out-of-court native title agreement with
the Nyoongar people, a development that the HREOC characterized as
``long-awaited good news.'' In 2008 the Federal Court had overturned on
technical grounds a 2006 federal court judge's decision recognizing
Nyoogar native title to the land in question and referred the case back
for another hearing on the merits.
The A$1.7 billion (approximately $1.5 billion) Indigenous Land
Corporation is a special account that provides a continuing source of
funds for indigenous people to purchase land for their use. It is
separate from the Native Title Tribunal and is not for payment of
compensation to indigenous people for loss of land or to titleholders
for return of land to indigenous people.
As part of the NT intervention to address child sexual abuse in NT
indigenous communities (see section 6, Children), the government took
control of certain indigenous communities through five-year land
leases. However, 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.
(These townships are not Aboriginal land but special-purpose leases
granted to local indigenous associations by the NT government.)
The government expressed a commitment to ``closing the gap'' on
indigenous disadvantage, and in 2008 the prime minister undertook to
report to Parliament on this at the beginning of each year. The
government budgeted A$4.3 billion (approximately $3.8 billion) for
indigenous-specific services in 2008-09 and A$4.8 billion
(approximately $4.3 billion) in 2009-10.
In July 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. The imprisonment rate for
indigenous citizens worsened between 2000 and 2008. Indigenous adults
were 13 times as likely as nonindigenous adults to be imprisoned in
2008, compared with 10 times as likely in 2000. According to the
Australian Institute of Health and Welfare, life expectancy for
indigenous persons was 59 years for males and 65 for females, compared
with 77 and 82 respectively for the nonindigenous.
A UN special rapporteur on health visited the country between
November 24 and December 4 and met with senior officials. He praised
the government's additional investment in indigenous health services
but expressed concern about inadequate access to such services, ``often
due to direct discrimination and culturally inappropriate services
being provided.'' The indigenous health minister noted that the
government had increased the indigenous health budget by 57 percent in
two years.
During the year a former NT minister for indigenous affairs
criticized the NT government's handling of a two-year-old A$672 million
(approximately $600 million) indigenous housing and infrastructure
program, noting that no houses had been built yet. The program was part
of the broader NT intervention program.
In August the UN special rapporteur on indigenous issues reported
on the human rights of indigenous people following an 11-day visit that
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 the
NT intervention was incompatible with the country's international
obligations and urged the government to make it compliant with the RDA.
The minister stated that the government was consulting with indigenous
people and was seeking to make the intervention compliant with the RDA.
On November 22, the government announced the establishment of a new
national representative body for Aboriginals and Torres Strait
Islanders, to be known as the National Congress of Australia's First
Peoples. It was expected to be fully operational by January 2011.
Indigenous NGOs included groups working on native title issues,
reconciliation, deaths in custody, and indigenous rights in general.
International NGOs, such as Amnesty International, also monitored and
reported on indigenous issues and rights. 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. A large
number of these reforms came into effect on July 1.
A number of gay, lesbian, bisexual, and transgender NGOs were
openly active in the country, and gay pride marches took place in major
cities; police provided sufficient protection to participants.
The HREOC received 17 complaints of employment discrimination based
on sexual orientation from July 2008 through June 2009.
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
April indicated that in 2008, union membership was 19 percent of the
total workforce and 13.6 percent of the private-sector workforce--
virtually identical to 2007 percentages. Unions carried out their
functions free from government or political control.
In March Parliament passed the Fair Work Act, the major component
of the government's workplace reforms, which replaced the Workplace
Relations Act as the country's basic labor law. Some provisions of the
Fair Work Act became effective during the year, while others were
scheduled to go into effect 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.
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.
According to the ABS, during the 12-month period ending September
30, 202 industrial disputes began, 33 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 fell from 189,800 to
119,100.
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 (AIRC). The WRA also provided for the negotiation
of Australian Workplace Agreements (AWAs) between employers and
individual workers, which were subject to fewer government regulations
than awards or enterprise bargaining agreements.
Transitional amendments to the WRA in March 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,
and businesses that had staff on AWAs before December 1, 2007 could
continue to sign individual contracts, known as Individual Transitional
Employment Agreements (ITEAs), provided these passed the ``no
disadvantage'' test. To do so, an ITEA must not disadvantage an
employee as compared to an applicable collective agreement or to an
industry-standard award if there is no collective agreement. ITEAs
could only run until December 31, 2009. In addition, the 2008 law
directed the AIRC to create a national safety net of minimum employment
standards and industrial awards, which is scheduled to come into effect
in 2010.
On July 1, new collective bargaining provisions came into effect
under the Fair Work Act that require employers to act in ``good faith''
when a majority of employees want a collective agreement; give unions
greater ability to access worksites; enable low-paid workers to engage
in multi-employer ``good faith bargaining'' ; reduce the list of
``prohibited content'' issues that may not be included in a collective
agreement; and give stronger intervention powers to a new independent
industrial relations umpire, Fair Work Australia, which was scheduled
to assume the functions of the AIRC and other workplace bodies in 2010.
Also on July 1, new provisions took effect providing unfair dismissal
rights--previously removed under 2005 amendments to the WRA known as
WorkChoices--to employees in small businesses.
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.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no federally mandated minimum age of employment, but state-
imposed compulsory educational requirements, enforced by state
educational authorities, effectively prevented most children from
joining the work force full time until they were 15 or 16 years of age.
Federal and state governments monitored and enforced a network of laws,
which varied from state to state, governing the minimum ages for
leaving school, claiming unemployment benefits, and engaging in
specified occupations. The Australian Council of Trade Unions also
monitored adherence to these laws. Workers under age 18 required
parental or guardian consent to sign an ITEA.
e. Acceptable Conditions of Work.--Although a formal minimum wage
exists, most workers received higher wages through enterprise
agreements or individual contracts. There are above-minimum wage
classifications for individual trades and professions. In July the
Australian Fair Pay Commission, which determines minimum wage
increases, maintained the federal minimum award wage at A$543.78
(approximately $485) per week, citing deteriorating economic
conditions. The Fair Work Ombudsman provides employers and employees
advice about their rights and has authority to investigate employers
alleged to have exploited employees unlawfully.
Over the past two decades, there has been a substantial increase in
the percentage of the workforce regarded as temporary workers. The ABS
reported that, as of December, approximately 3.27 million persons (30
percent of the workforce) were employed as ``part-time'' workers, of
whom 70 percent were women. Labor force ``underutilization'' was 13.5
percent as of November. Federal or state occupational health and safety
laws apply to every workplace. The law provides federal employees with
the right to cease work without endangering their future employment if
they believe that particular work activities pose an immediate threat
to individual health or safety. Most states and territories have laws
that grant similar rights to their employees. Employees have recourse
to state health and safety commissions, which investigate complaints
and order remedial action.
Labor law protects citizens, permanent residents, and migrant
workers. 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.
However, there were complaints 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. In
response, during the year 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.
__________
BRUNEI DARUSSALAM
Brunei Darussalam is a sultanate ruled by the same family for more
than 600 years, and it has a population of approximately 391,000.
Sultan Haji Hassanal Bolkiah governed under emergency powers that place
few limits on his power. The Legislative Council, made up of appointed,
indirectly elected, and ex-officio members, with a limited role in
recommending and approving legislation, met during the year. The sultan
maintained control over the security forces.
The following human rights problems were reported: inability of
citizens to change their government; arbitrary detention; limits on
freedom of speech, press, assembly, and association; restrictions on
religious freedom; discrimination against women; restricted labor
rights; and exploitation of foreign workers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits mistreatment of prisoners, and there
were no reports of such mistreatment. Caning is mandatory for 42
criminal offenses, and as of October official statistics reported 184
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.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. There were 372 convicted persons
and 14 persons awaiting trial. Jerudong Prison holds ``serious
offenders,'' and, separately, approximately 40 female prisoners.
Juveniles are not subject to imprisonment. The maximum designed
capacity of the prison system is 400 persons.
In previous years conditions in police station detention cells were
considered Spartan.
In January four policemen were charged for culpable homicide not
amounting to murder and voluntarily causing grievous hurt on Abdul
Rahim Abdullah Tan, who died in police custody. At year's end the trial
of four accused continued.
During the year there were no reports that human rights monitors
requested prison visits; foreign diplomats had consular access to
detained nationals. Family members were permitted to visit prisoners
and bring food.
d. Arbitrary Arrest or Detention.--The law provides for prompt
judicial determination regarding the validity of an arrest, but in
practice these provisions were superseded through invocation of
emergency powers.
Role of the Police and Security Apparatus.--The police force and
Internal Security Department (ISD) are under the direct control of the
Prime Minister's Office. The police and the ISD were considered free of
major corrupt practices, although there were reports of petty
corruption. There were no reports of prosecution or conviction of
police or military personnel for corruption.
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 instances of persons considered a
threat to the public who were detained for years without trial.
The Internal Security Act (ISA) permits the government to detain
suspects without trial for renewable two-year periods. According to
reports, detainees were promptly informed of the charges against them.
Information on detainees was made public only after their release.
The government regularly convened an independent advisory board
consisting of executive and judicial branch officials to review
individual ISA detentions and recommend whether they should be renewed
for an additional two years.
In January foreign national Aji Ajak was released from detention
under the ISA. Aji Ajak was detained for his involvement in
counterfeiting activities.
The criminal procedure code allows for bail except in cases
indicated as ``discretionary'' by law. Detainees generally had prompt
access to lawyers and family visitations; however, police may deny
access in exceptional cases, such as probable cause to suspect witness
tampering. There is no legal provision to provide affordable legal
counsel for poor defendants, except in capital cases. In noncapital
cases indigent defendants may act as their own lawyers in court.
e. Denial of Fair Public Trial.--The law does not provide
specifically for an independent judiciary, but the courts appeared to
act independently, and there were no known instances of government
interference with the judiciary. All higher-court judges are appointed
by and serve at the pleasure of the sultan.
The judiciary consists of the Supreme Court, intermediate courts,
and subordinate courts, with a final appeal for civil cases available
through the Privy Council in the United Kingdom. A Shari'a (Islamic
law) court with three levels supersedes the secular courts for Muslims
in cases of divorce, inheritance, and some sexual crimes. Shari'a is
not applied to non-Muslims.
A court run by the military legal unit provides military personnel
with the same rights as in civilian criminal court.
Trial Procedures.--Secular law, based on English common law,
provides all citizens with a fair and efficient judicial process.
Procedural safeguards include the right to defense counsel, an
interpreter, and a speedy trial, as well as the right to confront
accusers and to avoid self-incrimination. Lawyers have access to the
accused once charges are filed through the trial process, but not
during initial questioning. Defendants in criminal proceedings are
presumed innocent. Most criminal cases are conducted in public trials
by a judge or panel of judges. ISA detainees were denied the right to
legal counsel and were not presumed to be innocent.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees. The government confirmed that as of
November there were no detainees being held under the ISA.
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 a civil wrong 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. Shari'a permits enforcement
of khalwat, an Islamic prohibition on the close proximity of a Muslim
and a member of the opposite sex other than a spouse or close male
relative. During the year 262 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,'' and they may be disqualified for service on the basis of
various offenses, including disloyalty to the sultan.
Under the Sedition Act, it is an offense to challenge in any way
the authority of the sultan or members of the royal family. The act
also makes it an offense to challenge ``the standing or prominence of
the national philosophy, the Malay Muslim Monarchy concept.'' This
ideology permeates the country's life and government administration,
promoting Islam as the state religion 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 B$5,000
(approximately $3,500) and jail terms of up to three years.
The law requires local newspapers to obtain operating licenses and
prior government approval of foreign editorial staff, journalists, and
printers. The law also gives the government the right to bar
distribution of foreign publications and requires distributors of
foreign publications to obtain a government permit. The law allows the
government to close a newspaper without giving prior notice or showing
cause. Journalists deemed to have published or written ``false and
malicious'' reports may be subjected to fines or prison sentences.
The country's daily newspapers, the Borneo Bulletin and the Brunei
Times, practiced self-censorship. However, letters to the editor often
included comments critical of government handling of certain social,
economic, and environmental issues. On occasion the government
responded to public opinion on topics concerning social or
environmental problems and the delay of public services.
Foreign newspapers were routinely available, although the
government must approve their distribution. Internet versions of
foreign media were routinely available.
The government owned the only television station. Three Malaysian
television stations were also available, along with two satellite
television services. Some content was subject to censorship based on
theme, but such censorship was not consistent.
Internet Freedom.--According to International Telecommunication
Union statistics for 2008, approximately 55 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 Ministries of Home
Affairs, Religious Affairs, and the Prime Minister's Office determines
the suitability of concerts, movies, cultural shows, and other public
performances. Religious authorities also review publications to ensure
compliance with social norms.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Under the emergency powers, the government significantly
restricted the right to assemble. According to the Societies Order,
public gatherings of 10 or more persons require a government permit,
and police have the authority to stop an unofficial assembly of five or
more persons deemed likely to cause a disturbance of the peace.
Freedom of Association.--The law requires formal groups, including
religious, social, or cultural, to register with the Registrar of
Societies (ROS) 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.
In November 2008 the ROS deregistered the Football Association of
Brunei for failing to submit annual general meeting reports for the
previous two years.
A Brunei political party maintained that government restrictions
limited the party's growth.
c. Freedom of Religion.--The law states that ``the religion of
Brunei Darussalam shall be the Muslim religion according to the Shafi'i
sect of that religion: Provided that all other religions may be
practiced in peace and harmony by the person professing them in any
part of Brunei Darussalam.'' However, in practice the government
restricted non-Islamic religions and non-Shafi'i Islamic groups,
reinforcing the legitimacy of the observance of traditional and Islamic
values through its national Malay Muslim Monarchy ideology. All mosques
are government controlled, and the Ministry of Religious Affairs
prepared the weekly Friday sermons delivered in mosques countrywide.
The government used its internal security apparatus against persons
it considered to be purveyors of radical Islam, non-Muslims who
attempted to proselytize, and religious groups that did not belong to
the official religion.
Registration is required by law for a group to worship communally.
An organization that fails to register can face charges of unlawful
assembly. All non-Shafi'i religious groups are required to register as
associations. There continued to be credible reports that certain
Christian groups were denied permission to register or chose not to
register out of the expectation that their applications would be
rejected.
The government routinely restricted the practice of non-Muslim
religions by prohibiting proselytizing and, in the past, occasionally
denying entry to foreign clergy, banning the importation of religious
teaching materials or scriptures such as the Bible, and denying
requests to expand or build new churches, temples, and shrines.
Muslims who wished to change or renounce their religion faced
considerable difficulties. Born Muslims faced both official and
societal pressure not to leave Islam; permission from the Ministry of
Religious Affairs must be obtained to do so. During the year the
ministry recorded four applications from Muslims wishing to renounce
the religion. Applicants were required to undergo counseling prior to
the finalization of an endorsement. In 2008 the ministry sanctioned one
renunciation of Islam. There were instances of persons who converted to
Islam (often foreign nationals) as a prelude to marrying Muslims;
conversion is required by the country's Islamic law. As of July 2008,
653 persons had converted to Islam. After marriage those who wished to
return to their former religion faced intense official pressure not to
do so or encountered extraordinary delays in obtaining permission.
Authorities continued to arrest Muslims for offenses under Shari'a,
such as khalwat and consumption of alcohol.
The Ministry of Education requires courses on Islam and the
national ideology, and prohibits the teaching of other religions and
comparative religious studies. Private Christian schools were not
allowed to give Christian instruction to Christian or Muslim students
but could offer voluntary, Islamic instruction to Muslim students.
During the year the government warned Christian schools that they or
their personnel could be fined or imprisoned for teaching non-Muslim
religious subjects. However, the government did not prohibit or
restrict parents from giving religious instruction to children at home.
The government routinely censored magazine articles on other faiths
by blacking out or removing photographs of crucifixes and other
religious symbols. Government officials also confiscated religious
materials and prevented public display, distribution, and sale of items
featuring non-Islamic religious symbols. However, some Christian
churches displayed crosses on their buildings.
The government requires residents to carry an identity card that
states the bearer's ethnicity, which is used in part to determine
whether they are subject to Shari'a law. Visitors to the country were
asked to identify their religion on their visa applications. Ethnic
Malays are assumed to be Muslim and therefore subject to Shari'a law.
Non-Muslims are not held accountable to Shari'a precepts. Religious
authorities checked identity cards for ethnicity when conducting raids.
Only Islamic groups belonging to the Shafi'i school were permitted
to organize public religious processions; however, the government
allowed public lion dances to celebrate the Lunar New Year.
Societal Abuses and Discrimination.--The country's various
religious groups coexisted peacefully. There were no known Jewish
communities in the country, and there were no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. Government employees, both citizens and foreigners working on
a contractual basis, must apply for approval to go abroad. In September
the government introduced guidelines stating that no government
officials may travel alone and nonrelated male and female officers may
not travel together. The government restricts the movement of former
political prisoners during the year following their release. The
country is not a party to the Convention relating to the Status of
Refugees and its 1967 Protocol and does not cooperate with office of
the UN High Commissioner for Refugees.
By law the sultan may forcibly exile, permanently or temporarily,
any person deemed a threat to the safety, peace, or welfare of the
country. However, there have been no cases of banishment since 1984.
Protection of Refugees.--The laws do not provide for the granting
of asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol, and the
government has not established a system for providing protection to
refugees. In practice the government did not provide protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
Stateless Persons.--The law, which was administered on a case-by-
case basis, allows citizenship to permanent residents who have
contributed to the country's economic growth, to women married to
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. This
coupled with illiteracy 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.
These individuals did not enjoy full privileges of citizenship, they
did not have the right to own land, and were not entitled to subsidized
health care or higher education. In July 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.
Primary education is free for citizens and permanent residents.
Secondary education (above grade 10 equivalent) fees of B$140
(approximately $100) per month are required for noncitizens. University
fees for noncitizens are B$2,800 to B$3,500 (approximately $2,000 to
$2,500).
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens did not have the right to change their government
peacefully.
The same family has ruled the country for more than 600 years. In
1962 the then sultan invoked an article of the constitution that
allowed him to assume emergency powers for two years. These powers have
been renewed every two years since 1962. The state of emergency places
few limits on the sultan's power. The sultan also serves as prime
minister, minister of defense, minister of finance, chancellor of the
national university, inspector general of the Royal Brunei Police
Force, and head of the Islamic faith.
Elections and Political Participation.--Political authority and
control rested entirely with the sultan. A 29-person legislative
council (LegCo), which has no independent power and was made up
primarily of appointed members, provided a forum for public discussion
of proposed government programs as well as administrative deficiencies.
It convenes once a year.
Persons 18 years of age and above may vote by secret ballot in
village consultative council elections, which are based on a
traditional system of village chiefs. Candidates must be Muslim, be
approved by the government, and be citizens or permanent residents for
more than 15 years. The councils communicated constituent wishes
through a variety of channels, including periodic meetings chaired by
the minister of home affairs. The government also met with mukim
(collections of villages) representatives to allow for airing of local
grievances and concerns.
The Brunei National Development Party (NDP) remained the country's
only registered political party. The NDP, as had other parties when
they were registered, pledged to support the sultan and the government.
Although the parties criticized administrative deficiencies, their few
activities received limited publicity and they were hindered by
membership restrictions.
In October the NDP cohosted a public seminar on party development
and the importance of civil society that included a foreign guest
speaker. Reportedly, the authorities confiscated documents on the
speaker and the event. Customs officials attempted to confiscate the
speaker's books on politics upon his arrival in the country.
Individuals sought to express their views or influence government
decisions and policies by posting messages to Internet discussion
boards, writing letters to local newspapers, and petitioning the sultan
or handing him letters when he appeared in public.
There were no female ministers in the government or female members
of the LegCo. Two 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, the first female
attorney general. There were two female permanent secretaries, one in
the Prime Minister's Office and one in the Ministry of Foreign Affairs
and Trade. One cabinet-level post and two LegCo positions were held by
ethnic Chinese.
Section 4. Official Corruption and Government Transparency
There were reliable reports of corruption in the government. In
accordance with its zero tolerance policy for corrupt practices, the
government successfully prosecuted a number of low-level officials. At
year's end the case of a former government minister accused of
corruption in awarding government projects was pending a final ruling
from the chief justice. In September the former minister's alleged
partner in crime was declared absconded and an arrest warrant was
issued. In December six of 24 custom officers suspended from duty for
their alleged role in smuggling heavily subsidized fuel to a
neighboring country, were charged under the Prevention of Corruption
Act, which carries a penalty of seven years' imprisonment and B$30,000
fine ($21,000). 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.
During the year the LegCo approved, and the government published, a
summary of the fiscal year government budget. However, the government
continued to restrict and classify as confidential some information on
the financial dealings of the government and the royal family. The law
provides that no court can compel any person to give evidence relating
to unpublished government records unless the relevant ministry's
permanent secretary gives consent.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Few if any civil society organizations dealt directly with human
rights. A nongovernmental organization (NGO) seeking to operate in the
country is required to apply for permission under the Companies Act and
provide a list of members. The government may suspend the activities of
a registered NGO if it deems such an act in the public interest. In 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. During the year 27 rape cases were reported; at year's end
police were investigating 23 and had forwarded four 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 will 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 124
cases of spousal abuse reported; at year's end 122 cases were under
investigation and two 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 (DCD) 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 both male and female officials offered
counseling to married couples in domestic violence cases. Officials did
not encourage wives to reconcile with flagrantly abusive spouses, and
Islamic courts recognized assault as grounds for divorce.
Prostitution is illegal. Women who entered the country for purposes
of prostitution generally were tried, sentenced, and deported swiftly.
There were isolated instances of women forced into prostitution, and
there were also reports that women arrested for prostitution attested
to having been victims of trafficking. However, the government did not
identify any trafficking victims during the year.
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.
Citizens enjoy free medical and health care, including skilled
attendance during childbirth and essential obstetric and postpartum
care. Women had equal access to diagnostic and treatment facilities for
sexually transmitted infections.
In accordance with the government's interpretation of Koranic
precepts, Muslim women have rights similar to those of Muslim men in
areas such as divorce and child custody. The law requires that males
receive twice the inheritance of women. The law permits female citizens
to pass their nationality on to their children and to own property and
other assets, including business properties.
Men were eligible for permanent positions in government service
whether or not they had university degrees. In previous years married
women without university degrees were eligible to hold government
positions only on a month-to-month basis. However, since December 2008
such women were eligible for permanent positions, although they could
not apply for travel allowances for their husbands and children. With
this exception, they received the same allowance privileges as their
college-educated counterparts. According to government statistics,
women made up 57 percent of the civil service force and held 28 percent
of senior management posts.
Women's issues were addressed by the Women's Council of Brunei, an
NGO consisting of 14 women's associations; its objective is to improve
the status of women in all areas.
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 Brunei; should they fail
to register their child, it would be difficult to enroll the child in
school.
No statistics were available regarding the welfare of children. The
strong commitment to family values within society, the high standard of
living, and government funding for children's welfare provided most
children a healthy and nurturing environment.
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.
Trafficking in Persons.--The country is a destination for men and
women trafficked for the purpose of forced labor and commercial sexual
exploitation. The Trafficking and Smuggling Persons Order of 2004
prohibits sex and labor trafficking, and violations are punishable by
up to 30 years' imprisonment, but there have never been any
prosecutions under the order. It was believed that trafficking of
foreign workers recruited from Indonesia, the Philippines, Pakistan,
India, and Bangladesh took place. Such workers occasionally faced
harsh, exploitative conditions in which their freedom of movement was
restricted. Many of the 25,000 female domestic workers in the country
were required to work exceptionally long hours without being granted a
day for rest, creating an environment consistent with involuntary
servitude. There were reports that women arrested for prostitution
subsequently claimed to have been victims of trafficking. There were
also reports that the country was used as a transit stop for
traffickers transporting women to third countries. However, the
government did not identify any victims of trafficking during the year.
Immigration and other law enforcement officials were trained to
investigate and prosecute suspected offenders and to deal with
trafficking victims. During the year there were no trafficking cases
investigated or prosecuted by the authorities, and there were no
reports of government officials involved in trafficking.
The government made limited efforts to protect foreign trafficking
victims. There was no formal system of protection or benefits for
foreign trafficking victims. While immigration authorities were active
in identifying violators of immigration law after they had entered the
country, there were no cases reported of immigration authorities
identifying potential trafficking victims among such immigration
violators. There were no specific NGOs to assist trafficking victims as
such, and victims were subject to prosecution for violations of
immigration and labor codes. In cases where the government considers a
victim to be a material witness in the prosecution of traffickers,
police can provide temporary protection and shelter as necessary.
Several foreign embassies also provided shelter for persons who may
have been victims of trafficking.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law does not mandate accessibility
or other assistance for persons with disabilities. The government
provided educational services for children with disabilities, but
countrywide the level of services available was uneven. The DCD
conducted several programs targeted at promoting awareness of the needs
of people with disabilities.
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; however, in practice trade union activity was
minimal. The government discouraged union formation, and employers in
the industrial sector did not encourage foreign workers to form unions.
The three registered trade unions were in the oil sector and had a
total membership of less than 5 percent of the industry's total work
force. Official statistics reported 87,867 foreign workers, including
4,636 garment industry workers. None were members of any trade union.
While the law permits the formation of trade union federations, it
forbids affiliation with international labor organizations unless there
is consent from the home affairs minister and Department of Labor
(DOL).
The law makes no explicit provision allowing the right to strike.
There were no strikes reported during the year.
b. The Right to Organize and Bargain Collectively.--The law
prohibits employers from discriminating against workers in connection
with union activities but provides no legal framework for collective
bargaining. There was very little union activity in the country, and
employer discrimination against union members was not reported.
There is a free trade zone in Muara Port, known as the Muara Export
Zone (MEZ). Labor laws are fully applicable in the MEZ.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were credible reports of
some nationals from Asian countries experiencing nonpayment of wages
and many of the 25,000 female domestic workers were required to work
exceptionally long hours without being granted a day for rest, creating
an environment consistent with involuntary servitude.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Various laws prohibit the employment of children under age 16. Parental
consent and approval by the Labor Commission is required for those
under 18. Female workers under 18 may not work at night or on offshore
oil platforms. The DOL, which is part of the Ministry of Home Affairs,
effectively enforced laws related to the employment of children. There
were no reports of violations of child labor laws.
e. Acceptable Conditions of Work.--Most employed citizens commanded
good salaries. There is no minimum wage. The standard workweek is
Monday through Thursday and Saturday, with Friday and Sunday off,
allowing for two rest periods of 24 hours each week. Overtime is
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 the case in practice.
Occupational health and safety standards were established by
government regulations. The DOL inspected working conditions on a
routine basis and in response to complaints. The DOL generally enforced
labor regulations effectively, but enforcement in the unskilled labor
sector was lax, especially for foreign laborers at construction sites,
where pay arrearage and inadequate safety and living conditions were
reported. The DOL may close a workplace where health, safety, or
working conditions are unsatisfactory. The law permits a worker to
leave a hazardous job site without jeopardizing his employment, but
generally, this did not occur.
According to government data, 87,867 foreigners worked in the
country. Foreign workers are excluded from most labor law protections,
including freedom of association. In the past the rights of the
estimated 25,000 female domestic workers frequently were abused and
they had little access to legal remedies. During the year the minister
responsible for labor was given additional authority to protect their
rights, and the government was usually quick to investigate and impose
fines and punishment. Employers found guilty of abuses typically were
fined or sentenced to prison and ordered to compensate the victim.
Government protective measures for foreign workers included arrival
briefings for workers, inspections of facilities, and a telephone
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 in
the local economy. There were also credible reports of nationals from
South Asian countries working for little or no pay for up to two years
to pay back foreign agents for securing jobs for them.
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 Attorney General Chambers. Two cases involved
complaints made by workers in the formal sector and at year's end both
were under investigation.
The government also prosecuted employers who employed illegal
immigrants or did not process workers' documents, rendering them in
illegal status.
Immigration law allows for prison sentences and caning for workers
who overstay their work permits and illegal immigrants seeking work, as
well as for foreign workers employed by companies other than their
initial sponsor. While the majority of prosecutions were for long-term
overstayers, many workers stayed in an illegal status due to their
former employers' negligence.
__________
BURMA
Burma, with an estimated population of 54 million, is ruled by a
highly authoritarian military regime dominated by the majority ethnic
Burman group. The State Peace and Development Council (SPDC), led by
Senior General Than Shwe, was the country's de facto government.
Military officers wielded the ultimate authority at each level of
government. In 1990 prodemocracy parties won more than 80 percent of
the seats in a general parliamentary election, but the regime continued
to ignore the results. In May 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 constitution specifies that the SPDC will continue to rule
until a new parliament is convened, scheduled to take place following
national elections in 2010. The military government controlled the
security forces without civilian oversight.
The regime continued to abridge the right of citizens to change
their government and committed other severe human rights abuses.
Government security forces allowed custodial deaths to occur and
committed extrajudicial killings, disappearances, rape, and torture.
The government detained civic activists indefinitely and without
charges. In addition regime-sponsored mass-member organizations engaged
in harassment, abuse, and detention of human rights and prodemocracy
activists. The government abused prisoners and detainees, held persons
in harsh and life-threatening conditions, routinely used incommunicado
detention, and imprisoned citizens arbitrarily for political motives.
The army continued its attacks on ethnic minority villagers. The
government sentenced Aung San Suu Kyi--general secretary of the
country's independence movement, the National League for Democracy
(NLD)--to 18 additional months of house arrest for violating the terms
of her confinement. 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 allegedly committed
human rights abuses, including forced labor and recruitment of child
soldiers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports the government or its agents committed arbitrary or unlawful
killings. The government rarely punished officials responsible for the
deaths. During the year there were reports of killings in connection
with conflict in Shan and Karen states (see section 1.g.).
In May in Rakhine State, government troops reportedly killed two
Rohingya attempting to cross the Naff River into Bangladesh.
In May in Magwe Division, military agents killed army sergeant
Myint Soe during interrogation regarding the theft of firearms and
ammunition from a military armory.
In November in Bago Division, Win Maung reportedly died one day
after police interrogated him regarding a theft case. A police agent
declared officials would investigate the incident.
In 2008 security forces killed several persons in their custody;
however, at year's end no officials had been held accountable. For
example, there were no developments in the killings by soldiers and
riot police of at least 40 inmates at Insein Prison in May 2008. The
government did not investigate or punish those responsible for other
custodial deaths in 2008, including the following persons, all of whom
died during interrogation: Zawmir Uddin in Rakhine State in February, a
medical worker in Khawzar police station in Mon State in May, and a man
at Magwe police station in June.
The government took no action to investigate or punish those
responsible for extrajudicial killings of at least 30 persons during
the regime's violent suppression of peaceful prodemocracy
demonstrations in 2007, including Buddhist monk U Thilavantha and
Japanese photojournalist Kenji Nagai. Additionally, the government did
not investigate or punish those responsible for custodial deaths in
2007, including the following cases: Maung Chan Kun, Lin Lin Naing, Ko
Naing Oo, NLD member Win Shwe, and Ko Ko Win.
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 in the incident, 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.).
Ko Naing Ngan Lin, an NLD youth member, disappeared in the last
week of June after leaving an Internet cafe in Rangoon. His whereabouts
were unknown for four months, until he reappeared at the beginning of
November. Family members said he had been held at the Aung Tha Pyay
police guest house.
During October 26-27, authorities arrested seven members of Lin Let
Kye (Shining Star), a group formed in May 2008 to assist in the Cyclone
Nargis relief effort. At year's end the whereabouts of the seven and
the reason for their arrest were unknown.
According to an NGO, more than 10 other persons, including
entertainers, writers, and press workers, were arrested in October.
There was no information on their whereabouts or the reason for their
arrest.
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.--There are laws that 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.).
Between April 10-19, during the annual Thingyan water festival and
Burmese New Year, thugs assaulted five NLD members, reportedly on order
from the regime, in four separate incidents. At year's end police had
not investigated the attacks.
Former political prisoners released in September claimed the
government subjected them to eight different types of torture--ranging
from forced squatting for prolonged periods of time to electric
shocks--during interrogation to extract confessions or 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.
Monks in particular allegedly were subjected to cruel treatment.
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.
For example, in Chin State throughout the year there were reports the
government army forced villagers to fence an army camp with bamboo
sticks and transport army rations and supplies. The government took no
action against those responsible.
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), 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 the Asian and Pacific Conference of
Correctional Administrators, in 2008 there were approximately 65,000
male and 9,100 female prisoners. Pretrial detainees were held together
with convicted prisoners. Former prisoners complained of being held in
aging physical structures, which 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 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
during the year, approximately three prisoners per month in one
particular prison died due to the prison conditions.
On April 7, there were reports the health of political prisoner Su
Su Nwe, who suffered from a congenital heart problem, was
deteriorating. The regime allowed her to be treated by a general
practitioner but not a specialist. In July she reportedly was placed in
solitary confinement for three days after singing an anthem composed by
Min Ko Naing to mark Martyr's Day. Authorities moved her to the remote
Hkamti Prison, reportedly as further punishment for her act.
On April 16, the comedian/activist Zarganar, arrested and sentenced
in 2008 to 59 years for speaking to foreign media about the situation
of the persons left homeless after Cyclone Nargis, reportedly lost
consciousness for approximately three hours, but prison officials did
not permit him to see a doctor until two days later. He also reportedly
suffered from acute symptoms of jaundice and hypertension for more than
a week before receiving medical care.
In May the group Burma Democratic Concern expressed serious
apprehension about the health of Myo Yan Naung, to whom prison
authorities allegedly denied treatment. Myo Yan Naung became paralyzed
in 2007 when authorities severely tortured him during interrogation.
In January the parents of Kay Thi Aung reported that in December
2008 she suffered a second-trimester miscarriage in O Bo Prison.
Arrested in September 2008, she was serving a 26-year sentence for
allegedly crossing the border and maintaining contact with illegal
organizations.
On December 23, political prisoner Tin Tin Htway, the former NLD
member who was arrested in 2007 for her involvement in the monk-led
protests, died of a brain aneurysm. She suffered from heart disease and
hypertension and was denied adequate medical treatment for her
condition after her arrest, although she was transferred to a hospital
outside the prison compound before her death.
The government did not permit media and 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 minors, foreigners, and sick and elderly
prisoners. The ICRC's mandate was limited to supporting family visits
to detainees and providing physical rehabilitation for landmine victims
and other persons with disabilities.
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 Myanmar Police
Force falls administratively under the Ministry of Home Affairs.
Military Security Affairs (MSA) officers and Special Branch (SB) police
officers are responsible for detaining persons suspected of ``political
crimes'' perceived to threaten the government.
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.
Police corruption and impunity were serious problems. Police
typically required victims to pay substantial sums for crime
investigations and routinely extorted money from the civilian
population. There are no effective legal mechanisms available to
investigate security force abuses. The government took no significant
measures to reform the security forces.
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 producing 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 it was 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 police arrested Nyi Nyi Aung of Sagaing Division and
four others and detained them until April; they were accused of having
attempted to establish an antigovernment organization. Police allegedly
presented no legitimate evidence to support the charge.
On February 27, police in Bago Division reportedly arrested three
women and three girls and accused them of running an illegal lottery
ring. One of the girls was judged to be under 15 years old and
transferred to the juvenile justice system; the other two, also under
15, and the three women were held without bail or access to legal
counsel. They were later tried and sentenced to 12 months' imprisonment
with hard labor.
On September 24, a Magwe court sentenced U Aye Myint to two years'
imprisonment for threatening to injure a public servant. In August U
Aye Myint, a lawyer active in land rights cases for farmers, confronted
a forest manager for having filed a criminal complaint against two
villagers who cut down trees on land confiscated from them. The judge
claimed it was up to the defense to prove no threat was made, rather
than for the prosecution to prove the case.
During the year the regime detained 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 at year's end.
House arrest was a common form of detention, usually reserved for
high-profile political prisoners.
Amnesty.--In February the government released 6,313 prisoners,
including 19 political prisoners. On September 18, the government
released 7,114 prisoners, including an estimated 127 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 judiciary system includes courts
at the township, district, state, and national levels. While separate
military courts for civilians do not exist, the regime frequently
directs 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 outcome of
the August trial of Aung San Suu Kyi on grounds that she violated the
terms of her house arrest was predetermined by the government. On
August 11, the Rangoon District Court convicted Aung San Suu Kyi and
sentenced her to three years in prison. On August 10, a day before the
court rendered the verdict, Senior General Than Shwe issued an
executive order commuting the sentence to 18 months' house arrest.
The government continued to rule by decree and was not bound by any
constitutional provisions providing for fair public trials or any other
rights. Although remnants of the British-era legal system remain
formally in place, the court system and its operation were seriously
flawed, particularly in the handling of political cases. The misuse of
blanket laws--including the Emergency Provisions Act, Unlawful
Associations Act, Habitual Offenders Act, Electronic Transactions Law,
Video Act, and Law on Safeguarding the State from the Danger of
Subversive Elements--as well as the manipulation of the courts for
political ends continued to deprive citizens of the right to a fair
trial and to stifle peaceful dissent. Executive Order 5/96, which
provides for the arrest of any person deemed a threat to the National
Convention and the ``roadmap to democracy,'' effectively suppressed
open debate among citizens. Pervasive corruption further served to
undermine the impartiality of the justice system.
Trial Procedures.--The 2000 Judiciary 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,
this 15-day delay did not always apply in political cases. 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 their clients immediately upon entering the courtroom,
without arguments. 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 without fear the lawyers might be
imprisoned; 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. One father said
police took his son for questioning and did not allow him to return
home. After three weeks the father was granted limited access to see
his son and was allowed to attend his son's trial until the judge
revoked the defense lawyer's powers, effectively ending the trial. In
another case the mother of a law student complained her son was given a
13-year sentence but was not allowed to have a defense lawyer.
The penal code allows the government to render excessive sentences
against political activists. For example, article 505 of the penal code
allows authorities to impose two-year prison terms on anyone who
publishes material likely to cause alarm. Another provides an
unspecified prison term for spreading rumors. In addition, the regime
often prosecuted political prisoners under the Emergency Provision Act,
Law to Safeguard the State Against the Dangers of Those Desiring to
Cause Subversive Acts, Television and Video Act, Unlawful Association
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 has with
detained opposition leader Aung San Suu Kyi.
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
at year's end there were more than 2,000 ``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.
According to media reports, on January 15, authorities detained Pho
Phyu, who had reported labor rights violations to the International
Labor Organization (ILO) on behalf of a group of farmers. In April or
May, Pho Phyu was sentenced to four years in prison for allegedly
taking part in an illegal organization of lawyers. Zaw Htay, the
facilitator in the farmers' case, reportedly took photographs of the
land involved in the dispute and sent a video to the Democratic Voice
of Burma, a nonprofit media organization outside the country, which
showed it on foreign television. Zaw Htay was convicted of violating
the Official Secrets Act and sentenced to 10 years in prison. On
January 16, another human rights lawyer was arrested for confronting an
immigration official over the issuance of a registration form to a
local monk.
On April 22, authorities arrested Twantay Township NLD Vice
President Chit Phay and NLD member Maung Soe Wai after they led a
Buddhist prayer meeting at a local pagoda to call for the release of
Aung San Suu Kyi and all other political prisoners. They were each
sentenced to an 18-month prison term for defaming religion.
On May 13, authorities transferred Aung San Suu Kyi and two of her
aides from her house to a guest house on the Insein Prison compound,
where they were charged with violating the terms of her house arrest
after an uninvited foreigner entered her home. On August 11, the
government convicted her of the charges and returned her to house
arrest for an additional 18 months. On October 2, the Rangoon
Divisional Court rejected the appeal of her conviction. At year's end
the Supreme Court had agreed to hear Aung San Suu Kyi's appeal but had
not scheduled oral arguments.
In August authorities detained at least 50 persons who had gathered
near Insein Prison after the announcement of the verdict of Aung San
Suu Kyi's trial, allegedly to preserve the peace. Riot police, security
forces, and Swan Arr Shin militia detained the persons, mostly NLD
members, but later released them with a warning not to return to the
streets.
On October 3, SB police arrested four female activists--NLD member
Naw Ohn Hla, Myint Myint San, Ma Cho, and Cho Cho Lwin--after they
returned from offering alms to monks at Magwe monastery in a suburb of
Rangoon. Naw Ohn Hla was the organizer 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 the four were in custody while
their trial continued.
On October 13, the media reported the government sentenced four
political activists--Ashin Sandimar, Kyaw Zin Min, Wunna Nwe, and Zin
Min Shein--for violating the explosives and unlawful association law.
Another seven--Saw Maung, Aung Moe Lwin, Moe Htet Nay, Tun Lin Aung,
Zaw Latt, Naing Win, and Tun Lin Oo--received five years for violating
the unlawful association law.
On October 26, Ko Tin Htut from North Okkalapa Township in Rangoon
Division was sentenced to 15 years' imprisonment for carrying a poster
calling for the release of all political prisoners.
During the year authorities handed down sentences for previously
arrested political detainees. On January 3, the regime sentenced Bo Min
Yu Ko, a member of the Mandalay branch of the All Burma Federation of
Student Unions who was arrested in September 2008, to 104 years in
prison. In February Kyaw Ko Ko, leader of the same student union
federation who was arrested in March 2008, received three years'
imprisonment.
On February 13, NLD parliamentary members-elect Tin Min Htut and
Nyi Pu, arrested in August 2008, were sentenced to 15 years'
imprisonment. Both were cosignatories of a letter addressed to the UN
Secretary-General expressing concern over the 2008 constitution.
Ye Min Oo, Ye Myat Hein, Kyi Phyu, and Si Thu Maung, convicted in
November 2008 of sedition after participating in the 2007 prodemocracy
protests and sentenced to terms ranging from five to six and one-half
years, remained in prison. Aung Kyaw Oo, also a participant in the 2007
protests, remained in prison serving a term of four and a half years.
Human rights observers believed Si Thu Maung remained in detention at
year's end.
Members of the group Generation 88 Students, Min Ko Naing, Ko Ko
Gyi, Kyaw Min Yu, Mya Aye, Aung Thu, Min Zeya, and Myo Aung Naing,
sentenced in November 2008 to 65 years' imprisonment, remained in
prison. Fellow member Tin Htoo Aung, sentenced to 33 years'
imprisonment, also remained in prison, as did Nilar Thein, sentenced to
65 years. Generation 88 Students members Zeya, Kyaw Kyaw Htwe (Markee),
Panneik Tun, and Zaw Zaw Min, sentenced in November 2008 to 65 years,
remained in prison. Phone Cho, Arnt Bwe Kyaw, Htay Kywe, Thet Zaw,
Sandar Min, and Nyan Lin, arrested and convicted in 2007, also
continued to serve 65-year sentences. Zaw Htet Ko Ko remained in
custody at year's end, serving a 12-year term in Taunggyi Prison in
Shan State.
Zaw Thet Htwe, sentenced in June 2008 to 19 years under the
Electronics Act, continued to serve his prison term, reduced to 15
years on appeal. Monk U Gambira, sentenced in November 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 November 2008.
Numerous prodemocracy and human rights activists arrested in 2007
were formally sentenced to prison terms during the year.
NLD members Ko Kyi Phyu, Aung Min Naing, Ko Wunna Aung, and Ko Tin
Mying, sentenced in 2007 to terms ranging from two and a half to six
and a half years, remained in prison. Human rights observers believed
several other NLD members arrested in 2007 remained in detention
without conviction at year's end, including Ko Ye Min Zaw, Ko Soe
Khine, Shwe Maung, Ko Myo Khin, Ko Tun Myint, Ko Tin Oo Maung, Thin Gan
Gyun, Ko Phyo Min Kyin, Ko Tin Zaw Oo, Ko Law Lwin, Ko Taw Taw Aung,
and Ko Ye.
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. Human rights observers believed several of Htin
Kyaw's supporters remained in detention at year's end, including Zaw
Nyunt, Ko Han, and Han Ti.
Human rights observers believed prodemocracy activist Myat San, who
was arrested in 2007, remained in detention at year's end. They also
believed the leader of the Maggin Monastery, Sayada Aindakaat, remained
in detention, as well as other monks arrested in 2007, including Sanda
Wara.
The government extended the house arrest of NLD Vice-Chairman U Tin
Oo for another year in February. U Tin Oo has been detained since May
2003 without trial.
The whereabouts of several persons detained in during 2007-2008,
including Aung Htun, Myat Thu, and Aung Kyaw San, remained unknown;
human rights observers believed they continued to be detained without
charge. The whereabouts of Khun Maung and several others could not be
verified.
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.
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. Authorities in Rangoon
Division continued sporadically to require households to have ``family
photographs'' taken for government agents to use when conducting
nighttime checks of residences. Households subjected to this
requirement were required to pay for the cost of their photographs,
usually at significantly higher than market rates, and permanently
display in their homes the photographs of authorized residents.
Security personnel regularly screened private correspondence,
telephone calls, and e-mail.
The government continued to control and monitor closely the
licensing and procurement of all two-way electronic communication
devices. Possession of an unregistered telephone, 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 routine monitoring of 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.
Government employees generally were prohibited from joining or
supporting political parties; however, this proscription was applied
selectively. The government used coercion and intimidation to induce
persons, including nearly all public-sector employees and many
students, to join the government's mass mobilization organization--the
Union Solidarity and Development Association (USDA)--the government-
backed Myanmar Women's Affairs Federation (MWAF), and the Myanmar
Maternal and Child Welfare Association, and attend meetings in support
of the regime. The government also used coercion to entice or force
members of the NLD and other opposition parties to resign, and it
publicized the coerced resignations in government media.
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.
The media reported that in May authorities in Rakhine State seized
150 acres of farmland to set up an oil terminal after promising to pay
compensation. At year's end the villagers had not received any
compensation.
In 2008 there were reports of forced relocations, often accompanied
by executions, rapes, 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 particularly widespread 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.
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, through its
armed wing, the Karen National Liberation Army. In ethnic minority
regions, military personnel reportedly killed and raped civilians,
shelled villages and burned homes, destroyed food and seized
possessions, confiscated land, forced villagers to work on
infrastructure projects, and demanded villagers provide food and
construction materials for military camps.
In June a reported 4,000 Karen fled to Thailand after attacks by a
joint force of the army and the government-allied Democratic Karen
Buddhist Army soldiers. In July approximately 500 Karen fled into the
jungle without food, water, or medicine after similar attacks launched
by the army.
From August 27-29, government soldiers attacked the Kokang
ceasefire group, the Myanmar National Democratic Alliance Army. Press
reports claimed tens of thousands of civilians fled to China as a
result of the fighting. Government soldiers destroyed several villages
in Shan territory; some media estimates suggested the army razed up to
500 homes in Kokang territory. On August 31, the government declared 26
government troops and eight Kokang militants were killed during the
attack, which the government claimed was to shut down narcotics and
arms factories.
Killings.--In May in Shan State, government troops reportedly
summarily executed two villagers who were detained after a joint Karen
National Liberation Army/Pa-O National Liberation Army attack on
government forces.
On June 17, government army soldiers from Light Infantry Battalion
205 in Hpa An District on the border with Thailand reportedly raped and
killed two Karen girls. The girls, ages 17 and 18, reportedly were
attacked after their husbands fled into the jungle to avoid being
forced to work as porters for the government army.
In July government authorities gave 500,000 kyat (approximately
$500) and food to compensate the family of a 15-year-old girl who was
raped and killed by government soldiers in Kachin State. Although
eyewitness accounts suggested other soldiers were involved in the
incident, only one soldier was convicted of murder. No rape charges
were filed.
According to reports from Wan Kart villagers who fled to Thailand,
on August 3, government soldiers beheaded Nang Hsoi, whom they believed
to be the wife of a Shan State Army (South) fighter.
According to an NGO report, in August, as part of a campaign to cut
food, funds, intelligence, and recruits to the armed resistance by the
local populace, the government army forcibly relocated hundreds of
villagers after razing houses in three townships in Shan State. During
the forced relocation, authorities reportedly beat and killed
villagers; others sought safety by hiding in the jungle.
On September 8, the media reported the rape and murder of a 14-
year-old girl by a group of policemen in Shan State. Police then
allegedly arrested, detained, and tortured seven innocent persons,
including some of those who found her body. Police also threatened the
victims' relatives to prevent the perpetrators from being tried.
According to the most recent data available, 47 persons died and an
estimated 400 were injured by landmines in 2007.
In 2008 there were unverified reports of deaths and injuries caused
by security forces using civilians to clear landmines, particularly in
Karen State, where the army continued attacks against ethnic villages.
Disappearance.--There were reports of disappearances during
government army attacks in Shan and Karen states. Observers believed
many persons were killed and others fled to the border.
Physical Abuse, Punishment, and Torture.--The Thailand-based Karen
Women's Organization documented more than 4,000 cases of abuse 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
government army battalions.
On August 5, the media reported the rape of a 15-year-old girl in
Shan State by a government army patrol as she and her sister were on
their way to look for livestock.
According to media reports, a government army soldier in Shan State
attempted to rape a 16-year-old girl. The soldier reportedly paid the
girl's parents 600 yuan (approximately $86) after the incident as an
apology, and he gave local military authorities 1,000 to 1,600 yuan in
bribes ($143 to 229) to evade legal action. (Note: Chinese yuan is a
commonly used currency near the border with China.)
NGOs and international organizations continued to report numerous
sexual assaults by soldiers throughout the rest of the country.
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. Some reports indicated the army recruited
children as young as 11. Credible sources indicated the number of child
soldiers may have risen to 12,000, although accurate statistics were
difficult to obtain.
In September the media reported 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 (approximately $200) for each
child soldier they conscripted. Other children were kidnapped.
Authorities charged some recruiting staff and other military
personnel for unlawful recruiting child soldiers. During the year a
captain was dismissed from the army and sentenced to one year with hard
labor in a civilian prison. This was the first case of military
personnel being punished in a civilian prison for unlawful child-
soldier recruiting. This offense may also result in one to three months
in military prison with hard labor, loss of 12 months' seniority for
pension and promotion rights, salary deductions, and reprimand.
Ethnic militias, among both ceasefire and non-ceasefire groups,
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. In his 2009 report on the use of child soldiers in
Burma, the UN Secretary-General cited evidence both the government army
and several armed insurgent and ceasefire groups recruited child
soldiers. The ILO reported there were 78 complaints of cases of child-
soldier recruitment. The government cooperated with the ILO to return
46 child soldiers--34 from 2009 cases and 10 from 2008 cases. The
government agreed to discharge two others because they were children
when recruited. There were no reports of harassment of persons who
complained about child-soldier cases.
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.
Forced relocations generated large refugee flows to neighboring
countries or to parts of the country not controlled by the government.
Ethnic groups reported continued military action, which sent thousands
of refugees and migrant workers into neighboring countries.
According to the Office of the UN High Commissioner for Refugees
(UNHCR), 184,413 Burmese refugees lived in camps in Thailand. The
regime did not allow the UNHCR to monitor fully the potential areas of
return to assess conditions for the voluntary return of the refugees
and internally displaced persons, leading the UNHCR to determine
conditions remained unsuitable for their return.
Approximately 21,000 Rohingyas 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.
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 December 31, a Pakkoku district court added 20 years to the
seven-year prison sentence of Hla Hla Win for violating the Electronic
Transactions Act. According to the media, Hla Hla Win was a freelance
journalist working for the Democratic Voice of Burma. Her associate,
Myint Naing, was given 18 additional years for two unspecified charges.
The two initially were arrested in September and subsequently sentenced
in October to seven years each by a Pakkoku township court for riding a
motorcycle that had not been properly registered. They reportedly had
visited a monastery to interview monks shortly before being arrested.
On July 30-31, authorities detained 16 NLD members in Rangoon and
approximately 20 NLD members in the cities of Magwe and Mandalay in
anticipation of the announcement of the then scheduled verdict in the
Aung San Suu Kyi trial. Some of those detained were members of the
Tuesday Prayer Group. Although some were released, the whereabouts of
the majority were unknown at year's end.
On August 31, police reportedly arrested Zaw Naing for staging a
silent protest of the detention of more than 2,000 political prisoners
by hanging a portrait of Aung San Suu Kyi around his neck. Zaw Naing
received seven days in prison.
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.
According to media reports, on December 10, local authorities
banned a scheduled ceremony commemorating Human Rights Day in Pyay.
On September 1, SB police arrested six politically active Arakanese
university students. 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. The media reported the authorities arrested up to 20 Arakanese
youth. At year's end their whereabouts were unknown.
The law prohibits the publication or distribution of any printed
material without obtaining prior approval from the government. The
government controlled content in all print publications and owned and
controlled all domestic radio and television broadcasting facilities.
The official 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
censors all private publications, including books. The censorship
process for books can take several months or several years.
In late May/early June, the press was prohibited from publishing
information about the investigation into the collapse of the Danoke
pagoda in Dala, in which several persons died. Also in June government
censors banned the publication of news regarding the pending arrival of
a foreign ship suspected of transporting weapons. Censors also banned
articles on demonstrations following the disputed elections in Iran.
In August the government ordered the indefinite closure of the
weekly newspaper Phoenix for repeatedly submitting articles late to the
Press Scrutiny Board.
Privately owned media existed, but the government's Press Scrutiny
Board tightly controlled all media and publications and took action
against any attempt to provide independent interpretation or comment on
news. The Ministry of Information issued licenses to private media
publishers as long as the media printed government-approved material.
Government agents or supporters held an estimated one-third of private
media licenses.
Reporters were subject to arrest, harassment, intimidation, and
violence by the authorities and supporters of the regime.
On May 5, government authorities detained two foreign journalism
trainers in Mandalay. On the following day the two were taken to
Rangoon and deported.
On June 18, a Bahan court sentenced freelance journalist Zaw Tun to
two years in prison, allegedly for obstructing the work of an official.
Zaw Tun was arrested near the home of Aung San Suu Kyi by a police
officer, who claimed Zaw Tun had shown ``hostility'' toward the
officer.
On June 23, military intelligence agents went to several Rangoon
media offices and demanded the names of journalists who had
participated in training sessions at a foreign embassy in Rangoon,
although no action was taken against the journalists.
On October 28, government agents arrested 12 persons, including
staff members from The Voice, Foreign News, Pyi Myanmar, and
Kandarawaddy journals. It appeared the government was targeting persons
involved with a relief program for Cyclone Nargis victims.
In September Thet Zin, editor of Myanmar Nation magazine, was
released after having been sentenced in November 2008 to seven years'
imprisonment for violating the Printers and Publishers Act. Sein Win
Maung, the magazine's office manager, sentenced to seven years at the
same time, remained in prison.
Many prominent writers and journalists remained in prison for
expressing their political views. According to Reporters Without
Borders, at the beginning of 2008, eight journalists were in prison,
including Myat Swe (Sunny Swe) and his father Thein Swe, co-owners of
the English- and Burmese-language weekly newspaper Myanmar Times. Ko
Aung Gyi, former editor of 90 Minutes, was released in September.
The media practiced self censorship due to fear of government
reprisal. Publications generally did not report domestic political
news, 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 had no expatriates
based in the country. Foreign news agency bureau chiefs were rarely
permitted to enter on journalist visas.
Due to widespread poverty, limited literacy, and poor
infrastructure, radio and television remained the primary media of mass
communication. News periodicals rarely circulated outside of urban
areas. The government continued to monopolize and control the content
of the two domestic radio stations. Foreign radio broadcasts, such as
those of Radio Free Asia, the Voice of America, the BBC, and the
Democratic Voice of Burma, remained the principal sources of uncensored
information.
The government continued to monopolize and control all domestic
television broadcasting tightly. It offered four public channels--three
controlled by the Ministry of Information and one controlled by the
armed forces. The general population was allowed to register satellite
television receivers for a fee, although it remained far too expensive
for the majority of the population.
The law makes it a criminal offense to publish, distribute, or
possess a videotape not approved by a state censorship board. The
government continued to crack down on uncensored foreign videotapes and
digital 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.
Internet access and usage was extremely limited, due to government
restrictions and lack of infrastructure. According to the International
Telecommunication Union, in 2008 the number of Internet subscribers was
less 0.04 percent of the population and 0.2 percent of inhabitants used
the Internet, mostly in cybercafes in cities.
Authorities frequently blocked access to Web sites attracting many
users or large attachments related to political issues. E-mail messages
sometimes took several days to arrive in a receiver's inbox, often with
attachments deleted. Citizens believed this was due to the regime's
censorship of e-mail.
The government banned most Web sites critical of the regime and its
activities. Authorities also blocked access to free e-mail services 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 the Democratic Voice of Burma and
BBC's Burma service, but they could not access most articles on the
sites. Occasionally the government mistakenly blocked educational or
other sites when its software detected censored words.
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.
Nay Phone Latt (Nay Myo Kyaw), Internet blogger and owner of three
Internet cafes who in November 2008 was sentenced to 20 years and six
months, remained in prison at year's end.
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. 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 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
madrassas. During the year the government cracked down on private
tutoring and tried to ban the practice.
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. An ordinance officially prohibits
unauthorized outdoor assemblies of more than five persons, although it
was not enforced consistently, and authorities sometimes prohibited
smaller gatherings. While the NLD is a legal political party, all of
its offices, except its Rangoon headquarters, remained closed by
government order, and the NLD could not lawfully conduct party
activities outside its headquarters building. The government required
the nine other legally registered political parties to request
permission from the government to hold meetings of their members.
The regime and its supporters routinely used intimidation,
violence, and the power of arrest to disrupt peaceful demonstrations
and meetings.
At least 50 persons reportedly were arrested outside Insein Prison
after the verdict from Aung San Suu Kyi's trial was announced in
August, but they were released soon thereafter and told not to go back
onto the streets.
Freedom of Association.--The Association Law provides for citizens
to form associations and organizations; however, the government
restricted freedom of association, particularly for NLD members,
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 the head of state declares
to be unlawful.
Freedom of association generally existed only for government-
approved organizations, including trade associations, professional
bodies, and the USDA. Few secular, nonprofit organizations existed, and
those that did took special care to act in accordance with government
policy. There were 10 legally registered political parties, but most
were moribund. Authorities harassed and intimidated parties not
supportive of regime policies.
c. Freedom of Religion.--The government restricted freedom of
religion.
There is no official state religion, but the government showed
preference for Theravada Buddhism, the majority religion. However, the
government continued its efforts to control the Buddhist clergy
(Sangha) for political reasons. The government did not hesitate to
arrest and imprison lower-level Buddhist monks who opposed the
government. Authorities did not allow imprisoned monks to shave their
heads or receive food in accordance with the monastic code. Like other
political prisoners, monks often were beaten and forced to do hard
labor. The government also subjected the Sangha to special restrictions
on freedom of expression and association.
In the weeks leading up to the September anniversary of the 2007
protests and crackdown, security forces monitored many of the largest
monasteries in the cities of Rangoon and Mandalay and the state of
Rakhine suspected of involvement in prodemocracy activities.
In August nine monks arrested in July 2008 at Rangoon's Central
Railway Station were sentenced to two years' imprisonment for ``the
deliberate and malicious...outraging of religious feelings.''
Authorities arrested the nine monks for no apparent reason. The monks
had arrived separately at the station and were returning to their
hometowns for a visit.
The government required citizens and permanent residents of the
country to carry government-issued national registration cards that
often indicated religious affiliation and ethnicity. There appeared to
be no consistent criteria governing whether a person's religion was
indicated on the identification card. The government required citizens
to indicate their religion on certain official application forms, such
as for passports.
Most adherents of registered religious groups generally were free
to worship as they chose; however, the government imposed restrictions
on certain religious activities and promoted Buddhism over other
religions. The Ministry of Religious Affairs has a separate department
for the ``promotion and propagation of Sasana'' (Buddhism). The
government promoted education at Buddhist monastic schools in rural
areas and subsidized Buddhist universities in Rangoon and Mandalay.
Virtually all organizations, religious or otherwise, must register
with the government. Although an official directive exempts ``genuine''
religious organizations from registration, in practice only registered
organizations were allowed to buy or sell property or open bank
accounts. Consequently, most religious organizations registered with
the government.
The government prohibited efforts by Buddhist clergy to promote
human rights and political freedom. Members of the Sangha were not
allowed to preach sermons pertaining to politics. Religious lectures
could not contain any words, phrases, or stories reflecting political
views. The regime told Sangha members to distance themselves from
politics, political parties, and members of political parties. The
government prohibited any organization of the Sangha other than the
nine state-recognized monastic orders under the authority of the State
Clergy Coordination Committee. The government prohibited all religious
clergy from membership in a political party.
Religious activities and organizations were subject to restrictions
on freedom of expression and association. The government's pervasive
internal security apparatus imposed de facto restrictions on collective
and individual worship through its infiltration and monitoring of
meetings and activities of virtually all organizations, including
religious ones.
The government discouraged proselytizing by all clergy.
Evangelizing religions, including some Christian denominations, were
most affected by these restrictions. The government generally did not
allow permanent foreign religious missions to operate in the country.
There was no information on the whereabouts of monks U Damathara
and U Nandara from the Thardu monastery in Rangoon, who were arrested
in August 2008.
Societal Abuses and Discrimination.--There were no reports of
conflicts between Muslims and Buddhists in the country. While official
religious discrimination was limited, de facto preferences for
Buddhists remained. There was one synagogue in Rangoon serving a small
Jewish congregation. There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
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 tight 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 Rohingyas,
particularly in Buthidaung, Kyauktaw, Maungdaw, and Rathedaung
townships along the border with Bangladesh. Muslim youth 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 occurring.
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 under 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 (approximately
$400), roughly equivalent to the average annual salary of a skilled
worker.
The government regularly declined to issue passports to former
political prisoners, activists, and some local staff of foreign
embassies. College graduates who obtained a passport (except for
certain government employees) were required to reimburse the government
for the cost of their education. It frequently took several months to
receive a passport, particularly if the applicant was unwilling to
offer a bribe as incentive for speedier service.
The government permitted foreign diplomats and foreign UN employees
based in Rangoon to travel outside of Rangoon to designated tourist
sites without prior permission; all other travel required advance
permission and was commonly denied.
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).--The main causes of
displacement were army offensives against ethnic opposition groups,
forced relocation and labor, and recruitment of child soldiers.
According to the UNHCR, there were at least 500,000 IDPs in the
country, although accurate figures were difficult to determine due to
poor access to affected areas. The government provided little or no
protection or assistance to IDPs, many of whom were forcibly resettled
under dangerous conditions. 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 ongoing fighting between government army and
insurgent groups, according to credible observers along the border. In
addition female IDPs frequently suffered rape, according to these
observers.
According to NGOs, in late July government troops operating in Shan
State burned 10 villages and forcibly relocated an additional 30,
affecting 2,000 to 2,500 individuals. Shan groups also accused the army
of other grave human rights abuses, including arbitrary arrest,
torture, gang rape, and arbitrary execution. According to reports, an
estimated 4,000 to 10,000 ethnic Karens were displaced by the latest
wave of violence in June and July.
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
``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 Rohingyas in northern Rakhine
State, whom the government does not recognize as citizens.
A two-year MOU signed in 2007 permitted the UNHCR to work with
implementing partners in the southeast region, including parts of Karen
and Mon States and Tanintharyi Division. Under the MOU, authorities
permitted UNHCR foreign personnel to monitor their project activities
in the region.
UN High Commissioner for Refugees Antonio Guterres visited the
country March 7-12.
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 majority-Muslim Rohingya
fare the worst, with nearly all Rohingya denied any benefits of
citizenship.
According to the UNHCR, there were approximately 730,000 legally
stateless persons, mostly Rohingya, residing in northern Rakhine State
near the border with Bangladesh. The government does not recognise 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 Rohingyas 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 Rohingyas who were able to
prove long familial links to the country were eligible to apply for
naturalization.
Rohingyas experienced severe legal, economic, and social
discrimination. The government required them to receive prior approval
for travel outside their village tract of residence. Local residents
reported the farther from home the applicant intended to travel, the
more difficult it was to obtain permission, with travel outside of
Rakhine State severely restricted. In contrast, citizens do not need
approval to travel within the country; they need only be in possession
of a citizenship card. Rohingyas had extremely limited access to higher
education and could not work as civil servants, including as doctors,
nurses, or teachers. Access to medical care was extremely limited.
Rohingyas did not have access to state-operated schools beyond primary
education. In 2008 Rohingyas without temporary identification cards did
not have the right to vote in the constitutional referendum.
Authorities required Rohhingyas to obtain official permission for
marriages.
The government continued a program supported by the UNHCR to issue
Temporary Registration Certificate's (TCRs) to stateless persons in
Rakhine State. The UNHCR reported the government issued 35,000 TCRs in
2007 and nearly 50,000 in 2008. The cards, which are necessary for many
basic tasks, such as seeking a marriage license and travel
authorization, did not confer citizenship but, by confirming lawful
residence, contributed to improving legal status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The regime continued its systematic use of coercion and
intimidation to deny citizens the right to change their government. The
regime continued to prevent the parliament elected in 1990 from
convening.
The 2008 constitution--not yet in force--provides for popularly
elected legislators to a bicameral parliament; however, it stipulates
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 within 90 days of the general election. At year's end a date
for the 2010 elections had not been set, nor had electoral legislation
been issued.
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.
Elections and Political Participation.--In May 2008 the regime
announced 98.12 percent of eligible voters had participated in a
referendum to approve its new constitution and the constitution had
been approved by 92.48 percent of voters, figures no independent
observers believed were valid. The regime did not permit comprehensive
election monitoring. It allowed diplomats to visit only handpicked
polling places under supervision of the Ministry of Foreign Affairs.
Despite these restrictive conditions, foreign diplomatic observers
witnessed irregularities, including voters being photographed by
authorities and officials following voters into ballot booths. Domestic
and international human rights groups reported numerous, more serious
election irregularities, including voter intimidation and ballot
stuffing.
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. At year's end the
SPDC and military remained in control of all organs of government.
The government severely restricted the operations of political
parties, and persons who opposed the government were subjected to
imprisonment, violence, and harassment. The government restricted
political opponents' right to organize and publicize their views.
Military operations against civilians in contested areas in the
ethnic states increased; many observers believed the government engaged
in such actions to reduce potential opposition to the 2010 elections.
Ethnic ceasefire 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.
Women were excluded from political leadership. Members of certain
minority groups also were denied a role in government and politics.
There were no female or ethnic minority members of the SPDC, cabinet,
or Supreme Court.
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.
On October 15, the media reported the dismissal of two senior
judges, Win Myint Oo and Thawtar Min, and one legal advisor, Bo Min
Phyu, in Shan State after government officials accused them of
accepting 100 million kyat (approximately $100,000) in bribes.
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.
Approximately 45 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, its frequent interrogation of citizens
concerning contacts with foreigners, its restrictions on the freedom of
expression and association of citizens, and its practice of arresting
citizens who passed information about government human rights abuses to
foreigners obstructed efforts to investigate human rights abuses.
Reports of abuses, especially those committed in prisons or ethnic
minority areas, often emerged months or years after the abuses
allegedly were committed and seldom could be verified.
Authorities often allowed NGO staff to travel ``unaccompanied'' to
areas affected by Cyclone Nargis in 2008, although SB police monitored
many visits. Some international NGOs and UN agencies were required to
have a government representative accompany them on field visits to
other areas of the country, at the 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. UN agencies and NGOs continued to
negotiate with the government to agree on mutually acceptable
guidelines for the activities of humanitarian organizations.
There were several high-level visits by UN officials during the
year. UN Secretary-General Ban Ki-moon visited in July. During his
visit he met with Senior General Than Shwe, Prime Minister Thein Sein,
several opposition and ethnic leaders, and the UN country team;
however, Than Shwe denied Secretary-General Ban's request to meet with
Aung San Suu Kyi, who was on trial at the time. Secretary-General Ban
said he conveyed a strong message on the need for political and
economic reform to the generals. He delivered a speech in Rangoon
highlighting the need for good governance. UN Special Envoy Ibrahim
Gambari visited the country in late January and again in July
accompanying Secretary-General Ban Ki-moon.
In February UN Special Rapporteur on Human Rights for Burma Tomas
Ojea Quintana also visited the country. The report issued by his office
highlighted concerns about the situation of political prisoners and the
lack of freedom of expression, assembly, and association as they relate
to the 2010 elections. It also covered a wide range of other issues
including internal conflicts, discrimination, and human rights. Ojea
Quintana concluded the human rights situation remained serious and
recommended the government implement four core human rights elements
before the 2010 elections: a review of national legislation in
accordance with the 2008 constitution and international obligations,
the progressive release of prisoners of conscience, the reform of the
armed forces to ensure respect for international human rights and
humanitarian law, and the establishment of an independent and impartial
judiciary. According to the report, government officials were generally
receptive to his recommendations, but by year's end the special
rapporteur had not seen a progress report from the government. The
special rapporteur was scheduled to return in December, but no
agreement could be reached with the government regarding a date for his
visit.
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 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, 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. Typically punishment for men in these
cases was a fine but no jail time. The government-affiliated 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 is controlled by
wives of regime leaders, police usually investigated cases referred to
them by the group.
Prostitution is prohibited by law and punishable by up to five
years in prison. In practice most prostitutes received three years'
imprisonment, while brothel owners received five years in prison.
Clients were not punished; they received HIV/AIDS counseling.
Prostitution grew in urban areas, particularly in some of Rangoon's
``border towns,'' ``new towns'' (populated chiefly by poor families who
were relocated forcibly from older areas of the capital), and in
downtown massage parlors that doubled as brothels. Police tolerated the
existence of these brothels and prostitution in exchange for bribes and
in-kind payments.
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, and they did so free from
discrimination. Access to information on contraception was limited, and
reproductive health services, including the availability of
contraceptives, generally were limited to private clinics. 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 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 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 association enjoyed good
relations with the government and was allowed to conduct its activities
to support women in business.
Children.--According to the Burma Citizenship Law, citizenship is
derived through parents, both of whom must be nationals of the country.
Education is compulsory, free, and universal through the fourth
standard (approximately age 10). However, the government continued to
allocate minimal resources to public education. 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.
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; it
is 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.
Trafficking in Persons.--The law prohibits enslaving and
trafficking persons, but trafficking within and from the country was a
significant problem. Government and military use of forced labor
remained widespread. Shan and other ethnic minority women and girls
were trafficked across the border to nearby provinces in China. Karen
and Mon women and girls were trafficked into nearby provinces in
Thailand. Both adults and minors were trafficked for the purpose of
forced labor in some places. Victims of both genders were trafficked to
East and Southeast Asia and the Middle East for sexual exploitation,
domestic servitude, and bonded labor. Young women and girls were at the
highest risk for trafficking for the purpose of sexual exploitation.
Victims of trafficking faced hazardous conditions, including sexual and
physical abuse by their traffickers, poor nutrition and sanitary
conditions, and disease, including tuberculosis and HIV/AIDS.
Some human traffickers appeared to be freelance, small-scale
operators using village contacts to send victims to brokers overseas.
Brokers were primarily foreign, but some Burmese brokers operated in
Thailand and China.
A report issued in August by a local NGO, which documented 40
incidents of sexual abuse and trafficking against 71 women and
children, found traffickers often promised women good jobs and higher
living standards in other cities or countries. Ultimately, the women
were forced to become sex workers, sold to factories in neighboring
countries, or forced to marry or bear children. The incidents primarily
occurred in the south, along the border with Thailand.
There was evidence internal trafficking generally occurred from
poor agricultural and urban centers to areas where prostitution
flourished (trucking routes, mining areas, military bases, and
industrial areas), as well as along the borders with Thailand and
China.
Military and civilian officials remained directly involved in
forced labor and the unlawful conscription of child soldiers, with
reported cases of child soldiers increasing annually. The military
forcibly recruited thousands of children and adults to serve as
civilian laborers and uniformed soldiers. The risk of forced military
recruitment was widespread and not limited to specific states or
divisions. Some children were threatened with jail if they did not
agree to join the army. Poor villagers in rural regions were often
required to provide corvee labor on demand as a tax imposed by
authorities. ILO staff engaged the military through meetings and
training to raise awareness of the need to end the practice of child
recruitment. The ILO reported growing awareness of the topic at all
ranks within the military.
The penalties for trafficking women and minors is 10 years to life;
for trafficking men, five to 10 years; for fraud for the purpose of
trafficking, three to seven years; for using trafficked victims for
pornography, five to 10 years; for trafficking with an organized
criminal group, 10 years to life; for serious crime involving
trafficking, 10 years to life or the death penalty; for a public
official accepting money related to an investigation of the trafficking
law, three to seven years. All penalties also include the option of a
fine.
The government made a degree of progress against trafficking in
persons. Officials recognized the importance of preventing cross-border
trafficking and prosecuting traffickers. In the past they sometimes
conflated human smuggling and human trafficking, according to experts
in the region. Police contacts displayed increasing sophistication in
their understanding of the differences between trafficking victims and
illegal migrants. The government did little to combat internal
trafficking and took minimal action on forced labor.
The Ministry of Home Affairs continued to maintain there was no
complicity of government officials in trafficking; however, corruption
among local government officials was believed to be widespread. NGOs
reported the complicity of government officials in trafficking,
although it appeared to be mainly a question of local and regional
officials turning a blind eye to trafficking activities rather than
active involvement by members of the central government. Authorities
took unprecedented action against members of the military involved in
child recruitment. An army captain was sentenced to one year of hard
labor in a civilian prison for his role in child recruitment. Two
enlisted soldiers were sentenced to shorter terms in a military prison,
and two noncommissioned officers received stronger administrative
punishments than were reported in the past.
The government had four vocational training centers and one house
to shelter female trafficking victims; male victims were temporarily
sheltered in training schools. The government requires repatriated
victims to stay in these centers for a minimum of two weeks, and in
practice often longer, where they were confined contrary to
international norms of victim protection. The MWAF and the Department
of Social Welfare reported they provided some basic health and
compulsory counseling services and job training for trafficking victims
before turning them over to an NGO or returning them to their families.
However, government funding for these programs was very limited.
The Ministry of Home Affairs placed antitrafficking task forces at
22 locations known to be trafficking points. With assistance from
international NGOs, the government conducted training and advocacy
workshops and also approved nationwide television and radio
announcements and distribution of materials at the state/division
level.
The government worked with the UN Inter-Agency Project on Human
Trafficking to sponsor seminars for national, state/division, and
lower-level authorities and received training from the Asia Regional
Trafficking in Persons Project. International and local NGOs offered
poverty alleviation and educational programs designed to counter
trafficking.
The government continued to implement a National Action Plan
against Trafficking in Persons. The five-year plan lays out the
government's priorities for 2007-2011. A senior police official stated
the government's priorities included conducting training courses,
improving support services provided to victims, raising public
awareness, and improving coordination with neighboring countries on
cross-border trafficking in persons matters.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--There is no law providing for equal
treatment before the law and for general protection against
discrimination. Under the constitution, all citizens have the right to
education and healthcare. The government did not actively discriminate
against persons with disabilities in employment, access to healthcare,
education, or the provision of other state services, but there were few
official resources to assist persons with disabilities. There are no
laws mandating accessibility to buildings, public transportation, or
government facilities.
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 who returned to Rakhine State were discriminated
against because of their ethnicity. Returnees faced severe restrictions
on their ability to travel, engage in economic activity, obtain an
education, and register births, deaths, and marriages (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. According to media reports, during the
year the government resettled approximately 300 ethnic Burmese in
Maungdaw Township in Rakhine State; the government offered many
individuals land, housing, and food for six months.
There were several reports of ethnic villages being displaced for
economic development. In Shan State, the Pa-O Youth Organization
reported plans to develop an iron ore mine could displace more than
7,000 homes. In Rakhine State the All Arakenese Student and Youth
Congress claimed six villages were relocated. In each case local
villagers claimed they were not adequately consulted or compensated
prior to the relocation. Kachin villagers in the Hukawng Valley also
reported that as many as 40,000 ethnic Burmese were relocated there to
work for the Rangoon-based Yuzana Company's sugarcane plantation.
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.--HIV-positive patients
were discriminated against, although HIV activists reported 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.''
In the past the government forbade seafarers who found work on
foreign vessels through the Seafarers Employment Control Division from
having contact with the Seafarers' Union of Burma--affiliated to the
government-banned FTUB--and the International Transport Workers'
Federation. During the year the government sometimes refused to
document seafarers who were abroad, which complicated the efforts of
seafarers to find regular employment.
Several FTUB leaders and labor activists continued to serve long-
term sentences, including FTUB Central Executive Committee members Myo
Aung Thant, U Aung Thein, Khin Maung Win, Ma Khin Mar Soe, Ma Thein
Thein Aye, U Aung Moe Tin Oo, Kyi Thein, Chaw Su Hlaing, U Tin Hla, and
10 FTUB organizers in the Bago area.
Six labor activists--Thurein Aung, Kyaw Kyaw, Wai Lin (Wai Aung),
Nyi Nyi Zaw, Kyaw Win (Wanna), and Myo Min--arrested in connection with
a labor rights seminar in Rangoon in May 2007 and sentenced in
September 2007 to 20 to 28 years' imprisonment for sedition, 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 ahalf years' and 10 years'
imprisonment in December 2008, respectively. The status of Khin Mauong
Cho, also arrested in 2008, was unknown.
The law prohibits labor strikes. In contrast with 2008, there were
no reports of informal strikes during the year.
b. The Right to Organize and Bargain Collectively.--The government
generally does not allow workers to organize or bargain collectively.
However, Workers' Supervision Committees (WSCs) 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 WSC
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 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 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 reported one
complaint during the year of internal trafficking for child forced
labor at a horticultural plantation, where 100 boys ages 13 to 15
reportedly were forced to work and held in a barracks at night. The boy
who reported the case was initially abducted in Rangoon Division and
taken to the plantation.
The Chin Human Rights organization reported in Chin State the SPDC
forced villagers to cut wood from the forest, repair and construct army
camps, transport army rations and supplies, and dismantle fences around
the camps. The government army also allegedly forced students to work
for them on weekends and holidays.
The government's use of forced labor in support of military
garrisons or military operations remained serious in ethnic or
religious minority regions. According to NGO sources such as the Karen
Human Rights Group, villagers were ordered to build or repair military
camp infrastructure and perform other tasks within the camps, such as
standing guard. The same source also reported villagers were required
to bring lumber, at their own expense, to construct and repair military
facilities.
During the year the Karen Human Rights Group also reported on the
army's continued use of ethnic Karen villagers as porters in attacks
against Karen villages in Bago Division and Karen and Kayah states.
Reports of forced labor for smaller projects in villages
countrywide persisted. Authorities also continued to use forced labor
countrywide to maintain existing civil infrastructure, including
transportation and irrigation facilities. Authorities often allowed
households or persons to substitute money or food for labor for
infrastructure projects, but widespread rural poverty forced most
households to contribute labor. Parents routinely called upon children
to help fulfill their households' forced labor obligations. In May the
government reportedly forced some villagers to work on a road
construction project in Rangoon for six days. Each person who refused
had to pay a fine of 2,000 kyat (approximately two dollars) per day.
In October 12 farmers in Magwe Division were sentenced to hard
labor on charges of trespassing after returning to land confiscated by
the government. The farmers allegedly refused to grow sugarcane for the
army-run sugar factory. With the help of the ILO, in March the farmers
reached an agreement with the government to return to the land.
However, the factory later sued, and the court convicted the farmers.
There were reports in 2007 and 2008 from nearly every division and
state of authorities forcing citizens to buy and plant physic nut trees
on public and private property as part of the regime's campaign to
produce more biodiesel fuel. Those who tried to avoid planting the
trees were threatened with fines.
On February 26, the 2007 Supplementary Understanding on Forced
Labor, an agreement between the government and the ILO, was extended
for an additional 12 months. Under the agreement the government permits
the ILO to set up a system allowing citizens to register complaints
with the ILO without government retaliation; it also requires the
government and the ILO to investigate jointly allegations of labor
abuses referred by the ILO. However, the ILO reported rare instances of
persons arrested after filing forced-labor complaints to the ILO and
charged under the Official Secrets Acts.
Although the government took steps to address forced labor, it
remained widespread. The government publicly supported the
Supplementary Understanding--the 2007 agreement under which the
government investigates forced labor complaints--and worked with the
ILO to engage in awareness-raising activities, in addition to willingly
participating in some joint investigations of forced-labor cases.
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. The use of child labor was found in the production of
rubies, teak, rice, rubber, and sugarcane. 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 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 ceasefire groups also
allegedly recruited child soldiers (see section 1.g.).
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.
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 15,000 kyat (approximately $15) for what was in
effect an eight-hour workday. The rate for day laborers was 500 kyat
($0.50) 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 500 to 1,000 kyat ($0.50 to $1.00) per
day, while rural agricultural workers earned approximately half that
rate. 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 kyat ($30) per month, according to
private sector employers.
A surplus of labor, a poor economy, and the lack of protection by
the government continued to foster substandard conditions for workers.
The law prescribes a five-day, 35-hour workweek for employees in the
public sector and a six-day, 44-hour workweek for private and state
enterprise employees, with overtime paid for additional work. Factory
workers at state-owned enterprises must work 44 to 48 hours per week,
depending on the type of factory. The law also allows for a 24-hour
rest period per week, and workers are permitted 21 paid holidays per
year; however, in practice such provisions benefited only a small
portion of the labor force, since most 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 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 existed, but the government
did not enforce them. Although workers may remove themselves from
hazardous conditions, many could not expect to retain their jobs if
they did so.
__________
CAMBODIA
Cambodia is a constitutional monarchy with an elected government
and a population of approximately 14 million. In the most recent
national elections, held in July 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
past 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 the CPP leadership.
The government's human rights record remained poor. Security forces
committed extrajudicial killings and acted with impunity. Detainees
were abused, often to extract confessions, and prison conditions were
harsh. Human rights monitors reported arbitrary arrests and prolonged
pretrial detention, underscoring a weak judiciary and denial of the
right to a fair trial. Land disputes and forced evictions were a
problem. The government restricted freedom of speech and the press
through defamation and disinformation lawsuits and at times interfered
with freedom of assembly. Corruption was endemic. Domestic violence and
child abuse occurred, education of children was inadequate, and
trafficking in women and children persisted. The government offered
little assistance to persons with disabilities. Antiunion activity by
employers and weak enforcement of labor laws continued, and child labor
in the informal sector remained a problem.
RESPECT FOR HUMAN 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
extrajudicial killings, although significantly fewer than in previous
years.
The Cambodian Human Rights and Development Association (ADHOC)
reported 18 arbitrary killings, seven of which allegedly were committed
by police, three by soldiers, one by a military police officer, and the
remaining seven by local-level government officials. Police arrested
suspects in at least four cases.
On March 4, Inn Pheang, a soldier in the military's Battalion 617,
reportedly shot and killed opposition Sam Rainsy Party (SRP) activist
Mang Vith during a dispute in Kampong Cham's Memot District. Sources
agreed that Mang Vith was drunk at the time of the incident, and the
two men exchanged words briefly before Inn Pheang opened fire. The
soldier reached a settlement with the victim's family out of court.
On June 18, Ou Bunthan, a soldier in the military's 14th
Intervention Brigade in Pursat Province, immolated civilian Loeung
Saroeun. The victim reportedly worked for Ou Bunthan as part of an
illegal wildlife trade business. The military court issued a warrant
for the arrest of Ou Bunthan, who remained in hiding at year's end.
On July 6, Phnom Penh military police officer Kep Bros, a bodyguard
for the Phnom Penh governor, shot and killed Soy Sokhorn during a
dispute. At year's end he had not been arrested.
There were several cases of suspected killings while victims were
held in government or police custody. On March 23, fisherman Mao Sok
died while in custody of the Takeo Provincial Fishery Department. The
victim's family said the body displayed signs of torture; however,
provincial authorities stated that Mao committed suicide in his cell,
and they did not conduct an investigation. The victim's family filed a
complaint to the provincial court, but the provincial prosecutor
dismissed the complaint. The family appealed the decision to the
appeals court; at year's end the court had taken no action.
On April 1, Kong La died while in custody of the Mong Russei
district police in Battambang Province. The victim's family reported
that the body showed signs of beating. The district police chief stated
that Kong sustained the injuries after he fainted while in custody; the
commune chief claimed Kong fell from a motorbike while resisting
arrest. Local authorities gave money to Kong's family, who did not file
an official complaint.
Nongovernmental organizations (NGOs) reported three killings of
political activists during the year, but their investigations could not
confirm that the deaths were politically motivated.
There were no developments in the following cases: the April 2008
death of Buern Soksina, who was shot and killed by a police officer
during a motorcycle chase in Preah Vihear Province; the April 2008
death of a villager who died after sustaining severe head injuries from
a beating allegedly by security forces during an eviction in Preah
Vihear Province; and the October 2008 death of a bystander who was
killed when a military police officer reportedly opened fire on a
crowd.
There also were no developments in the following cases of killings
by unidentified persons: the May 2008 deaths of former CPP activists
Cheang Sorm and Norodom Ranariddh, Party Deputy Chief Sok Run; and the
July 2008 deaths of journalist Khem Sambo and his son.
There were no developments in the 2007 deaths of Khmer Kampuchea
Krom monk Eang Sok Thoeurn, SRP activist Chea Sovin, and SRP commune-
level vice chairperson Kleb Un.
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 40 deaths, 54 amputations, and 122 other
injuries.
On February 9, seven men allegedly killed Hang Heoun, whom they
accused of sorcery in Sandan District, Kampong Thom Province.
Provincial authorities arrested the seven men and charged them with
premeditated murder. At year's end the perpetrators were in pretrial
detention, and no trial date had been set.
Local NGOs reported two other mob killings in the first six
months--one related to a robbery and the other to an attempted rape.
There were no developments in the two mob killings reported in 2008
or the five mob killings in 2007.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
On April 4, Khmer Kampuchea Krom monk Tim Sakhorn returned to his
home province of Takeo after being released from house arrest in
Vietnam. After unsuccessfully attempting to obtain Cambodian
citizenship documents, he crossed the border into Thailand on April 12.
In July he was granted refugee status and accepted third-country
resettlement.
There was no development in the 2007 disappearance of Land Border
Protection Unit 504 soldier Im Bun Ny.
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 significantly from previous years.
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 NGOs reported that authorities allegedly tortured at
least 118 prisoners: 100 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 shocks, suffocation,
caning, and whipping with wire. NGOs reported that it was not uncommon
for police to torture detained suspects until they confessed to a
crime. Courts used forced confessions as legal evidence during trial
despite admissibility prohibitions under the law.
On January 31, five persons from the village of Tumnob Teuk
reported 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.
On February 27, Chea Ly and his wife Chhoun Eng reported that
soldiers beat them after the couple refused to pay a bribe at the Prey
Nob District checkpoint. The soldiers belonged to the military's
Battalion 1 in Preah Sihanouk Province.
On May 25, Pok Un reported that O Chrov District military police in
Banteay Meanchey Province beat and kicked him while detaining him on
suspicion of theft.
During the year ADHOC noted that there were 100 cases of physical
assaults on civilians by local authorities, government agents, or
private bodyguards, compared with 110 cases in 2008.
In December national drug control authorities required 21 drug-
addicted persons to participate in a human trial of a liquid herbal
substance called Bong Sen, used for several years in Vietnam for
detoxification of drug-dependent persons. Officials claimed the 21 were
volunteers, but informed sources confirmed that many of the addicts
were given the choice of participating in the study or being
incarcerated. According to the World Health Organization, there was no
ethical review of the plans to administer the substance, nor was it
registered as a drug under Ministry of Health guidelines. There was
little or no information available about the efficacy,
contraindications, or side effects of Bong Sen prior to the experiment.
Eight of the 21 were HIV-positive, and two of those were on
antiretroviral drugs at the time of the Bong Sen ``treatment.'' Several
of the 21 reported adverse reactions to the substance, including
illness, during the trial. Following the 10-day trial, there was no
patient follow-up planned or implemented by authorities. According to
local NGO statements, at least 17 of the 21 individuals resumed drug
use within two days of the trial.
There was no development in the 2007 case of Kampong Speu Province
military police officer Prak Vutha, who reportedly arrested and beat
unconscious a man named Sok Soeun.
In response to 2008 reports that police and the Ministry of Social
Affairs, Veterans, and Youth Rehabilitation (MOSAVY) guards raped,
physically abused, robbed, and extorted detainees in police custody at
two MOSAVY rehabilitation centers, officials released all of the
detainees at the two rehabilitation centers. At year's end one center
remained closed, while another was being used to house and rehabilitate
homeless families. MOSAVY officials investigated conditions at the
centers but did not issue conclusions or reports. The guards and the
MOSAVY deputy director with oversight for the centers retained their
positions.
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 (MOI) Prison Department,
there were 13,324 prisoners and detainees, including 802 women and 840
juveniles. There are 25 prisons in the country, which were designed to
hold between 8,000 and 11,000 prisoners and detainees. The government
was building new prisons designed to accommodate 2,500 additional
prisoners. There were reports at some prisons that cells of 40 by 20
feet held up to 110 prisoners. At Correctional Center 1 prison, cells
of 26 by 26 feet held an average of 50 prisoners. In some prisons
authorities used shackles and held prisoners in small, dark cells as a
form of harsher punishment. There were reports that at least 58
prisoners died in custody in 18 prisons in 13 provinces during the
year.
An investigation continued into the November 2008 death of Heng
Touch, who died after sustaining injuries in prison under suspicious
circumstances. In March the Phnom Penh Municipal Court summoned the
victim's family, two prison officers, and a prison doctor for
questioning, but at year's end no charges had been filed.
There were no developments in the following 2008 cases: the death
of Bun Vannarith after being taken from a hospital into police custody;
the death of prisoner Yan Sok Kea reportedly from a high fever after
treatment was allegedly delayed; or the death of an elderly woman
confined to a MOSAVY rehabilitation facility without access to medical
care.
Government ration allowances for purchasing prisoners' food
routinely were misappropriated and inadequate, exacerbating
malnutrition and disease. One NGO claimed that in some cases prison
authorities withheld 20 to 30 percent of food or materials brought by
prisoners' families. Rights organizations confirmed that families 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 full jail terms.
In most prisons there was no separation of adult and juvenile
prisoners, of male and female prisoners, or of persons convicted of
serious crimes and persons detained for minor offenses. Pretrial
detainees were routinely held together with convicted prisoners.
According to government statistics, an estimated 32 percent of
prisoners held in municipal and provincial prisons were pretrial
detainees.
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 MOI 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. The MOI reported having 428 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. On July 22, a local newspaper
reported the case of Roeun Sophea, who had been held in Banteay
Meanchey provincial prison for 37 months, awaiting trial on drug
smuggling charges. Roeun was in prison with her daughter, who was an
infant at the time of Roeun's arrest. After the court located the
misplaced file, on August 5 a judge convicted Roeun of the charges and
sentenced her to time served.
ADHOC reported at least 103 cases of illegal arrest or detention
during the year. ADHOC stated that victims in 43 illegal detention
cases subsequently were freed following detainee complaints,
interventions by human rights NGOs, or payment of bribes. ADHOC
believed that the actual number of arbitrary arrests and detentions was
somewhat higher, because some victims in rural areas did not file
complaints due to difficulty in traveling to the NGO's offices or out
of fear for their family's security. According to ADHOC, authorities
took no legal or disciplinary actions against the persons responsible
for the illegal 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; in at
least one case, an HIV-positive woman lost her medication and
authorities would not provide substitute medicines. Authorities called
the street sweeps part of a citywide ``beautification'' process and
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 MOI, manages all civilian police units. The police forces are
divided into those who have the authority to make arrests, those
without such authority, and the judicial police. Military police are
permitted to arrest civilians if the officers meet the training and
experience requirements to serve as judicial police, if civilians are
on military property, or when authorized by local governments.
Police officials killed citizens and committed other abuses with
impunity, and in most cases the government took little or no action.
There were reports that police, prosecutors, investigating judges, and
presiding judges received bribes from owners of illegal businesses.
The law requires police, prosecutors, and judges to investigate all
complaints, including those of police abuses; however, in practice
judges and prosecutors rarely conducted an independent investigation 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 22, commune policeman Thoeun Hok opened fire on a crowd of
villagers from Chi Kraeng commune in Siem Reap Province, wounding two
villagers. Another unnamed police officer shot and wounded a third
villager. The provincial governor had sent the officers in a mixed
group of armed forces including district police, military police, and
soldiers to remove the villagers from a disputed piece of farmland.
Provincial authorities first detained the wounded but then took them to
a hospital approximately three hours after the shooting occurred. On
August 18, and on two subsequent occasions, the Ministry of Justice
sent letters to provincial authorities requesting action in the case,
but the orders were not enforced.
On June 22, a provincial police sergeant shot and wounded a
villager in Ratanakiri Province during a protest over an economic land
concession leased to a private company. The sergeant was held at
provincial police headquarters for disciplinary action. Military
soldiers reportedly injured another villager in a brawl and fired shots
but did not aim at or injure any villagers.
There were no developments in the July 2008 case of Brigade 70
Major Meur Bora, who reportedly beat two men following a minor traffic
accident, or in the September 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. 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 April 22, the Kampot Provincial Court sentenced policeman Priep
Pov in absentia to one year in prison. Phnom Penh Order Police had
detained Priep for five weeks in February 2008 due to his alleged
involvement in a Kep Municipality land dispute. Priep appealed the
decision and remained in hiding at year's end.
At year's end no trial date had been set for the appeals by four of
the six persons convicted in 2007 by the Phnom Penh Municipal Court for
planning bombings at the 2006 Water Festival.
In the 2007 case of a 13-year-old Jarai ethnic minority youth
sentenced to eight months and 10 days despite his being under the
minimum age for imprisonment when arrested, the youth's lawyer
confirmed his release on appeal in 2007.
Amnesty.--The king may grant amnesty in certain cases, which he
often does during important Buddhist religious ceremonies and national
holidays. The MOI reported that King Norodom Sihamoni pardoned 75
persons during year.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, but in practice the government generally did not
respect judicial independence. The courts were subject to influence and
interference by the executive branch, and there was widespread
corruption among judges, prosecutors, and court officials.
The court system consists of lower courts, an appeals court, and
the Supreme Court. The constitution also mandates a Constitutional
Council, which is authorized to review the constitutionality of laws,
and a Supreme Council of the Magistracy, which appoints, oversees, and
disciplines judges and prosecutors. The composition of both councils
heavily favored the CPP.
There is a separate military court system, which suffered from
deficiencies similar to those of the civilian court system. While
civilians may fall under military court jurisdiction in some cases, the
legal distinction between the military and civil courts sometimes was
ignored in practice.
On November 23, the Extraordinary Chambers in the Courts of
Cambodia (ECCC) heard closing arguments in the case against Kaing Guek
Eav (alias Duch), 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. A verdict was expected in early 2010. The ECCC
continued investigations against four other detained Khmer Rouge
leaders charged with crimes against humanity, war crimes, and genocide.
On September 2, the Office of the International Co-Prosecutor submitted
a list of five additional names for review by the coinvestigating
judges and for possible future prosecution.
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 appeal sometimes 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 in
the absence of the defendant.
On February 16, the appeals court upheld the 2005 conviction of
Thach Saveth for the assassination of labor leader Ros Sovannareth.
Thach's lawyer, local NGOs, and the International Labor Organization
(ILO) continued to report procedural irregularities in the case and a
lack of evidence linking Thach to the crime.
A lack of resources, low salaries, and poor training contributed to
a high level of corruption and inefficiency in the judicial branch, and
the government did not ensure due process.
Observers reported that many cases were pending due to a shortage
of judges and courtrooms. Observers also speculated that court
officials might have been focusing on cases from which they could gain
financial benefits.
There remained a critical shortage of trained lawyers, particularly
outside Phnom Penh. Persons without means to secure counsel often in
effect were denied the right to a fair trial. According to the Bar
Association, approximately 30 percent of the country's 712 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.
On August 17, the appeals court held a new hearing in the case of
Born Samnang and Sok Sam Oeun, finding that the case should remain with
the appeals court for reinvestigation and retrial. The two men had
spent nearly five years in prison since their 2004 arrest and
conviction for the killing of labor leader Chea Vichea before the
Supreme Court ordered a retrial in December 2008 and released the men
on bail. At year's end the two remained free on bail pending further
appeals court action.
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 the forced
collectivization during Khmer Rouge rule and the return of hundreds of
thousands of refugees, land ownership often was unclear. The 2001 land
law states that any person who peacefully possessed private or state
private property (not state public land) without contention for five
years prior to the 2001 promulgation of the law has the right to apply
for a definitive title to that property. Most of the country's
impoverished population continued to lack adequate formal documentation
of land ownership.
Provincial and district land offices continued to follow pre-2001
land registration procedures, which did not include accurate land
surveys and opportunities for public comment. The Cadastral Commission
failed to implement the identification and demarcation of state land,
leading to land conflicts, arbitrary evictions, and ill-defined,
uncontrolled state development. 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, although some cleared properties had not been
developed at year's end.
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. Despite calls from
various government officials to increase social land concessions for
landless citizens, implementation was limited.
On September 4, the government canceled World Bank support for its
Land Management and Administration Program, citing ``complicated
conditions'' for adjudicating land titles. The World Bank had assessed
the program in August and found that the government had not complied
with requirements for a resettlement policy framework. The government
continued the program on its own.
Cases of inhabitants being forced to relocate continued to occur
when officials or businesspersons colluded with local authorities,
although the numbers reported dropped significantly from 2008. 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 186 land-related cases during the year.
During the same period, another NGO received 115 land-related cases in
Phnom Penh and 14 provinces, affecting a total of 8,806 families. The
poor often had no legal documents to support their land claims and
lacked faith in the judicial system. Some of those expelled
successfully contested these actions in court, but the majority of the
cases in the courts were still being processed.
On January 24, police, military police, municipal authorities, and
employees of the construction firm 7NG forcibly evicted residents of
the Dey Krahorm community in the Tonle Bassac area of Phnom Penh. At
the time of the unannounced eviction, residents had been negotiating
compensation packages with the Phnom Penh municipal government and 7NG.
Police fired tear gas and rubber bullets into a group of protesters
attempting to resist the eviction, injuring at least 16 individuals,
while 7NG employees dismantled residents' houses. Bulldozers belonging
to 7NG demolished some houses with occupants still inside and seriously
injured two individuals. Municipal authorities and 7NG employees moved
the evictees to the community's designated resettlement site in Damnak
Trayoeng, approximately 10 miles west of the city, which lacked
sufficient apartments for the resettled community and basic facilities
such as water and sewage. In the immediate aftermath, the evictees
lived under tarps along the road next to Damnak Trayoeng and depended
on NGOs for basic humanitarian support. At year's end all families
recognized by the municipal government and 7NG as landowners in Dey
Krahorm received apartments in Damnak Trayoeung. Municipal authorities
and 7NG moved former Dey Krahorm renters to empty plots of land without
basic infrastructure in neighboring Kandal Province. Despite government
claims that the Dey Krahorm site had to be cleared quickly to make way
for development, the site remained an empty field at year's end.
In June Phnom Penh municipal authorities moved more than 40 HIV/
AIDS-affected families from Phnom Penh's Borei Keila neighborhood to a
resettlement site located approximately 15 miles from the city, despite
the fact that some of the families were eligible for on-site
resettlement in Borei Keila under a social land concession plan.
Families at the resettlement site, Tuol Sambo, lived in green metal
sheds that became hot during the day and made storage of antiretroviral
medication difficult. Like many resettlement sites, Tuol Sambo was not
equipped with sufficient infrastructure to support a community, and the
remote location restricted families' access to livelihood opportunities
and medical care. As of year's end, NGOs and the UN Joint Program on
HIV/AIDS planned to upgrade the housing at Tuol Sambo and provide
limited livelihood support.
In April a Ratanakiri provincial court prosecutor dismissed both
criminal complaints related to a land dispute between Keat Kolney and
Jarai ethnic minority villagers from Kong Yu and Kong Thom villages.
The villagers had filed a criminal 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. Keat Kolney's lawyers filed a countersuit in 2007.
At year's end the community's civil case against Keat Kolney remained
pending. Villagers reported that the commune chief threatened to file
unspecified charges against them if they did not drop the civil case.
In December villagers filed complaints with the Ministry of Interior
against the commune chief for allegedly forcing them to thumbprint the
documents transferring their land to Keat Kolney. The villagers'
attorneys filed complaints seeking the removal of the case's
investigating judge, Thor Saron, for failing to act on the case. The
Ratanakiri Provincial Court had assigned Judge Thor to the case in
September 2008. Reports that Keat Kolney's company was clearing land in
the disputed territory continued, despite an agreement to halt
development during court proceedings.
Also in April, in the case of villagers evicted from Anlong Khmeng
Leng Village in Kampot Province, the prime minister announced the
distribution of the confiscated land to approximately 90 families. A
local NGO reported that none of the receiving families was from Anlong
Khmeng Leng Village.
On April 28, authorities arrested and then released on bail Chea
Sam Ath, who allegedly posed as a local village chief and ordered
soldiers to shoot villagers protesting eviction in Malai District in
Banteay Meanchey Province in March 2008. The investigation continued at
year's end.
There were no developments in the February 2008 case of authorities
who reportedly beat villagers during an eviction from the Russei Keo
District of Phnom Penh.
There were no developments in the June 2008 eviction carried out by
soldiers in the Anlong Kroum area of Kampot Province.
In the April 2008 eviction case of the Tonle Bassac neighborhood
Group 78 (G78), on April 20, the Phnom Penh Municipal Government issued
its sixth eviction notice to G78 residents. The community then filed an
injunction request against the eviction notice. While authorities
claimed the land was state property, the government did not provide
documents classifying it as such, and the land did not meet the 2001
land law definition for state public land. On July 17, municipal police
removed 86 families that did not accept the municipal government's
compensation package.
On February 13, the Supreme Court upheld the decisions of the Siem
Reap Provincial Court and appeals court regarding SRP parliamentarian
Son Chhay's 2006 complaint. Son was ordered to sell 7.8 acres of his
land to a government agency for an amount reportedly below the market
price. Son requested a retrial, as he was absent during the Supreme
Court hearing, but no new trial occurred. On December 18, the Siem Reap
Provincial Court issued an order instructing Son Chhay to vacate the
land within 15 days of the receipt of the order.
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 MOI 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 and disinformation
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. In both types of cases,
judges can order fines, which may lead to jail time if not paid.
On April 27, opposition parliamentarian Mu Sochua filed a lawsuit
against Prime Minister Hun Sen for character defamation. The prime
minister filed a countersuit against Mu and her lawyer, stating that
comments Mu made in a press conference and her subsequent efforts to
attract international support defamed him. On June 10, the court
dismissed Mu's suit. On June 22, during a closed-door session, the CPP-
dominated National Assembly voted to lift Mu's parliamentary immunity,
which allowed the prime minister's countersuit against Mu to move
forward. Simultaneously, the Bar Association of the Kingdom of Cambodia
pursued an ethics complaint against Mu's lawyer, which was filed by the
prime minister's lawyer for the same reasons as the defamation lawsuit.
Under pressure of the ethics complaint, Mu's lawyer admitted
wrongdoing, apologized to the prime minister, resigned as Mu's lawyer,
and joined the CPP. The court used the lawyer's admission as evidence
against Mu in her July 24 trial, and on August 4, the court found Mu
liable for defaming the prime minister but dismissed the complaint
against her lawyer in the same verdict, while the bar association
suspended its investigation of the ethics complaint without reaching a
decision. Mu appealed both the dismissal of her original complaint and
her conviction. On October 14, the appeals court upheld the municipal
court decision to dismiss her suit against the prime minister; Mu did
not pursue the case further. On October 28, the appeals court also
denied her appeal of her August 4 liability for defamation. Mu
thereafter appealed the decision to the Supreme Court; at year's end no
trial date had been set.
Government authorities filed several similar lawsuits against
critics. On May 11, Deputy Prime Minister Sok An filed a disinformation
lawsuit against the publisher of pro-opposition newspaper Khmer Machas
Srok (Khmer Owners of the Land), Hang Chakra, for a series of articles
that alleged corruption among the deputy prime minister's advisers and
staff. On June 26, the Phnom Penh Municipal Court convicted Hang Chakra
in absentia, sentencing him to one year in prison and a large fine.
Hang was apprehended the same day in Battambang Province and
imprisoned. On August 11, the appeals court upheld the lower court
verdict. Hang did not appeal to the Supreme Court, and the verdict went
into effect. In September Hang sent a letter of apology to the deputy
prime minister requesting release due to medical complications
experienced as a result of incarceration, but he had received no
response by year's end.
Over a four-day period in June, Phnom Penh municipal authorities
arrested, prosecuted, convicted, and fined Soung Sophorn, a resident of
the Boeung Kak Lake community, on charges of defaming the government.
Soung Sophorn, a member of the SRP's youth wing, had spray-painted
messages on the side of his house protesting the impending eviction of
communities around the lake to make way for a development project owned
by CPP Senator Lao Meng Khin.
On July 7, Dam Sith, editor in chief of the pro-opposition
newspaper Moneaksekar Khmer (Khmer Conscience), received a summons to
appear for court questioning on charges of defamation, disinformation,
and incitement. The charges reportedly related to the content of
several articles published between February and May. Dam Sith, who
served time in pretrial detention in June 2008 on similar charges,
apologized in writing to the prime minister and promised to cease
publication of the newspaper. The lawsuit was dismissed; the newspaper
immediately ceased publication and remained closed at year's end.
In early December the Svay Rieng Provincial Court charged
opposition party leader Sam Rainsy with destruction of public property
and incitement of racial/national hatred in connection with an October
25 incident in which a group of villagers uprooted wooden stakes
demarcating the border with Vietnam. The National Assembly voted to
lift Sam's parliamentary immunity on November 16, and the court
summoned Sam to appear for questioning on December 28; Sam declined to
appear and departed the country in November.
In the April 2008 defamation suit filed in France by Foreign
Minister Hor Namhong against Sam Rainsy, on January 27, the French
court of first instance found Sam and his book publisher guilty of
defamation and disinformation and ordered the defendants to pay a
symbolic one euro ($1.43) to the foreign minister, 5,500 euros ($7,865)
to the French government in legal fees, and the cost of publishing the
verdict in two French newspapers of their choice. Sam Rainsy appealed
the decision; an October 8 appeals court hearing was postponed and had
not been rescheduled at year's end.
All major political parties had reasonable and regular access to
the print media. All major Khmer-language newspapers received financial
support from political parties and were politically aligned. There were
an estimated 20 Khmer-language newspapers published regularly. In prior
years at least four major newspapers supported opposition parties.
However, due in part to defamation lawsuits against pro-opposition
editors, only three pro-opposition newspapers were publishing at year's
end. Although the three largest circulation newspapers 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. In June the MOI
granted a radio broadcast license to Soy Sopheap, the publisher of the
pro-CPP Deum Ampil (Tamarind Tree) daily newspaper, but denied similar
requests by stations that were politically unaffiliated or operated by
opposition parties.
Journalists, publishers, and distributors were also subject to
other forms of harassment and intimidation, including one threat by
gunshot, and most reporters and editors privately admitted to some
self-censorship due to fear of government reprisals.
In January an unnamed military police officer allegedly fired three
shots over the head of a local journalist, Lim Lyheang, for covering a
story on illegally procured timber being transported to Phnom Penh.
Also in January a foreign journalist was assaulted by an off-duty
police officer working as a security guard outside the offices of the
7NG construction firm in Phnom Penh.
The government-controlled national television and radio stations
broadcast live segments of the first trial at the Khmer Rouge Tribunal
(see section 1.e.) 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 some reports of government
restrictions on access to the Internet. In March the Ministry of Post
and Telecommunications banned a series of Web sites with content deemed
``offensive'' by the Ministry of Women's Affairs (MOWA). Some sites
included half-naked Khmer Rouge women, and another featured modern
representations of traditional Khmer dancers dressed like those carved
on the walls at Angkor Wat. The artist maintained the work was
artistic, not pornographic. 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 most recent industry survey, 0.5 percent of the
total population had Internet subscriptions, most of them in Phnom Penh
and Siem Reap. In urban areas Internet access was widely available
through Internet cafes.
Academic Freedom and Cultural Events.--In general there were no
legal impediments to academic freedom. However, scholars tended to be
careful when teaching politically related subjects for fear of
offending politicians.
In February the Ministry of Education removed Sun Thun from his
position as civics teacher at Treal High School in Kampong Thom for
criticizing the prime minister in front of students. Sun Thun stated he
was teaching the textbook lessons on anticorruption and democracy that
are part of the approved curriculum. Some NGOs alleged the decision was
politically motivated, because the deputy schoolmaster and provincial
education officials belonged to the ruling CPP, while Sun was the
provincial president of the Cambodian Independent Teachers' Association
and a member of the opposition SRP. The ministry offered Sun a teaching
position at a different school several miles away. In May Sun was
elected to a provincial council seat and suspended his teaching career
to serve on the council.
On March 10, Tieng Narith was released from prison after serving
his full prison term of two years and six months for teaching from a
self-published text containing antigovernment material.
In contrast with previous years, the government restricted some
cultural events. On January 12, the Council of Ministers banned the
broadcast of ``Where Elephants Weep,'' a rock-opera retelling of a
traditional Khmer story set in the post-Khmer Rouge era, which the
Buddhist Supreme Council of Monks claimed insulted Buddhism. The
artists agreed to modify the production, and after the cast sent a
letter of apology to the Supreme Council of Monks, the Council of
Ministers permitted broadcast of the production. In February Prime
Minister Hun Sen suggested that in the future, all artistic works
featuring Buddhism should seek permission from the Ministry of Cults
and Religion before going public.
On August 2, MOSAVY banned a Norwegian organizer from staging a
beauty contest for women who had lost limbs to land mines. The ministry
stated that the contest ``would make a mockery of Cambodian land mine
victims.'' A local NGO, the Cambodian Disabled People's Organization,
also retracted its support for the contest after receiving ``advice''
from MOSAVY Minister Ith Sam Heng. When the pageant organizer expressed
the desire to proceed with the pageant in an overseas location, the
government forbade the 20 participants to leave the country. The
pageant was held in exile in Norway using photographs of the
contestants; the pageant organizer visited Cambodia in December to
distribute prizes to contestants.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly,
but at times the government did not respect this right in practice. The
government required that a permit be obtained in advance of a march or
demonstration. The government routinely did not issue permits to groups
critical of the ruling party or of nations with which the government
had friendly relations. Authorities cited the need for stability and
public security as reasons for denying permits.
In June the Phnom Penh municipal government twice denied requests
from the Cambodian Center for Human Rights (CCHR) to hold on-site
public forums on human rights and development for residents of the
Boeung Kak Lake community in Phnom Penh, who faced eviction to make way
for a development project. The municipal government claimed that the
forum could jeopardize public safety. The CCHR reported that local
authorities intimidated guesthouse owners who offered to host the
session, threatening the owners with closure if the meetings went
forward. The CCHR did not seek to hold the forums in other public
venues.
Police forcibly dispersed groups that assembled without a permit,
in some instances causing minor injuries to some demonstrators.
On August 4, police attempted to disperse an impromptu protest by
opposition supporters following Mu Sochua's conviction on defamation
charges (see section 2.a.). At various points along the route, police
clashed with marchers, resulting in minor injuries to several
protesters. Two men were also arrested, although police released them a
few hours later without charges.
During the year ADHOC reported 158 protests, most of which were
related to land or labor disputes.
A law on peaceful demonstration was passed by the National Assembly
in October, approved by the Senate on November 17, and signed into law
by the king on December 5. Critics found faults in the law, such as a
provision requiring five days' advance notice for most peaceful
demonstrations or another provision requiring 12 hours' notice for
impromptu gatherings on private property or at the peaceful protest
venue in each province, and limiting such gatherings to 200 persons. It
remained for implementing decrees to clarify concepts of national
security and public disorder that would be used by authorities to allow
or prevent demonstrations. A street march and rally in support of Human
Rights Day on December 10 showed the law could effectively support
public demonstrations.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice; however, the government did not effectively enforce the
freedom of association provisions of the labor law.
Membership in the Khmer Rouge, which ruled the country from 1975 to
1979 and after its overthrow conducted an armed insurgency against the
government, is illegal, as is membership in any armed group.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice. The constitution also prohibits discrimination based on
religion, and minority religions experienced little or no official
discrimination. Buddhism is the state religion, and more than 93
percent of the population is Buddhist. Ethnic Cham Muslims constitute
most of the remaining population.
The law requires all religious groups, including Buddhists, to
submit applications to the Ministry of Cults and Religious Affairs to
construct places of worship and conduct religious activities. However,
there is no penalty for failing to register. A 2007 Ministry of Cults
and Religious Affairs directive restating a 2003 order prohibiting
public proselytizing continued to be loosely enforced.
Societal Abuses and Discrimination.--Minority religions experienced
little or no societal discrimination. There was no known Jewish
community in the country, and there were no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 Annual Report on
International Religious Freedom at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. 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 Office of 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 is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
Its laws provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. On December 17, the government issued a subdecree giving
practical effect to its assumption of sole responsibility for the
refugee status determination process, taking final control of what had
been a jointly managed process with the UNHCR since June 2008. The
UNHCR provided training and other technical assistance to facilitate
the transfer of responsibility, and for most of the year 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 nine Montagnard and 55 other new arrivals sought asylum
in the country. According to the UNHCR, 40 Montagnard and eight other
refugees departed for a third country, while authorities deported 116
rejected Montagnard asylum seekers to Vietnam, and five Montagnards
voluntarily returned to their country of origin. Two of the three
protection sites closed during the year, and there were 83 Montagnards
in the remaining UNHCR protection site in Phnom Penh. The Montagnard
protection site 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. However,
on December 19, the government forcibly deported to China a group of 20
ethnic Uighur asylum seekers. One Uighur arrived legally in May; the
remaining members were smuggled into the country in October and
November. All requested political asylum, registering as persons of
concern with the UNHCR and the government. On December 18, police
entered a UNHCR safe house, detained the 20 Uighurs, and transported
them to a municipal detention center. After approximately 27 hours,
they were placed on a chartered jet that arrived from China and were
transported back to China. At the time of the deportation, all of the
Uighurs were awaiting adjudication of their asylum claims through the
refugee status determination process, although neither the UNHCR nor
the government had initiated the joint adjudication process at the time
of the deportation. The government claimed the Uighurs were in
violation of immigration laws and therefore subject to deportation. The
deportation coincided with a state visit by the vice president of China
and bilateral aid agreements totaling $1.2 billion in assistance for
Cambodia.
With the exceptions of the Montagnard and Uighur cases, there were
no reported cases of government abuse, restriction of movement, or
mistreatment of refugees or asylum seekers.
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 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. The most common reason for statelessness was lack of
proper documents from the country of origin.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens generally exercised this right in
practice through periodic elections on the basis of universal suffrage.
Suffrage is voluntary for all citizens age 18 years and older.
Elections and Political Participation.--The most recent national
elections, held in July 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.
On May 15, 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. In June the Norodom Ranariddh Party
officially became the Nationalist Party, following Prince Ranariddh's
withdrawal from politics.
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 indirect provincial and district
council elections. There were 27 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 advisors, and there were 23 female judges in the
municipal and provincial courts, appeals court, and Supreme Court.
Although there were no female governors, the government appointed women
as deputy governors in all but one of 23 provinces and 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. There
is no dedicated anticorruption law.
Corruption was considered endemic and extended throughout all
segments of society, including the executive, legislative, and judicial
branches of government. 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 June a justice ministry official was charged
with accepting bribes. In September the Ministry of Justice
investigated a provincial court judge in Ratanakiri for several alleged
incidents of corruption, including personal use of a vehicle seized as
evidence in a case, but the investigation concluded there was no
wrongdoing. Public officials are not subject to financial disclosure
laws.
At year's end the Council of Ministers approved a draft
anticorruption law and was preparing to send it to the National
Assembly for review and passage. Donors and potential investors
continued to express concern about the lack of an anticorruption law
and the urgent need to pass such legislation. Civil society
organizations continued to await a response to their May 2008 petition
to the National Assembly calling for the passage of an anticorruption
law compliant with international standards. The petition contained
signatures and thumbprints of more than 1.1 million persons of voting
age.
Legislation does not contain provisions offering protection to
persons who expose corruption in an organization. An independent
anticorruption body does not exist. The Council of Ministers'
Anticorruption Unit is charged with developing anticorruption measures
and presenting proposals to the government. The Ministry of National
Assembly-Senate Relations and Inspections is mandated to investigate
allegations of corruption. The National Audit Authority has the
authority to audit ministries, institutions, and other entities.
The National Archives Law allows unlimited access to informational
documents in the public archive. However, the law grants access to
other unspecified government documents only after 20 years, and
documents affecting national security and preservation of personal
lives 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.
In July the Ratanakiri Provincial Court summoned two ADHOC
representatives for questioning regarding a complaint that they were
inciting villagers in a dispute over a company's economic land
concession. On August 4, the court agreed to a delay questioning to
allow time for the defendants' attorney to review the case. ADHOC
removed its two employees from Ratanakiri and reassigned them to
different provinces after the investigating judge in the case, Thor
Saron, publicly suggested that if the employees left the province, no
charges would be brought against them. At year's end one ADHOC employee
remained in Phnom Penh, and the other had returned to Ratanakiri.
Also in July the Banteay Meanchey Provincial Court charged three
employees of local NGO Independent Democracy of Informal Economic
Association and one SRP commune councilor with incitement and placed
them in pretrial detention. The four were among a larger group of 30
individuals arrested on incitement and other charges stemming from a
protest in a Poipet land dispute. At year's end all the arrested had
been released on bail and were awaiting trial, although no date had
been set.
The government cooperated with international governmental bodies
and permitted visits by UN representatives. In June UN Special
Rapporteur for Human Rights in Cambodia Surya Subedi visited the
country. The prime minister and other senior government officials met
with Subedi, in contrast with their shunning requests by previous
representatives for meetings.
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 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 ECCC, which was jointly
administered 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 responsibility to
apprehend and hand over to the tribunal all individuals indicted by the
ECCC. There were no tribunal decisions rendered against the accused
during the year.
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 could be prosecuted as
``rape,'' ``causing injury,'' or ``indecent assault'' under the UNTAC
law. Under the 2005 domestic violence law, spousal rape may fall within
the definition of domestic violence that includes ``sexual
aggression.'' 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 431 cases of rape and 497 cases of
domestic violence reported as of November; courts tried 71 of these
cases. A different NGO documented 127 cases of domestic violence
affecting 131 victims in 14 provinces as of September. During the year
the MOI's antitrafficking department investigated 355 cases of violence
against women and children, resulting in the arrest of 394 perpetrators
and rescue of 469 victims. Of the 355 cases, 249 were for rape and
attempted rape. The MOI 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.
A 19-year-old woman reportedly was raped in November by one police
officer while another held her down. Police officials insisted that the
perpetrators were sent to court for prosecution and that the court
granted bail; court officials insisted that they received a file on the
case, but not custody of the perpetrators, and that police released the
perpetrators. The victim vanished after allegedly being paid one
million riels (approximately $250) in compensation. Prosecution stalled
and the perpetrators remained free at year's end. The MOI did not
respond to requests for clarification by members of the National
Assembly.
In February the Council of Ministers approved a three-year plan to
prevent violence against women. There was a launch event organized by
the MOWA, the main entity charged with implementing the plan.
Approximately 2,000 books containing the three-year plan were published
and distributed to all 24 MOWA provincial offices, all other
ministries, and some NGOs.
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 MOWA produced programming on women's
matters. NGOs provided shelters for women in crisis.
The constitution prohibits prostitution; however, there is no
specific legislation against working in prostitution. Trafficking in
women for the purpose of prostitution was a serious problem, despite
laws against procuring and kidnapping for purposes of sexual
exploitation. There were reports that police sexually abused detained
women suspected of prostitution and allowed newspapers to take
photographs of them even though they were not charged with a crime.
Despite increased crackdowns on brothel operators in Phnom Penh,
prostitution and related trafficking persisted. The National Center for
HIV/AIDS, Dermatology, and STDs reported there were approximately 3,000
women working as direct prostitutes and nearly 31,200 as indirect
prostitutes through entertainment work. Some NGOs and club owners
reported an increase in the number of women seeking employment in both
direct prostitution and indirect sex services such as massage parlors
and karaoke bars. Sex tourism was a problem, fueled by pervasive
poverty and the perception of impunity.
The labor law has provisions against sexual harassment in the
workplace but does not specify penalties.
Couples and individuals could decide the number, spacing, and
timing of children, and they had the information and means to do so
free from discrimination. Women had access to contraception as well as
skilled attendance at delivery and in postpartum care, but access was
often limited due to income and geographic barriers. 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
largely were excluded from management positions. Men made up the vast
majority of the military, police, and civil service.
The MOWA, 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. Twenty-
two percent of teachers at the 37 vocational training centers managed
by the government were female, an increase from 13 percent in 2005.
Sixteen government ministries instituted gender mainstreaming action
plans with support from the UN Development Program and in close
collaboration with the MOWA. The government's National Strategic
Development Plan 2006-10 committed to ensuring that women as a share in
wage employment would increase by 50 percent in agricultural and
industrial sectors, and by 37 percent in the service sector.
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 MOI 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 as a result of the Khmer Rouge/
Vietnam 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; a local NGO reported
351 cases of rape and attempted rape committed on persons under age 18.
Eighteen of the cases involved children below age five, 144 involved
children ages five to 10, and 189 involved children ages 10 to 18.
Sexual intercourse with a person under age 15 is illegal; however,
child prostitution and trafficking in children occurred. During the
year raids on brothels rescued underage girls trafficked for
prostitution. The MOI reported arrests of 31 foreign pedophiles during
the year. Some children engaged in prostitution for survival without
third-party involvement.
In May the prison director for Preah Sihanouk Province allowed
convicted Russian pedophile Alexander Trofimov, who was serving an 18-
year sentence for child sexual abuse, to leave prison for a day to
visit various investment projects. Government officials issued a
warning to the prison director for this breach in regulations but took
no further action until media reports uncovered the story. MOI
authorities then investigated the incident, and the prison director was
demoted and moved to an administrative job in Phnom Penh. On June 22,
authorities charged a senior justice ministry official for accepting
large bribes in exchange for attempting to engineer the release of
Trofimov on the pretense of extradition to Russia. The official
reportedly counterfeited false extradition papers and forged the
signatures of the justice minister and prime minister on the documents.
At year's end the case was pending before the courts.
The government offered limited services to street children at a
rehabilitation center, but the services were inadequate. 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 17,000
children worked on the streets but returned to families in the
evenings. An estimated 500 to 1,000 children lived with their families
on the streets in Phnom Penh.
The MOI reported at least 44 children under the age of six
reportedly were living with their mothers in prison. A local NGO
reported 40 such children 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.
Child labor was a problem in the informal sector of the economy.
Trafficking in Persons.--The government continued efforts to
implement its 2008 Law on Suppression of Human Trafficking and Sexual
Exploitation, which criminalizes all forms of trafficking. However, the
country remained a source, destination, and transit country for men,
women, and children trafficked for sexual exploitation and labor.
Children were trafficked domestically for sexual exploitation and
labor. Some Vietnamese women and girls were trafficked through the
country for exploitation in the commercial sex trade in other Asian
countries.
Children were trafficked to Thailand and Vietnam for begging,
soliciting, street vending, and flower selling. The children frequently
were placed into debt bondage to beg or sell, or they formed part of
organized begging rings. Women as well as children were trafficked to
Malaysia and Thailand for sexual exploitation and forced labor in
factories or as domestic servants, while men were trafficked for forced
labor in the agriculture, fishing, and construction sectors. The
country is a destination for foreign child-sex tourists, and there were
increasing reports that Asian men travelled to the country to have sex
with underage virgin girls.
Trafficking victims, especially those trafficked for sexual
exploitation, faced the risk of contracting sexually transmitted
diseases, including HIV/AIDS. In some cases victims were detained and
physically and mentally abused by traffickers, brothel owners, and
clients.
Local traffickers covered specific small geographic areas and acted
as middlemen for larger trafficking networks. Organized crime groups,
employment agencies, and marriage brokers were believed to have some
degree of involvement. Traffickers used a variety of methods to acquire
victims. In many cases victims were lured by promises of legitimate
employment or travel documents. In other cases acquaintances, friends,
and family members sold the victims or received payment for helping
deceive them. Young children, the majority of them girls, were often
pledged as collateral for loans by desperately poor parents; the
children were responsible for repaying the loan and the accumulating
interest. A 2007 report by the International Organization for Migration
stated that child domestic workers, particularly those used as
collateral or placed into debt bondage, were more likely to be
trafficked and to enter commercial sexually exploitive activities.
The law establishes a prison sentence of 15 to 20 years for a
person convicted of selling, buying, or exchanging a person under 18
years of age; the penalty is seven to 15 years in prison for
trafficking persons 18 or older. According to the Cambodian National
Police Antihuman Trafficking and Juvenile Protection Department, police
investigated 38 cases of trafficking in persons during the year. The
investigations resulted in the arrest of 63 offenders. However, NGOs
continued to report the limited ability and inadequate resources of law
enforcement and other government officials to act on trafficking tip-
offs.
The Ministries of Interior, Women's Affairs, and Justice had
primary responsibility to combat trafficking in persons. The government
merged its national task force with a high-level oversight body to
create a single national committee, an interministerial antitrafficking
coordination body. There was a Department of Antihuman Trafficking and
Juvenile Protection within the Cambodian National Police, and the MOI
operated specialized antitrafficking divisions in all provinces and
municipalities. While the government arrested and prosecuted
traffickers and continued its support for prevention and protection
programs through collaboration with foreign and domestic NGOs and
international organizations, its antitrafficking efforts continued to
be hampered by corruption and a weak judicial system. Certain observers
of trafficking in persons in the country believed that some law
enforcement, court officials, and other government officials received
bribes that facilitated the sex trade and trafficking in persons.
In March the Supreme Court upheld the August 2008 appeals court
decision reducing the sentence of Belgian pedophile Philippe Dessart
from 18 years to three years in prison under the new antitrafficking
law, although Dessart committed his child abuse crimes in 2006.
According to an NGO, Dessart compensated the victim, and the victim
thereafter dismissed the NGO lawyers. In April Dessart was released
after completing the three-year sentence, and he subsequently moved
into the home of his victim and married the victim's mother. Several
NGOs petitioned the government to expel Dessart from the country, which
the law allows in cases of convicted felons. On September 23, the
government confirmed that it had deported Dessart the previous week.
The MOI reported two convictions on human-trafficking charges. An
unconfirmed Phnom Penh Municipal Court report stated there were 10
convictions of human-trafficking offenders during the year. Police,
court officials, and judges often did not separate victims from
perpetrators during raids, arrests, and trials. In some cases officials
mistreated victims.
In September MOSAVY approved both a policy on protecting the rights
of trafficking victims and a set of national minimum standards for the
care of such victims. NGOs continued to provide most of the assistance
to victims. The government participated as a willing partner in a
number of these efforts; however, its contributions were severely
hampered by limited resources. NGOs provided intake screening services
to identify trafficking victims. Some victims were encouraged by NGOs
and the MOI to file complaints against perpetrators; however, victim
protection was a problem, and some victims were known to be intimidated
into abandoning their cases. Social stigma against women who were
prostitutes, victims of sexual assault, or victims of sex trafficking
made it difficult for victims to reintegrate into families,
communities, and society.
The antitrafficking law contains no provisions to protect foreign
victims from being charged under immigration laws, but during the year
there were no reported cases of trafficking victims being treated as
illegal immigrants. MOSAVY, often working with the International
Organization for Migration, repatriated from Thailand, Vietnam, and
Malaysia 992 child and adult victims, as well as others vulnerable to
becoming victims, and reintegrated them with their families.
Both the government and international donors had programs to
prevent child labor or remove children from labor. The country is a
signatory to the Coordinated Mekong Ministerial Initiative against
Trafficking, whose activities include ensuring the legal, social, and
community protection of victims of trafficking; strengthening law
enforcement capacity to combat trafficking; and building a
comprehensive response involving all relevant ministries. Several
ministries, including the MOWA and the Ministry of Tourism, had
antitrafficking initiatives to reduce child labor. Donors supported
programs to combat child labor implemented by the ILO and World
Education, among others.
MOSAVY worked with the UN Children's Fund and local NGOs to manage
community-based networks aimed at preventing trafficking.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--On May 29, the National Assembly passed
the Law on the Protection and Promotion of the Rights of Persons with
Disabilities. The new law prohibits discrimination, neglect,
exploitation, or abandonment of persons with disabilities. It includes
persons with mental illnesses in the definition of persons with
disabilities and requires that buildings and government services be
accessible to persons with disabilities. At year's end MOSAVY was
drafting subdecrees to support the law, which the king promulgated in
July.
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 in December
that it had recorded 14 land disputes involving minority groups during
the year, an increase from seven in 2008.
The Khao Chuly Group continued to clear land in Pech Chreada
District, Mondulkiri Province, for a rubber plantation, doing so before
the Ministry of Agriculture, Forestry, and Fisheries approved the
economic land concession for the plantation. Ethnic Phnong villagers
claimed to own part of the land and demanded that the company leave or
pay compensation. The Khao Chuly Group's partner company, foreign
rubber conglomerate Socfin, took managerial control of the plantation,
and at year's end it was reportedly conducting an environmental and
social impact assessment of the project. An NGO found that the project
led to the loss of traditional agricultural land, water supplies, and
spirit forests and restricted access to schools.
There were no developments in the April 2008 land case affecting
members of the indigenous community of Kak Village in Ta Lav Commune,
Andoung Meas District, Ratanakiri. NGOs stated that the government
granted a 17,000-acre economic land concession covering the disputed
land to the company for a rubber plantation in 2006. NGOs reported that
much of the area in the concession may be eligible for registration as
indigenous community land under the 2001 law. The affected community
members were not aware of the concession until the land was cleared.
In the May 2008 case in Ratanakkiri Province where the provincial
governor reportedly granted a lease that included indigenous lands
without consulting the indigenous communities, the BVB Investment
Company and members of one of the affected communities, Yeak Laom
Commune, reached a mutual agreement for use of the lands in August
2008. The agreement allowed the villagers to continue farming cleared
land while preserving forest land in the 1,250-acre site for tourism
development. Villagers in the second community, Pachon, continued to
report encroachment on the part of the BVB Investment Company and Yeak
Laom Commune.
There were no developments in the 2007 cases of a Ratanakiri
provincial official preventing Tampoun indigenous villagers from
burying their dead on land that had served as their traditional burial
ground since 1979, or of the Ratanakiri Jarai indigenous families
demanding the removal of local officials allegedly involved in the
fraudulent sale of more than 3,000 acres of their communal land.
Societal Abuses, Discrimination, and Act 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. The LGBT community
was visible and active in urban areas, particularly Phnom Penh and Siem
Reap. There were a few NGOs dedicated to serving the needs of LGBT
persons, primarily focused on delivery of health care. In May several
local businesses and NGOs hosted the Fifth Annual Phnom Penh Pride
festival, a week-long series of events that highlighted the LGBT
community.
There were no reports of 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 1997 labor law permits private-
sector workers to form and join trade unions of their own choice
without prior authorization. Despite some improvement, enforcement of
the labor 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. While the law applies to foreign workers, it does not
apply to civil servants, including teachers, judges, and military
personnel, or to workers in the informal sector. Personnel in the air
and maritime transportation industries are not entitled to the full
protections of the law but are free to form unions.
Less than 3.5 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 70 to 80 percent of the
estimated 278,400 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 1,600
registered factory-level unions and 48 union federations and
associations, the majority of which were aligned with the government,
and five of which were independent.
The Cambodia Independent Teachers Association (CITA), registered as
an ``association'' due to prohibitions on public sector unions,
represented 9,263 of the country's 98,690 teachers. CITA's requests for
marches and other protests were sometimes denied, although the union
reported no direct government interference in day-to-day activities.
Another public sector association, the Cambodian Independent Civil
Servants' Association (CICA), represented approximately 1,129 officials
from ministries, provincial departments, and commune councils, out of
approximately 184,000 civil servants nationwide.
Some CITA members feared that affiliation with the teachers
association could hamper their chance of career advancement. CICA
leaders alleged that fears of harassment or demotion prevented other
civil servants from joining.
There were no developments in the 2007 killing of local union
leader Hy Vuthy. The investigation remained open at year's end.
On February 18, the appeals court upheld the 2005 conviction of
Thach Saveth for the killing of union leader Ros Sovannareth in 2004.
Thach Saveth appealed to the Supreme Court (see section 1.e.).
On August 17, the appeals court ruled to reinvestigate the case of
the 2004 killing of labor union leader Chea Vichea. In December 2008
the Supreme Court provisionally released the two suspects convicted of
the crime (see section 1.e.).
The labor law provides for the right to strike and protects
strikers from reprisal. The law stipulates that strikes can be held
only after several requirements have been met, including the failure of
other methods of dispute resolution (such as negotiation, conciliation,
or arbitration), a secret-ballot vote of union membership, and a seven-
day advance notice to the employer and the Ministry of Labor and
Vocational Training (MOLVT). There is no law prohibiting strikes by
civil servants, workers in public sectors, or workers in essential
services.
The MOLVT reported that 40 strikes occurred in the Phnom Penh area
during the year. The Garment Manufacturers Association of Cambodia
reported 57 strikes nationwide. International observers, employers, and
many union leaders agreed that almost no strikes fulfilled all
prestrike legal requirements. Although some unions complained of a lack
of MOLVT involvement, the MOLVT resolved approximately 50 percent of
the disputes.
The government allowed most strikes held at factories but denied
worker requests to hold protest marches outside of the factory area.
Police intervention in strikes generally was minimal and restrained,
even in those cases where property damage occurred.
On January 22, two workers were injured during a strike staged by
more than 3,000 workers of the Yung Wah factory in Kandal Province. The
protest took place after the factory management told the workers that
they would not receive the traditional 200,500 riel bonus
(approximately $50) for the Lunar New Year. A Kandal police deputy
chief claimed that his officers used minimal force to subdue the
protesters.
On February 9, approximately 450 workers from Van Lida factory in
Phnom Penh staged a strike and appropriated equipment after learning
that the foreign owner had left the country without paying salaries.
On May 20, more than 1,000 workers from the Sangwoo factory in
Kampong Speu Province clashed with police during a strike over working
conditions. On May 21, strikers and policemen threw stones at each
other, and shots were fired. There were no serious injuries.
In spite of legal provisions protecting strikers from reprisals,
there were credible reports that workers were dismissed on spurious
grounds after organizing or participating in strikes. While most
strikes were illegal, participating in an illegal strike was not by
itself a legally acceptable reason for dismissal. In some cases
employers pressured strikers to accept compensation and leave their
employment. There are potential remedies for such dismissals, although
none was particularly effective. The MOLVT can issue reinstatement
orders, but these often provoked management efforts to pressure workers
into resigning in exchange for a settlement. Collective disputes, such
as when multiple employees are dismissed, can be brought before the
Arbitration Council for a decision. Parties can choose if decisions are
binding or nonbinding; if neither party objects to the arbitral award
within eight days of its being issued, it automatically becomes
binding. Individual disputes can be brought before the courts, although
the judicial system was neither impartial nor transparent. Some unions
urged the government to expand the role of the Arbitration Council to
include individual and collective interest disputes and to make its
decisions binding.
On May 1, the Cambodian Confederation of Unions together with the
Cambodian Labor Confederation led a march to appeal for the creation of
an independent and impartial labor court as stipulated in the 1997
labor law.
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 131 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 labor 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'' (MRS) for unions, which entitles a union
representing an absolute majority of workers in a given enterprise to
represent all of the workers in that establishment. The government
began reexamining its MRS certification process with support from
international organizations and a diplomatic mission. In April 2008
authorities issued a new MRS notification detailing the procedures for
applying, objecting to, and holding of elections. This resulted in a
marked improvement in MRS procedures, as evidenced by the 400 percent
increase in certifications.
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. During the year approximately 30 union leaders were
dismissed or suspended without cause. Prominent independent and
opposition union leaders reported receiving veiled threats of violence.
Two union leaders affiliated with the Free Trade Union of Workers in
the Kingdom of Cambodia were injured by factory security guards, one
was hurt by two unidentified men, and two others were threatened. Both
independent and progovernment union leaders were injured by
unidentified assailants. In four cases, 25 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. At other
times the government upheld labor rights. For example, during the year
the MOLVT formally warned 691 companies of legal violations. The MOLVT
sent 87 cases of unresolved labor disputes to the Arbitration Council.
The Arbitration Council received 178 cases from across the country (up
from 159 complaints in 2008), of which approximately 65 percent were
successfully resolved.
Unions continued to gain strength, but many were not able to
represent member interests adequately due to insufficient resources,
training, and experience. In addition, corruption plagued the ranks of
unions, employers, and government officials, hampering legitimate
industrial relations. Violence, harassment, and intimidation between
rival unions were common. Union leaders from across the political
spectrum complained that the progovernment Khmer Youth Federation of
Trade Unions habitually threatened and harassed workers from other
unions.
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.
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, almost exclusively in the informal sector. There were reports
of forced labor by domestic servants.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace; however,
enforcement was often weak. The law establishes 15 years as the minimum
age for employment and 18 years as the minimum age for hazardous work.
The law permits children between 12 and 15 to engage in ``light work''
that is not hazardous to their health and does not affect school
attendance. The National Plan of Action on the Worst Forms of Child
Labor (2008-12) aimed to reduce the number of working children ages 5-
17 to 10.6 percent in 2010 and 8 percent by 2015.
Child labor was widespread in agriculture, brick making, fishing,
the commercial sex industry, domestic service and on tobacco and rubber
plantations. Child labor was also reported in the formal sector but to
a much lesser extent. According to a 2006 study conducted by the World
Bank and others, more than 750,000 economically active children were
below the absolute minimum working age of 12, and an additional 500,000
children (12 to 14 years old) conducting nonlight economic activity
were below the minimum age for this type of work. 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. In October police arrested Meas Nary, a high-school teacher,
and her husband Va Saroeun, a former government official, for the
severe mistreatment of their ward, an 11-year-old girl, whom they used
as a domestic servant. The child told investigators she had been forced
to do housework for years and was repeatedly abused by the couple,
including punishments with pincers, beatings with whips and electrical
wires, and burns.
No aspect of the law prohibiting child labor was adequately
enforced in the formal employment sector. No employer was prosecuted
for violating laws against child labor. The MOLVT has responsibility
for child labor matters in both the formal and informal sectors of the
economy, but its labor inspectors played no role in the informal sector
or in enforcing the law in illegal industries, such as unregistered
garment factories operating without a license from the MOLVT and the
Ministry of Commerce. Within the formal sector, labor inspectors
conducted routine inspections of some industries, such as garment
manufacturing (where the incidence of child labor is negligible), but
in some industries with the highest child labor risk, labor inspections
were entirely complaint driven.
The constitution prohibits forced or bonded child labor; however,
forced child labor was a serious problem in the commercial sex
industry, particularly among those ages 15 to 18. Law enforcement
agencies failed to combat child prostitution in a sustained, consistent
manner. Widespread corruption, lack of transparency, inadequate
resources, and staffing shortages remained the most challenging
obstacles.
e. Acceptable Conditions of Work.--The law requires the MOLVT to
establish a garment-sector minimum wage based on recommendations from
the Labor Advisory Committee. There was no minimum wage for any other
industry. Garment-sector workers were guaranteed a minimum wage
equivalent to $50 per month, plus a minimum $6 living allowance.
Prevailing monthly wages in the garment sector and many other
professions were insufficient to provide a worker and family with a
decent standard of living, although garment-sector wages were generally
higher than wages in the informal economy. The vast majority of
employers in garment factories paid the minimum wage to permanent
workers, although temporary and other such workers were often paid
less.
The law provides for a standard legal workweek of 48 hours, not to
exceed eight hours per day. The law establishes a 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 691
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 complain
about unsafe or unhealthy conditions. Workers have the right to remove
themselves from situations that endangered health or safety without
jeopardy to their employment, but those who did so possibly risked loss
of employment.
On October 12, 414 garment workers at a Will Bes garment factory
fainted and were sent to a hospital for treatment. Workers said strong
chemicals used at the factory caused them to faint. After the incident,
the factory was ordered to shut down for cleaning.
__________
CHINA (Includes Tibet, Hong Kong, and Macau)
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 source
of power. Party members hold almost all top government, police, and
military positions. Ultimate authority rests with the 25-member
political bureau (Politburo) of the CCP and its nine-member standing
committee. Hu Jintao holds the three most powerful positions as CCP
general secretary, president, and chairman of the Central Military
Commission. Civilian authorities generally maintained effective control
of the security forces.
The government's human rights record remained poor and worsened in
some areas. During the year the government increased the severe
cultural and religious repression of ethnic minorities in the Xinjiang
Uighur Autonomous Region (XUAR).Tibetan areas remained under tight
government controls. The detention and harassment of human rights
activists increased, and public interest lawyers and law firms that
took on cases deemed sensitive by the government faced harassment,
disbarment and closure. The government limited freedom of speech and
controlled the Internet and Internet access. Abuses peaked around high-
profile events, such as the 20th anniversary of the Tiananmen Square
uprising, the 50th anniversary of the Tibetan uprising, and the 60th
anniversary of the founding of the People's Republic of China.
As in previous years, citizens did not have the right to change
their government. Other serious human rights abuses included
extrajudicial killings, executions without due process, torture and
coerced confessions of prisoners, and the use of forced labor,
including prison labor. The government continued to monitor, harass,
detain, arrest, and imprison journalists, writers, dissidents,
activists, petitioners, and defense lawyers and their families, many of
whom sought to exercise their rights under the law. A lack of due
process and restrictions on lawyers, particularly human rights and
public interest lawyers, had serious consequences for defendants who
were imprisoned or executed following proceedings that fell short of
international standards. The party and state exercised strict political
control of courts and judges, conducted closed trials, and continued
the use of administrative detention. Prolonged illegal detentions at
unofficial holding facilities, known as black jails, were widespread.
Individuals and groups, especially those deemed politically
sensitive by the government, continued to face tight restrictions on
their freedom to assemble, practice religion, and travel. The
government failed to protect refugees and asylum-seekers adequately,
and the detention and forced repatriation of North Koreans continued.
The government increased pressure on other countries to repatriate
citizens back to China, including citizens who were being processed by
UNHCR as political refugees. Nongovernmental organizations (NGOs), both
local and international, continued to face intense scrutiny and
restrictions. The government failed to address serious social
conditions that affected human rights, including endemic corruption,
trafficking in persons, and discrimination against women, minorities,
and persons with disabilities. The government continued its coercive
birth limitation policy, in some cases resulting in forced abortion or
forced sterilization. Workers cannot choose an independent union to
represent them in the workplace, and the law does not protect workers'
right to strike.
In April the government unveiled its first National Human Rights
Action Plan. The 54-page document outlined human rights goals to be
achieved over the next two years and addressed issues such as
prisoners' rights and the role of religion in society. However, the
plan has not yet been implemented.
On July 5, riots broke out in Urumqi, the provincial capital of
Xinjiang, after police used force to break up a demonstration
reportedly composed mostly of Uighur university students who protested
the killing of Uighur migrant workers by Han co-workers in Guangdong
Province. Violence erupted leaving approximately 200 people dead and
1,700 injured. According to official sources, most of the dead were Han
Chinese. On July 7 and September 4, groups of Han Chinese engaged in
retaliatory violence, resulting in more deaths. At year's end Urumqi
remained under a heavy police presence and most Internet and
international phone communication remained cut off.
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 January Lin Guoqiang died suddenly while in custody at the
Fuqing Detention Center in Fujian Province. His family claimed that his
body was swollen and covered with bruises. At year's end there was no
official investigation into the case.
On February 8, Li Qiaoming was reportedly beaten to death in a
detention center in Jinning County, Yunnan Province. Prison officials
initially claimed he died after accidentally running into a wall during
a game of ``hide and seek.'' However, Li's father, who viewed the
corpse, reported Li's head was swollen and his body covered with purple
abrasions. Following Li's death, public security officials launched a
campaign to eliminate ``unnatural deaths'' in prisons. An investigation
determined three inmates were responsible for the death. The inmates,
along with two prison guards, were sentenced to prison.
In March Li Wenyan died while in custody in Jiujiang, Jiangxi
Province. The Xinhua official press quoted a senior prison official as
stating that Li died while having a ``nightmare.'' Official press
reports also stated that an autopsy performed by the Jiangxi Provincial
Public Security Department in May showed that Li died of various
diseases, including an ulcer, an abscess, and heart disease, none of
which were discovered until after his death. The same press report
stated that an injury on the body was caused by electric shock
administered during resuscitation attempts.
Also in March Radio Free Asia (RFA) reported that a Tibetan monk,
Phuntsok Rabten, was beaten to death by police in Sichuan Province
after urging Tibetans to boycott farming to protest a massive security
clampdown.
In April the Supreme People's Procuratorate (SPP) disclosed that at
least 15 prisoners died in ``unnatural deaths'' under unusual
circumstances during the year. 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.
According to official media reports, 197 persons died and 1,700
were injured during the July 5 rioting in Urumqi. A second wave of
riots, on a smaller scale, occurred on July 7. On September 25, charges
were brought against 21 of the more than 200 persons facing prosecution
in connection with the riots. On November 9, eight Uighurs and one Han
were executed without due process for crimes committed during July
riots. At year's end 22 persons had been sentenced to death; five
others reportedly received suspended death sentences. Of these, one was
reported to be ethnically Han Chinese and the rest were Uighurs.
According to RFA reports, police detained Uighur Shohret Tursun in
Urumqi during the July 5 riots. In September police returned his
disfigured body to family members and ordered them to bury him; the
family refused to do so without an explanation of his death from the
police. On September 20, the police surrounded the family home and
forced the family to bury the body without an autopsy.
During the reporting period no new information became available
regarding the deaths of Falun Gong practitioner Yu Zhou, who was
arrested in Beijing in January 2008 and died in February 2008; Tibetan
protester Paltsal Kyab, detained in April 2008 in Sichuan Province and
who died in police custody in May 2008; or a motorcyclist surnamed
Ouyang, who died in July 2008 and was allegedly killed by security
guards in Guangdong Province.
During the year no new information was available regarding a 2007
incident in which 18 persons were killed and 17 were arrested during a
raid at a location in the XUAR that officials called a terrorist
training camp.
Defendants in criminal proceedings were executed following
convictions that sometimes took place under circumstances involving
severe lack of due process and inadequate channels for appeal.
b. Disappearance.--On February 4, authorities detained human rights
lawyer Gao Zhisheng, who had represented Chinese Christians and Falun
Gong practitioners. At year's end his whereabouts remained unconfirmed,
although according to NGO reports, in August he reportedly was seen in
his hometown under heavy police escort. Before his arrest Gao published
a letter detailing his torture during a previous period of detention.
On March 30, underground Catholic bishop Julius Jia Zhiguo of
Zhengding, Hebei Province, was arrested; at year's end his whereabouts
were unknown. The whereabouts of underground Catholic priests Zhang Li
and Zhang Jianlin, from near Zhangjiakou city in Hebei Province, whom
authorities detained in May 2008, and Wu Qinjing, the bishop of
Zhouzhi, Shaanxi Province, who was detained in 2007, also remained
unknown.
In an October report, the NGO Human Rights Watch documented the
disappearances of hundreds of Uighur men and boys following the July
protests in Urumqi.
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 Dui Hua Foundation estimated that
approximately 20 individuals continued to serve sentences for offenses
committed during the demonstration.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits the physical abuse of detainees and
forbids prison guards from extracting confessions by torture, insulting
prisoners' dignity, and beating or encouraging others to beat
prisoners. However, during the year there were reports that officials
used electric shocks, beatings, shackles, and other forms of abuse.
According to a November Human Rights Watch report, on March 6, An
Weifeng was released on bail from Bancheng prison in Chengde City,
Henan Province, for medical treatment. His father claimed that An
Weifeng's body was swollen and scarred as a result of beatings and the
administration of electric shocks.
In 2007, 30 farmers from Chengdu, Sichuan Province, who traveled to
Beijing seeking resolution of a land dispute were abducted and taken to
a military base, where they were tortured, threatened, and starved. One
of them allegedly attempted suicide, ``because (the guards) didn't
allow me to sleep or eat in order to force me to write self-
criticisms.'' According to the same report, a 15-year-old girl who
traveled to Beijing to get help for her disabled father was kidnapped
and taken back to Gansu Province, where she was beaten and held
incommunicado for nearly two months. There were no new developments in
this case during the year.
In November 2008 the UN Committee Against Torture (UNCAT) stated
its deep concern about the routine and widespread use of torture and
mistreatment of suspects in police custody, especially to extract
confessions or information used in criminal proceedings. However, UNCAT
acknowledged government efforts to address the practice of torture and
related problems in the criminal justice system. Many alleged acts of
torture occurred in pretrial criminal detention centers or Reeducation
Through Labor (RTL) centers. Sexual and physical abuse and extortion
occurred in some detention centers.
According to China News Weekly, the country had 22 ``ankang''
institutions (high-security psychiatric hospitals for the criminally
insane) directly administered by the Ministry of Public Security (MPS).
Political activists, underground religious believers, persons who
repeatedly petitioned the government, members of the banned Chinese
Democracy Party (CDP), and Falun Gong adherents were among those housed
with mentally ill patients in these institutions. The regulations for
committing a person to an ankang facility were not clear, and detainees
had no mechanism for objecting to public security officials'
determinations of mental illness. Patients in these hospitals
reportedly were given medicine against their will and forcibly
subjected to electric shock treatment. Activists sentenced to
administrative detention also reported they were strapped to beds or
other devices for days at a time, beaten, forcibly injected or fed
medications, and denied food and use of toilet facilities.
Prison and Detention Center Conditions.--Conditions in penal
institutions for both political prisoners and common criminals
generally were harsh and often degrading. Prisoners and detainees often
were kept in overcrowded conditions with poor sanitation. Inadequate
prison capacity 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.
On March 2, an inmate at the Danzhou First Detention Center in
Hainan was beaten to death by inmates while guards looked on.
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 and
was tightly controlled.
In August Vice Minister of Health Huang Jiefu stated that inmates
were not a proper source for organ transplants, that prisoners must
give written consent for their organs to be taken, and that their
rights were protected. In a 2007 interview, Ministry of Health
spokesman Mao Qunan stated that most transplanted organs were from
executed prisoners.
Adequate, timely medical care for prisoners remained a serious
problem, despite official assurances that prisoners have the right to
prompt medical treatment. Prison officials often denied privileges,
including the ability to purchase outside food, make telephone calls,
and receive family visits to those who refused to acknowledge guilt.
Conditions in administrative detention facilities, such as RTL
camps, were similar to those in prisons. Beating deaths occurred in
administrative detention and RTL facilities. 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.
The law requires juveniles to be held separately from adults,
unless facilities are insufficient. In practice children sometimes were
held with adult prisoners and required to work. Political prisoners
were segregated from each other and placed with common criminals, who
sometimes beat political prisoners at the instigation of guards. Newly
arrived prisoners or those who refused to acknowledge committing crimes
were particularly vulnerable to beatings.
The government generally did not permit independent monitoring of
prisons or RTL camps, and prisoners remained inaccessible to local and
international human rights organizations, media groups, and the
International Committee of the Red Cross (ICRC).
d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention
remained serious problems. The law permits police and security
authorities to detain persons without arresting or charging them.
Because the government tightly controlled information, it was
impossible to determine accurately the total number of persons
subjected to arbitrary arrest or detention.
Role of the Police and Security Apparatus.--The security apparatus
is made up of the Ministries of State Security and Public Security, the
People's Armed Police, the People's Liberation Army (PLA), and the
state judicial, procuratorial, and penal systems. The Ministries of
State Security and Public Security and the People's Armed Police were
responsible for internal security. SPP and Supreme People's Court (SPC)
officials admitted that courts and prosecutors often deferred to the
security ministries on policy matters and individual cases. The SPP was
responsible for the investigation of corruption and duty crimes (crimes
committed by public officials or state functionaries, including
corruption, crimes of dereliction of duty, and crimes involving
violations of a citizen's personal rights). The PLA was responsible for
external security but also had some domestic security responsibilities.
The MPS coordinates the country's law enforcement, which is
administratively organized into local, county, provincial, and
specialized police agencies. Some efforts were made to strengthen
historically weak regulation and management of law enforcement
agencies; however, judicial oversight was limited, and checks and
balances were absent. Corruption at the local level was widespread.
Security officials, including ``urban management'' officials,
reportedly took individuals into custody without just cause,
arbitrarily collected fees from individuals charged with crimes, and
mentally and physically abused victims and perpetrators.
The SPP acknowledged continuing widespread abuse in law
enforcement. Domestic news media reported the convictions of public
security officials who had beaten to death suspects or prisoners in
their custody. On August 12, Deng Hongfei, a police officer in
Nanchang, Jiangxi Province, was sentenced to 12 years in prison, and
fellow officer Xia Xiangdong was sentenced to one year in prison for
beating to death suspect Wang Jianguo during an interrogation in 2006.
Arrest Procedures and Treatment While in Detention.--Public
security organs do not require court-approved warrants to detain
suspects under their administrative detention powers. After detention
the procuracy can approve formal arrest without court approval.
According to the law, in routine criminal cases police can unilaterally
detain persons for up to 37 days before releasing them or formally
placing them under arrest. After a suspect is arrested, the law allows
police and prosecutors to detain a person for up to seven months while
public security organs further investigate the case. Another 45 days of
detention are allowed where public security organs refer a case to the
procuratorate to decide whether to file charges. If charges are filed,
authorities can detain a suspect for an additional 45 days between
filing and trial. In practice the police sometimes detained persons
beyond the time limits stipulated by law. In some cases investigating
security agents or prosecutors sought repeated extensions, resulting in
pretrial detention of a year or longer. The criminal procedure law
allows detainees access to lawyers before formal charges are filed,
although police often limited such access.
The criminal procedure law requires a court to provide a lawyer to
a defendant who 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.
Detained criminal suspects, defendants, their legal
representatives, and close relatives are entitled to apply for bail;
however, in practice few suspects were released on bail pending trial.
The government used incommunicado detention. The law requires
notification of family members within 24 hours of detention, but
individuals often were held without notification for significantly
longer periods, especially in politically sensitive cases. Under a
sweeping exception, officials were not required to provide notification
if doing so would ``hinder the investigation'' of a case. In some cases
police treated those with no immediate family more severely.
There were numerous reports of citizens who were detained with no
or severely delayed notice. On July 27, Noor-Ul-Islam Sherbaz, a Uighur
minor, was detained and accused of participating in the July 5 riot. In
contravention of law on the detention of juveniles, Sherbaz's parents
had no contact with him after his arrest and were not allowed to be
present during police interrogations.
Authorities advised a number of activists in Shanghai and Beijing
to remain at home in the days prior to and during U.S. President
Obama's November visit to China. Some activists in provinces outside
these two cities were told not to travel outside their province.
Citizens who traveled to Beijing to petition the central government
for redress of a grievance were frequently subjected to arbitrary
detention, often by police from the petitioner's hometown. Some
provincial governments operated detention centers in Beijing or in
other localities to hold such petitioners without official procedures
or right to appeal. The law protects the right to petition the
government for resolution of grievances.
In August a guard raped a 20-year-old petitioner at a detention
facility operated at a Beijing hotel by officials from Tonbai County in
Henan Province. In November the guard pled guilty to raping the woman
and in December was convicted and sentenced to eight years in prison.
Petitioners frequently were forcibly returned to their hometowns after
stays in detention facilities lasting several days to several weeks.
According to an International Herald Tribune report, Huang Liuhong, a
woman from Guizhou Province, was held in a Beijing detention facility
for nearly a year.
The law permits nonjudicial panels, called labor reeducation
panels, to sentence persons without trial to three years in RTL camps
or other administrative detention programs. The labor reeducation
committee is authorized to extend a sentence up to one year. Defendants
could challenge RTL sentences under the administrative litigation law
and appeal for a reduction in, or suspension of, their sentences.
However, appeals rarely succeeded. Many other persons were detained in
similar forms of administrative detention, known as ``custody and
education'' (for women engaged in prostitution and those soliciting
prostitution) and ``custody and training'' (for minors who committed
crimes). Administrative detention was used to intimidate political
activists and prevent public demonstrations.
On February 1, Zhu Lijin was arrested for distributing Falun Gong
pamphlets. She was sentenced to 15 months in RTL without a trial.
Authorities used special reeducation centers to prolong detention of
Falun Gong practitioners who had completed terms in RTL.
Authorities arrested persons on allegations of revealing state
secrets, subversion, and other crimes as a means to suppress political
dissent and social advocacy. Citizens also were also 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
figures, and former political prisoners and their family members were
among those targeted for arbitrary detention or arrest.
The government continued to use house arrest as a nonjudicial
punishment and control measure against dissidents, former political
prisoners, family members of political prisoners, petitioners,
underground religious figures, and others it deemed politically
sensitive. Numerous dissidents, activists, and petitioners were placed
under house arrest during the October 1 National Day holiday period.
House arrest encompassed varying degrees of stringency but sometimes
included complete isolation in one's home or another location under
lock and guard. In some cases house arrest involved constant
monitoring, but persons under house arrest were occasionally permitted
to leave the home to work or run errands. Sometimes such persons were
required to ride in the vehicles of their police monitors when
venturing outside. When outside the home, subjects of house arrest were
usually, but not always, under surveillance. In some instances security
officials assumed invasive positions within the family home rather than
monitor from the outside.
On May 31, police at Guiyang Airport apprehended human rights
activist Chen Xi as he was attempting to fly to Beijing to commemorate
the Tiananmen uprising. He was detained for nine hours without
explanation and then sent home, where he remained under house arrest.
Chen was again detained on December 7, presumably to prevent him from
attending the Guizhou Human Rights Symposium, which he helped organize.
In February Shanghai activist Dai Xuezhong was prohibited from leaving
his home for approximately one week by local police to prevent a
planned meeting with fellow activist Deng Yongliang. In August
authorities placed writer Zhao Hun, who blogs under the name of Mo
Zhixu, under house arrest for several days.
At year's end Yuan Weijing, wife of imprisoned family-planning
activist lawyer Chen Guangcheng, remained under virtual house arrest.
According to Reporters Without Borders, when journalism professor Wang
Keqin and a student tried to visit Yuan in March in Linyi County,
Shandong Province, both were physically and verbally assaulted by five
or six plainclothes individuals, who Wang reportedly claimed were hired
by the local government to prevent visitors to Chen's family.
Police continued the practice of placing under surveillance,
harassing, and detaining citizens around politically sensitive events,
including the plenary sessions of the National People's Congress (NPC)
and the Chinese People's Political Consultative Conference (CPPCC), the
60th anniversary of the founding of the PRC and the 20th anniversary of
the Tiananmen Square student uprising. In early June authorities in
Hangzhou placed several dissidents, including Charter 08 signatories
Wen Kejian and Zou Wei and CDP activist Zhu Yufu, under house arrest
for several days. Published in December 2008, Charter 08 calls for free
elections and greater freedom of speech. Coauthored by Liu Xiaobo, who
was later imprisoned, the document, originally signed by more than 300
Chinese activists and intellectuals, received more than 7,000
signatories online. Many dissidents in Beijing reported that police
prevented them from leaving their houses on June 4, the anniversary of
the Tiananmen Square Massacre. Authorities in the XUAR used house
arrest and other forms of arbitrary detention against those accused of
subscribing to the ``three evils'' of religious extremism,
``splittism,'' and terrorism. Raids, detentions, arrests, and judicial
punishments indiscriminately affected not only those suspected of
supporting terrorism but also those who peacefully sought to pursue
political goals or worship.
e. Denial of Fair Public Trial.--The law states that the courts
shall exercise judicial power independently, without interference from
administrative organs, social organizations, and individuals. However,
in practice the judiciary was not independent. It received policy
guidance from both the government and the CCP, whose leaders used a
variety of means to direct courts on verdicts and sentences,
particularly in politically sensitive cases. At both the central and
local levels, the government and CCP frequently interfered in the
judicial system and dictated court decisions. Trial judges decided
individual cases under the direction of the adjudication committee in
each court. In addition, the CCP's law and politics committee, which
includes representatives of the police, security services,
procuratorate, and courts, had the authority to review and influence
court operations at all levels of the judiciary. People's congresses
also had authority to alter court decisions, but this happened rarely.
Corruption often influenced judicial decision making, and
safeguards against corruption were vague and poorly enforced. Local
governments appointed judges at the corresponding level of the judicial
structure. Judges received their court finances and salaries from these
government bodies and could be replaced by them. Local authorities
often exerted undue influence over the judges they appointed and
financed. Several high-profile corruption cases involved procuracy
officials.
Courts lacked the independence and authority to rule on the
constitutionality of laws. The law permits organizations or individuals
to question laws and regulations they believe contradict the
constitution, but a constitutional challenge first requires
consultation with the body drafting the questioned regulation and can
be appealed only to the NPC. Accordingly, lawyers had little or no
opportunity to use the constitution in litigation.
The SPC is followed in descending order by the higher,
intermediate, and basic people's courts. These courts handle criminal,
civil, and administrative cases, including appeals of decisions by
police and security officials to use RTL and other forms of
administrative detention. There were special courts for handling
military, maritime, and railway transport cases.
The CCP used a form of discipline known as ``shuang gui'' for
violations of party discipline, but there were reports of its use
against nonparty members. Shuang gui is similar to house arrest, can be
authorized without judicial involvement or oversight, and requires the
CCP member under investigation to submit to questioning at a designated
place and time. According to regulations of the Central Discipline
Inspection Commission governing shuang gui, corporal punishment is
banned, the member's dignity must be respected, and he or she is
regarded as a comrade unless violations are proved. Absent any legal
oversight, it is unclear how these regulations were enforced in
practice.
On August 12, authorities in Chengdu closed the trial of Tan
Zuoren, charged with defaming the CCP, from the public (see Political
Prisoners section). Tan attempted to collect the names of students who
died in the May 2008 Sichuan earthquake. Police blocked persons who
tried to attend the proceedings at the courthouse. When contemporary
artist and civil society activist Ai Weiwei traveled to Chengdu to
participate in the trial and testify on Tan's behalf, security forces
beat him and prevented him from leaving his hotel room until the trial
had adjourned.
On November 6, 70-year-old Lin Dagang was sentenced to two years in
prison for illegally possessing state secrets. According to an NGO
report, his wife and son were not allowed to attend his two-hour trial.
On December 25, Liu Xiaobo, a well-known dissident and coauthor of
Charter 08, which called for increased political freedoms and human
rights in China, was found guilty of the crime of inciting subversion
of state power and sentenced to 11 years in prison and two years'
deprivation of political rights, in a trial that was believed to
contain serious due process violations. At year's end Liu's case was on
appeal.
Trial Procedures.--Trials took place before a judge, who often was
accompanied by ``people's assessors,'' laypersons hired by the court to
assist in decision making. According to law, people's assessors had
authority similar to judges, but in practice they often deferred to
judges and did not exercise an independent jury-like function.
There was no presumption of innocence, and the criminal justice
system was biased toward a presumption of guilt, especially in high-
profile or politically sensitive cases. The combined conviction rate
for first- and second-instance criminal trials was more than 99 percent
in 2008; 1,008,677 defendants were tried, and 1,373 were found not
guilty. In many politically sensitive trials, which rarely lasted more
than several hours, the courts handed down guilty verdicts immediately
following proceedings. Courts often punished defendants who refused to
acknowledge guilt with harsher sentences than those who confessed.
There was an appeals process, but appeals rarely resulted in reversed
verdicts. Appeals processes failed to provide sufficient avenues for
review, and there were inadequate remedies for violations of
defendants' rights.
SPC regulations require all trials to be open to the public, with
certain exceptions, such as cases involving state secrets, privacy, and
minors. Authorities used the legal exception for cases involving state
secrets to keep politically sensitive proceedings closed to the public
and sometimes even to family members, and to withhold access to defense
counsel. Under the regulations, foreigners with valid identification
are allowed the same access to trials as citizens, but in practice
foreigners were permitted to attend court proceedings by invitation
only. As in past years, foreign diplomats and journalists sought
permission to attend a number of trials only to have court officials
reclassify them as ``state secret'' cases, fill all available seats
with security officials, or otherwise close them to the public. For
example, foreign diplomats requested but were denied permission to
attend human rights advocate Huang Qi's February trial on charges of
illegally possessing state secrets. Huang's trial was adjourned without
a verdict. Some trials were broadcast, and court proceedings were a
regular television feature. A few courts published their verdicts on
the Internet.
The law gives most suspects the right to seek legal counsel shortly
after their initial detention and interrogation, although police
frequently interfered with this right. Individuals who face
administrative detention do not have the right to seek legal counsel.
Human rights lawyers reported that they were denied the ability to
defend certain clients or threatened with punishment if they did.
Both criminal and administrative cases remained eligible for legal
aid, although 70 percent or more of criminal defendants went to trial
without a lawyer. According to the Ministry of Justice, the number of
legal-aid cases reached 546,859 in 2008. The country had 12,778 full-
time legal aid personnel, although the number of legal-aid personnel
remained inadequate to meet demand. Nonattorney legal advisors provided
the only legal-aid options in many areas.
Lawyers often refused to represent defendants in politically
sensitive cases, and defendants frequently found it difficult to find
an attorney. The government took steps to discourage lawyers from
taking sensitive cases. For example, following the July unrest in the
XUAR, the Beijing Municipal Judicial Bureau posted a note on its Web
site urging justice bureaus, the Beijing Municipal Lawyers Association,
and law firms in Beijing to ``exercise caution'' in representing cases
related to the riots. Similar measures were taken with respect to
Tibetan defendants. In some cases Beijing-based rights lawyers were
told they could not represent jailed Tibetans. Local governments in the
XUAR and Tibetan areas imposed arbitrary rules that defendants could be
represented only by locally registered attorneys.
When defendants were able to retain counsel in politically
sensitive cases, government officials sometimes prevented effective
representation of counsel. Officials deployed a wide range of tactics
to obstruct the work of lawyers representing sensitive clients,
including unlawful detentions, disbarment, intimidation, refusal to
allow a case to be tried before a court, and physical abuse. For
example, in April Beijing lawyer Cheng Hai was attacked and beaten
while on his way to meet with a Falun Gong client in Chengdu. According
to Cheng, those responsible for the attack were officials from the
Jinyang General Management Office, Wuhou District, Chengdu. In May
police officers in Chongqing arrested and beat lawyers Zhang Kai and Li
Chunfu when they interviewed the family of a Falun Gong practitioner
who allegedly died in police custody.
During its yearly professional evaluation procedures for Beijing
attorneys, the Beijing Lawyers Association did not renew the
professional licenses of a number of human rights lawyers, effectively
barring them from practicing law, including Li Heping, Cheng Hai, Jiang
Tianyong, Li Xiongbing, Li Chunfu, Wang Yajun, Tang Jitian, Yang
Huimin, Xie Yanyi, Li Dunyong, Wen Haibo, Liu Wei, Zhang Lihui, Peng
Jian, Li Jinglin, Lan Zhixue, Zhang Kai, and Liu Xiaoyuan. Two lawyers
who practiced outside of Beijing, Wei Liangyue and Yang Zaixin,
reported that authorities warned them that their licenses were in
jeopardy. Shanghai lawyers Zheng Enchong and Guo Guoting lost their
licenses in 2008 in a similar decision and, as a result, were barred
from practicing law.
According to the law, defense attorneys can be held responsible if
their client commits perjury, and prosecutors and judges have wide
discretion to decide what constitutes perjury. In some sensitive cases,
lawyers had no pretrial access to their clients, and defendants and
lawyers were not allowed to speak during trials. In practice criminal
defendants often were not assigned an attorney until a case was brought
to court. Even in nonsensitive criminal trials, only one in seven
defendants reportedly had legal representation.
The mechanism that allows defendants to confront their accusers was
inadequate; the percentage of witnesses who came to court in criminal
cases was less than 10 percent and as low as 1 percent in some courts.
According to one expert, only 1 to 5 percent of trials involved
witnesses. In most criminal trials, prosecutors read witness
statements, which neither the defendants nor their lawyers had an
opportunity to question. Approximately 95 percent of witnesses in
criminal cases did not appear in court to testify, sometimes due to
hardship or fear of reprisals. Although the criminal procedure law
states that pretrial witness statements cannot serve as the sole basis
for conviction, officials relied heavily on such statements to support
their cases. Defense attorneys had no authority to compel witnesses to
testify or to mandate discovery, although they could apply for access
to government-held evidence relevant to their case. In practice
pretrial access to information was minimal, and the defense often
lacked adequate opportunity to prepare for trial.
Police and prosecutorial officials often ignored the due process
provisions of the law, which led to particularly egregious consequences
in death penalty cases. By law there are at least 68 capital offenses,
including nonviolent financial crimes such as counterfeiting currency,
embezzlement, and corruption.
In 2007 the SPC reassumed jurisdiction to conduct final review of
death penalty cases handed down for immediate execution (but not death
sentences handed down with a two-year reprieve). In most cases the SPC
does not have authority to issue a new decision or declare a defendant
innocent if it discovers errors in the original judgment; it can only
approve or disapprove lower-court decisions. SPC spokesman Ni Shouming
stated that since reassuming the death penalty review power in 2007,
the SPC had rejected 15 percent of the cases it reviewed due to unclear
facts, insufficient evidence, inappropriateness of the death sentence
in some cases, and inadequate trial procedures. The SPC remanded these
cases to lower courts for further proceedings, although it did not
provide underlying statistics or figures. Because official statistics
remained a state secret, it was not possible to evaluate independently
the implementation and effects of the procedures.
Following the SPC's resumption of death penalty review power,
executions were not to be carried out on the date of conviction, but
only after final review by the SPC was completed. The government
continued to apply the death penalty in a range of cases, including
cases of economic crimes. In April a Beijing court upheld the death
sentence of Yang Yanming, who was convicted of embezzlement. Yang was
executed on December 8. On August 7, Li Peiying, former chairman of the
Beijing Capital International Airport, was executed for bribery. On
December 29, British citizen Akmal Shaikh was executed for drug-
trafficking crimes.
The foreign-based Dui Hua Foundation estimated that approximately
5,000 persons were executed during the year.
Political Prisoners and Detainees.--Government officials continued
to deny holding any political prisoners, asserting that authorities
detained persons not for their political or religious views but because
they violated the law; however, the authorities continued to confine
citizens for reasons related to politics and religion. Tens of
thousands of political prisoners remained incarcerated, some in prisons
and others in RTL camps or administrative detention. The government did
not grant international humanitarian organizations access to political
prisoners.
Foreign NGOs estimated that several hundred persons remained in
prison for the crime of ``counterrevolution,'' repealed in 1997, and
thousands of others were serving sentences under the state security
law, which authorities stated covers crimes similar to
counterrevolution. Foreign governments urged the government to review
the cases of those charged before 1997 with counterrevolution and to
release those who had been jailed for nonviolent offenses under
provisions of the criminal law, which were eliminated when the law was
revised. At year's end no systematic review had occurred. The
government maintained that prisoners serving sentences for
counterrevolution and endangering state security were eligible on an
equal basis for sentence reduction and parole, but political prisoners
benefited from early release at lower rates than those enjoyed by other
prisoners. Dozens of persons were believed to remain in prison in
connection with their involvement in the 1989 Tiananmen prodemocracy
movement. International organizations estimated that at least 10 and as
many as 200 Tiananmen activists remained in prison. The exact number
was unknown because official statistics have never been made public.
On March 4, labor activist and lawyer Yuan Xianchen was found
guilty of ``inciting subversion of state power'' and sentenced to four
years in prison and five years' deprivation of political rights. Yuan
was detained in May 2008 after publishing an article in Beijing Spring,
a New York-based human rights journal. He was formally arrested in June
2008.
Activist Huang Qi, a long-time campaigner for public recognition of
Tiananmen victims, was arrested in June 2008 for possessing state
secrets. On August 5, Huang was tried in Sichuan Province on charges of
``illegal possession of state secrets,'' and on November 24, he was
sentenced to three years' imprisonment. Also in August activist Tan
Zuoren went on trial for defaming the CCP, a charge allegedly linked to
his work on social issues perceived by the government as sensitive. At
year's end no verdict had been issued in his case.
Zhou Yongjun, a former Tiananmen Square student leader and foreign
resident, was detained in September 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 mainland authorities,
detained in Shenzhen, and transferred to his hometown in Sichuan
Province on the same financial charges. Zhou's trial was held November
19, and at year's end the case was awaiting a verdict.
Many political prisoners remained in prison or under other forms of
detention at year's end, including rights activists Hu Jia and Wang
Bingzhang; Alim and Ablikim Abdureyim, sons of Uighur activist Rebiya
Kadeer; journalist Shi Tao; dissident Wang Xiaoning; lawyer and
activist Yang Maodong (also known as Guo Feixiong); land-rights
activist Yang Chunlin; Internet writer Xu Wei; labor activists Hu
Mingjun, Huang Xiangwei, Kong Youping, Ning Xianhua, Li Jianfeng, Li
Xintao, Lin Shun'an, Li Wangyang, and She Wanbao; CDP cofounder Qin
Yongmin; family-planning whistleblower Chen Guangcheng; Catholic bishop
Su Zhimin; Christian activist Zhang Rongliang; Inner Mongolian activist
Hada; Uighur activist Dilkex Tilivaldi; and Tibetan Tenzin Deleg.
Political prisoners obtained parole and sentence reduction much
less frequently than ordinary prisoners. In January labor activist Yue
Tianxiang was released from prison; he was convicted and sentenced to
10 years in 1999. On February 10, Uighur Tohti Tunyaz was released from
prison after serving 11 years. Internet writer Yang Zili and labor
activist Yao Fuxin were released from prison in March; both served
their full sentences. On March 16, labor activist Yao Fuxin was
released after serving his seven-year prison term on a conviction of
``subversion of state power.'' According to Human Rights in China, at
year's end Yao was under three years of deprivation of political
rights, including the freedoms of speech, assembly, and association. On
April 22, Tibetan Jigme Gyatso was released from detention.
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 status in society,
ability to find employment, freedom to travel, and access to residence
permits and social services severely restricted. Former political
prisoners and their families frequently were subjected to police
surveillance, telephone wiretaps, searches, and other forms of
harassment, and some encountered difficulty obtaining or keeping
employment, education, and housing.
Civil Judicial Procedures and Remedies.--Courts deciding civil
matters suffered from internal and external limitations on judicial
independence. The State Compensation Law provides administrative and
judicial remedies for deprivations of criminal rights, such as wrongful
arrest or conviction, extortion of confession by torture, or unlawful
use of force resulting in bodily injury. In civil matters prevailing
parties often found it difficult to enforce court orders, and
resistance to the enforcement sometimes extended to forcible resistance
to court police.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law states that the ``freedom and privacy of
correspondence of citizens are protected by law'' ; however, 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; moreover, the
Public Security Bureau (PSB) and prosecutors can issue search warrants
on their own authority without judicial consent, review, or
consideration. Cases of forced entry by police officers continued to be
reported.
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. All major hotels had a
sizable internal security presence, and hotel guestrooms sometimes had
concealed listening devices and were searched for sensitive or
proprietary materials.
Some citizens were under heavy surveillance and routinely had their
telephone calls monitored or telephone service disrupted, particularly
in the XUAR and Tibetan areas. The authorities frequently warned
dissidents and activists, underground religious figures, former
political prisoners, and others whom the government considered to be
troublemakers not to meet with foreign journalists or diplomats,
especially before sensitive anniversaries, at the time of important
government or party meetings, and during the visits of high-level
foreign officials. Security personnel also harassed and detained the
family members of political prisoners, including following them to
meetings with foreign reporters and diplomats and urging them to remain
silent about the cases of their relatives.
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.
The law prohibits the use of physical coercion to compel persons to
submit to abortion or sterilization. However, intense pressure to meet
birth limitation targets set by government regulations resulted in
instances of local birth-planning officials using physical coercion to
meet government goals. Such practices required the use of birth-control
methods (particularly intrauterine devices and female sterilization,
which according to government statistics accounted for more than 80
percent of birth-control methods employed) and the abortion of certain
pregnancies.
In February, according to international media reports, three women
who were acting as surrogate mothers were reportedly forced to undergo
abortions in a hospital in Guangzhou.
In the case of families that already had two children, one parent
was often pressured to undergo sterilization. The penalties sometimes
left women with little practical choice but to undergo abortion or
sterilization.
Laws and regulations forbid the termination of pregnancies based on
the sex of the fetus, but because of the intersection of birth
limitations with the traditional preference for male children,
particularly in rural areas, many families used ultrasound technology
to identify female fetuses and terminate these pregnancies. National
Population and Family-planning Commission regulations ban nonmedically
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 enough to deter unlawful behavior.
According to government estimates released in February 2008, the male-
female sex ratio at birth was 120 to 100 at the end of 2007 (compared
with norms elsewhere of between 103 and 107 to 100).
Several provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin,
Liaoning, and Ningxia--require ``termination of pregnancy'' if the
pregnancy violates provincial family-planning regulations. An
additional 10 provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi,
Qinghai, Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified
``remedial measures'' to deal with unauthorized pregnancies.
In July the Shanghai Population and Family-planning Commission
announced plans to encourage couples to have a second child if both
parents grew up as ``only children.''
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, although the government generally did not
respect these rights in practice. The government interpreted the CCP's
``leading role,'' as mandated in the constitution, as superseding and
circumscribing these rights. The government continued to control print,
broadcast, and electronic media tightly and used them to propagate
government views and CCP ideology. During the year the government
increased censorship and manipulation of the press and the Internet
during sensitive anniversaries.
Foreign journalists were largely prevented from obtaining permits
to travel to Tibet except for highly controlled press visits. While
foreign journalists were allowed access to Urumqi during and after the
July riots, authorities forced foreign journalists to leave other
cities in the XUAR.
Media outlets received regular guidance from the Central Propaganda
Department (CPC), which listed topics that should not be covered,
including politically sensitive topics. After events such as the July
riots or the Sichuan earthquake, media outlets were told to cover the
stories using content carried by government-controlled Xinhua and China
Central Television. In the period preceding the October celebration of
the 60th anniversary of the founding of the PRC, authorities mandated
that newspapers, magazines, and other news outlets minimize the
reporting of negative stories.
The General Administration of Press and Publication; the State
Administration of Radio, Film, and Television, and the CPC remained
active in issuing restrictive regulations and decisions constraining
the content of broadcast media.
As long as the speaker did not publish views that challenged the
CCP or disseminate such views to overseas audiences, the range of
permissible topics for private speech continued to expand. Political
topics could be discussed privately and in small groups without
punishment, and criticisms of the government were common topics of
daily speech. However, public speeches, academic discussions, and
speeches at meetings or in public forums covered by the media remained
circumscribed, as did speeches pertaining to sensitive social topics.
On May 10, 19 scholars held an unauthorized academic conference in
Beijing to discuss the 1989 Tiananmen crackdown. Some participants
later received warnings from their employers to cease their
participation in such events. Authorities also frequently intervened to
halt public speeches and lectures on sensitive political topics.
In March police detained Zhang Shijun, a former soldier who
publicly expressed regret over his involvement in the Tiananmen
uprising, for publishing an open letter to President Hu Jintao urging
the CCP to reconsider its condemnation of the 1989 demonstrations. At
year's end his whereabouts remained unknown.
In March and May, police interrogated and searched the home of
Jiang Qisheng, Chinese PEN center vice president, author of a widely
cited report on the Tiananmen uprising and an original signer of
Charter 08.
The government also frequently monitored gatherings of
intellectuals, scholars, and dissidents where political or sensitive
issues were discussed. Those who aired views that disagreed with the
government's position on controversial topics or disseminated such
views to domestic and overseas audiences risked punishment ranging from
disciplinary action at government work units to police interrogation
and detention. In December 2008, to commemorate human rights day, a
group of 303 intellectuals and activists released a petition entitled
Charter 08, calling for human rights and democracy. Within one month
more than 7,300 persons signed the petition, of whom police questioned
at least 100. Many Charter 08 signers reported experiencing harassment
during the year, especially around the time of sensitive anniversaries,
trials, or official visits.
The CPC continued to list subjects that were off limits to the
domestic media, and the government maintained authority to approve all
programming. Nearly all print media, broadcast media, and book
publishers were owned by, or affiliated with, the CCP or a government
agency. There were a small number of privately owned print publications
but no privately owned television or radio stations.
International media were not allowed to operate freely and faced
heavy restrictions. In February two New York Times reporters were
detained for 20 hours after police stopped their car in a Tibetan area
of Gansu Province. Authorities made the two spend the night in Lanzhou,
the provincial capital, and eventually forced them to return to
Beijing. In April reporters with the Voice of America (VOA) were
detained for two hours in Sichuan Province before being told that they
could not proceed farther. Local authorities first told them that it
was illegal for tourists to visit the area and later told them they
could not proceed because of ``hazardous road conditions.''
In May a Financial Times correspondent reporting in Mianzhu on
families who lost children during the Sichuan earthquake was followed
to an interview and attacked by unknown assailants who tried to take
his camera. When police arrived, they also tried to take his video
camera by force. Also in May on three separate occasions, foreign
reporters were attacked while filming in Sichuan.
Authorities barred foreign journalists from filming in, or
entering, Tiananmen Square during the 20th anniversary of the crackdown
on prodemocracy demonstrations. On July 10, police detained and
deported an Associated Press photographer for taking pictures in
Kashgar. In September police broke into the hotel room of three
journalists from Kyodo News covering a National Day parade rehearsal,
beat them, and destroyed their computers. On September 4, antiriot
police beat three Hong Kong reporters in Urumqi. Five other Hong Kong
reporters were briefly detained the same day in Urumqi to prevent them
from filming protests.
In July the Foreign Correspondent's Club of China (FCCC) polled its
members about reporting conditions following the 2008 Olympics. FCCC
members reported 23 incidents of violence against reporters, sources,
or assistants, along with multiple incidents of destruction of
photographs or reporting materials, intimidation, and summoning for
questioning by authorities. They also reported 100 incidents of being
denied access to public spaces by authorities.
The government refused to grant a visa to a foreign journalist who
was planning to serve as the newspapers' new bureau chief in Beijing.
Authorities tightened restrictions on citizens working as
assistants for foreign news bureaus. In February the government issued
a code of conduct for news assistants of foreign correspondents. The
code threatens dismissal and loss of accreditation if news assistants
engage in ``independent reporting'' and instructs them to provide their
employers with information that projects a good image of the country.
The FCCC denounced the code of conduct as part of a government effort
to intimidate news assistants.
Officials can be punished for unauthorized contact with
journalists. Editors and journalists continued to practice self-
censorship as the primary means for the party to limit freedom of the
press on a day-to-day basis. Official guidance on permitted speech was
often vague, subject to change at the whim of propaganda officials, and
retroactively enforced. Propaganda authorities can force newspapers to
fire editors and journalists who print articles that conflict with
official views and can suspend or close publications. The system of
postpublication punishment encourages editors to take a conservative
approach, since a publication could face enormous business losses if it
were suspended for inadvertently printing forbidden content.
Government officials used criminal prosecution, civil lawsuits, and
other punishments, including violence, detention, and other forms of
harassment, to intimidate authors and domestic journalists and block
controversial writings. In June police arrested writer, former
Tiananmen prisoner, and dissident Wu Gaoxing for publishing a letter
asserting that former Tiananmen prisoners were facing economic
hardships because of their past political troubles.
A domestic journalist can face demotion or job loss for publishing
views that challenge the government.
Journalists who remained in prison included Lu Gengsong, Lu
Jianhua, Huang Jinqiu, Cheng Yizhong, and Shi Tao. On February 10, Yu
Huafeng was released from prison.
Journalists and editors who exposed corruption scandals frequently
faced problems with the authorities. In May officials in Hubei
physically assaulted two reporters, Kong Pu from the Beijing Times and
Wei Yi from the Nangfang People's Weekly, as they researched a story of
a waitress who killed a party official when he attempted to assault
her.
According to an official report, during the year authorities
confiscated more than 65 million copies of pornographic, pirated, and
unauthorized publications. 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 riots in Urumqi. Authorities also continued to
ban books with content they deemed controversial.
The law permits only government-approved publishing houses to print
books. The State Press and Publications Administration (PPA) controlled
all licenses to publish. No newspaper, periodical, book, audio, video,
or electronic publication may be printed or distributed without the PPA
and relevant provincial publishing authorities' approval of both the
printer and distributor. Individuals who attempted to publish without
government approval faced imprisonment, fines, confiscation of their
books, and other sanctions. The CCP exerted control over the publishing
industry by preemptively classifying certain topics as off limits.
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, postpublication sanctions.
According to the PEN American Center, Korash Huseyin, former editor
of the Uighur-language Kashgar Literature Journal, was released in
2008, but his whereabouts were unknown. Korash Huseyin, who was
sentenced in 2004 to three years in prison for publishing a short story
that authorities considered critical of CCP rule of Xinjiang, remained
in prison serving a 10-year sentence.
The authorities continued to jam, with varying degrees of success,
Chinese-, Uighur-, and Tibetan-language broadcasts of the VOA, BBC, and
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, which were 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.
Internet Freedom.--During the year the China Internet Network
Information Center reported that the number of Internet users increased
to 338 million, 94 percent of whom had broadband access. The government
increased its efforts to monitor Internet use, control content,
restrict information, block access to foreign and domestic Web sites,
encourage self-censorship, and punish those who violated regulations,
but these measures were not universally effective.
The MPS, which monitors the Internet under guidance from the CPC,
employed thousands of persons at the national, provincial, and local
levels to monitor electronic communications. Xinhua News Agency
reported that in 2008, authorities closed 14,000 illegal Web sites and
deleted more than 490,000 items of ``harmful'' content from the
Internet. In January the government began an ``antivulgarity'' campaign
aimed at cracking down on ``unhealthy information'' on the Internet. In
January official media claimed that the campaign had resulted in the
closure of 1,250 Web sites and the deletion of more than 3.2 million
items of information. Many Web sites included images of cartoon police
officers that warn users to stay away from forbidden content. Operators
of Web portals, blog-hosting services, and other content providers
engaged in self-censorship to ensure their servers were free from
politically sensitive content. Domestic Web sites that refused to self-
censor political content were shut down, and many foreign Web sites
were blocked.
During the year major news portals, which reportedly were complying
with secret government orders, began requiring 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 the
Ministry of Industry and Information Technology 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 appeared
to contribute to the indefinite postponement of enforcement of the
directive.
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 crackdown. The government
also at times blocked access to selected sites operated by major
foreign news outlets, health organizations, foreign governments,
educational institutions, and social networking sites, as well as
search engines, that allow rapid communication or organization of
users.
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 the 20th anniversary of the Tiananmen crackdown and
immediately following the July unrest in the XUAR, and many sites
remained blocked during other major events. In the wake of the deadly
July riots in Urumqi, the government asserted that information spread
on the Internet contributed to the violence, resulting in the complete
shutdown of all Internet access, text messaging, and international
telephone calls from the region. At the end of the year, international
calls, full Internet access, and text messaging capabilities remained
limited.
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, the Ministry of Industry and Information
Technology, 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, 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.
Authorities continued to jail numerous Internet writers for
peaceful expression of political views. In July Wu Baoquan was
sentenced to 18 months in prison for posting articles critical of the
local government of the northern region of Inner Mongolia. In September
the court convicted Wu of libel for publicizing the efforts of farmers
who fought local officials over land rights.
Also in July three bloggers--Fan Yanqiong, Wu Huaying, and You
Jingyou--were 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.
On November 12, authorities sentenced Kunchok Tsephel, literary Web
site editor and founder of Chodme (tibetcm.com), to 15 years in prison
on a charge of ``divulging state secrets'' in connection with some of
the Web site's content. On November 14, a court in Gansu Province
sentenced Kunga Tseyang to five years in prison. Police arrested
Tseyang (pen name Snow Sun) on March 17 for articles he posted on a
Tibetan Web site.
In November 2008 Chen Daojun, an Internet writer and environmental
activist, was sentenced to three years in prison for ``inciting
subversion of state power.'' Chen was arrested after he participated in
an environmental protest and posted articles online supportive of
Tibetan demonstrators. According to Chen's lawyer, three of his
articles were submitted as evidence that he had attacked the CCP.
In January blogger Jia Xiaoyin was released from prison after six
months in detention. On April 18, authorities released Internet writer
Zhu Yufu from prison. In August blogger Guo Baofeng, known online as
Amoiist, was released from prison after his announcement of his own
arrest on the social networking site Twitter sparked a letter-writing
campaign calling for his release.
According to Reporters Without Borders, at year's end there were 30
reporters and 68 cyberdissidents in prison.
Regulations prohibit a broad range of activities that authorities
interpret as subversive or slanderous to the state. Internet service
providers were instructed to use only domestic media-news postings, to
record information useful for tracking users and their viewing habits,
to install software capable of copying e-mails, and to end immediately
transmission of ``subversive material.''
Academic Freedom and Cultural Events.--The government continued its
restrictions on academic or artistic freedom and political and social
discourse at colleges, universities, and research institutes.
Authorities canceled university conferences and speaking events
involving foreign and domestic academics on short notice when they
deemed the topics too sensitive or the timing too close to a sensitive
date. 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. Central or provincial authorities
disciplined university administrators for showing the film Please Vote
for Me by Chen Weijun in May, a film on student elections in a third-
grade class in Wuhan.
In September the government denied visa applications from two
foreign filmmakers, preventing them from participating in panels and
attending the screening of their documentary about the Sichuan
earthquake at the Beijing Independent Film Festival. Festival
organizers invited the pair as headliners for the festival but delayed
publication of the exact location of the screening until only hours
before the event in an effort to minimize the possibility of
interference from security officials.
During the year the government imposed new restrictions on cultural
expression and banned artists it deemed controversial. The government
continued to use political attitudes and affiliations as criteria for
selecting persons for the few government-sponsored study-abroad
programs but did not impose such restrictions on privately sponsored
students. The government and the party controlled the appointment of
high-level officials at universities. While party membership was not
always a requirement to obtain a tenured faculty position, scholars
without party affiliation often had fewer chances for promotion.
Researchers residing abroad were subject to sanctions, including
denial of visas, 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.
In May parents of Sichuan earthquake victims were told not to
gather at the sites of destroyed schools for a memorial service. Those
who planned to mark the anniversary of the earthquake were reportedly
detained or threatened with detention. In June authorities prevented
several Tiananmen mothers, including Ding Zilin, from joining memorial
services or otherwise marking the date when their children died;
plainclothes officers reportedly followed Ding and her husband to
ensure compliance. In September there were several reports of parents
being detained or otherwise prevented from gathering to commemorate the
anniversary of the melamine milk scandal.
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. In September three dozen parents reportedly gathered in
Beijing to draw attention to their belief that unsafe vaccines sickened
their children. Local officials forcibly returned them to their
hometowns.
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 the General
Office of the State Council issued new guidelines for handling
petitioners. According to the new rules, officials are to be sent 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.
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. There were reports that the government maintained a task
force aimed at blocking political change advocated by NGOs involved in
social, political, and charitable activities, and also by groups
dedicated to combating discrimination against women, persons with
disabilities, and minorities.
To register, an NGO must find a government agency to serve as its
organizational sponsor, have a registered office, and hold a minimum
amount of funds. Some organizations with social or educational purposes
that previously had been registered as private or for-profit businesses
reportedly were requested to find a government sponsor and reregister
as NGOs during the year. Although registered organizations all came
under some degree of government control, some NGOs were able to operate
with some degree of independence.
The number of NGOs continued to grow, despite tight restrictions
and regulations. According to the World Bank, at year's end there were
more than 415,000 officially registered civil society organizations.
NGOs existed under a variety of formal and informal guises, including
national mass organizations created and funded by the CCP.
The lack of legal registration created numerous logistical
challenges for NGOs, including difficulty opening bank accounts, hiring
workers, and renting office space. 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 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
March 2008.
On July 29, officials arrested Xu Zhiyong, cofounder of the Open
Constitution Initiative (OCI, or Gongmeng), a civil society
organization and legal research center, on accusations of tax evasion.
Media reports suggested he was arrested because of his legal work on
behalf of families affected by the melamine-tainted milk scandal.
Officials also raided the OCI's offices, seized equipment, and ordered
the OCI to close. On August 23, after a public outcry, Xu and an OCI
office assistant were released from jail on bail.
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.--The constitution and laws provide for
freedom of religious belief and the freedom not to believe. The
constitution limits protection of religious activities to those the
government defined as ``normal.'' The constitution states that
religious bodies and affairs are not to be ``subject to any foreign
domination'' and that the individual exercise of rights ``may not
infringe upon the interests of the state.''
The government continued to strictly control religious practice and
repress religious activity outside government-sanctioned organizations
and registered places of worship. The government controlled the growth
and scope of the activity of both registered and unregistered religious
groups, including house churches. Government authorities limited
proselytizing, particularly by foreigners and unregistered religious
groups, but permitted proselytizing in state-approved religious venues
and private settings. Throughout the country foreign citizens'
participation in religious activities was viewed by the government as
highly suspect and, in some cases, led to repercussions against both
Chinese citizens and foreign citizens.
Religious groups are regulated by the 2005 Regulations on Religious
Affairs, which indicate that the State Administration for Religious
Affairs (SARA) or the religious affairs bureaus (RABs) supervise all
religious activities. To be considered legal, religious groups must
register with a government-affiliated patriotic religious association
(PRA) associated with one of the five recognized religions: Buddhism,
Taoism, Islam, Protestantism, and Catholicism. Religious groups must
register according to the Regulations on Social Organizations (RSO),
which specifies that organizations must find a supervisory unit to
sponsor their application. Religious groups that register under the RSO
need to obtain the sponsorship of SARA or the RABs. The PRAs supervised
activities of each religious group and liaised with government
religious affairs authorities charged with monitoring religious
activity. Government efforts to control and regulate religious groups,
particularly unregistered groups, continued. Nonetheless, freedom to
participate in religious activities continued to increase in many
areas. Religious participation grew not only among the five main
religions but also among the Eastern Orthodox Church and folk
religions. Because the RSO states no organization may be registered in
the same area if another organization is already performing similar
work, no religious groups other than the five PRAs have registered at
the national level. Unregistered groups reported that local RABs also
would not approve registration applications without support from the
relevant PRA.
Several large house churches reported increased government
interference with their activities in periods preceding sensitive
anniversaries. In Beijing the government reportedly pressured landlords
to stop renting space to house church groups. During an outdoor worship
service, authorities reportedly conducted surveillance, used
loudspeakers to warn against unauthorized public gatherings, detained
church leaders to prevent them from attending services, and closed
public parks to dissuade the groups from gathering.
In September in Shanxi Province, members of the Linfen house church
and police were involved in a confrontation over the demolition of a
church building. Five church leaders were charged with ``disrupting
public order'' and sentenced to between two and three years of RTL.
On March 5, Premier Wen Jiabao delivered a government report
stating, ``We will fully implement the party's basic principles on work
related to religions and enable religious figures and people with
religious belief to play a positive role in promoting economic and
social development.'' The work of faith-based organizations became more
visible during and after the Sichuan earthquake of May 2008.
Nevertheless, leaders of such organizations reported that, due to the
continued lack of official registration, they were not allowed to
fundraise publicly, hire employees, or open bank accounts.
The government's repression of religious freedom continued in
Tibetan areas and intensified in the XUAR. Followers of Tibetan
Buddhism, including those in the Inner Mongolian Autonomous Region and
most Tibetan autonomous areas, faced more restrictions on their
religious practice and ability to organize than Buddhists in other
parts of the country. However, Buddhist communities outside of Tibet
also faced continued government controls, and unregistered Buddhist
temples remained subject to closure or demolition. The Tibetan Buddhist
Labrang Monastery, in Gansu Province, was closed to foreign visitors
for several months following 2008 unrest in and around the monastery. A
heavy security presence remained in this and other Tibetan Buddhist
monastery areas.
In the XUAR the government often conflated peaceful religious and
political expression with the ``three evils'' of religious extremism,
terrorism, and separatism. Government policies that repressed religious
activities included surveillance in mosques, regulation of sermons, and
public admonishments against and punishment of individuals engaging in
``illegal religious activities.''
In August 2008 authorities in Kashgar reportedly issued
accountability measures to local officials who were responsible for
high-level surveillance of religious activity in the XUAR. Also in
August 2008 in Kashgar District, authorities called for ``enhancing
management'' of groups that included religious figures, as part of
broader measures of ``prevention'' and ``attack.'' On December 29, the
official XUAR government Web site announced that a new law on
``education for ethnic unity in Xinjiang'' had been adopted at a local
legislature session. The law reportedly bars individuals and
organizations from spreading opinions deemed not conducive to national
unity and also from gathering, producing, and spreading information to
that effect.
XUAR authorities maintained the most severe legal restrictions in
the country on children's right to practice religion. Authorities
continued to prohibit the teaching of Islam outside the home to
elementary- and middle-school-age children in some areas, and children
under the age of 18 were prohibited from entering mosques in some
areas.
Authorities reserved the right to censor imams' sermons, and imams
were urged to emphasize the damage caused to Islam by terrorist acts in
the name of the religion. Certain Muslim leaders received particularly
harsh treatment. Authorities in some areas conducted monthly political
study sessions for religious personnel, which, according to one CCP
official who took part in a study session, called for ``creatively
interpreting and improving'' religious doctrine. Authorities also
reportedly tried to restrict Muslims' opportunities to study religion
overseas. The China Islamic Conference required religious personnel to
study ``new collected sermons'' compiled by the Muslim PRA, the Islamic
Association of China, including messages on patriotism and unity aimed
at building a ``socialist harmonious society.'' In contrast to the
heavy-handed approach to Muslims in the XUAR, officials in Ningxia,
Gansu, Qinghai, and Yunnan provinces generally did not interfere
heavily in Muslims' activities.
On October 27, a Xinjiang court sentenced Uighur Christian house
church leader Alimujiang Yimiti to 15 years in prison on charges of
``divulging state secrets.'' Yimiti was originally accused of engaging
in illegal religious activities in the name of business and preaching
Christianity to ethnic Uighurs, according to an overseas NGO. At year's
end his case was on appeal. In 2008 the Kashgar District Intermediate
People's Court tried Yimiti on the charge of endangering national
security but eventually returned his case to prosecutors due to
insufficient evidence. The UN Working Group on Arbitrary Detention
declared Yimiti's arrest and detention arbitrary in 2008.
Harassment of unregistered Catholic bishops, priests, and
laypersons continued, including government surveillance and detentions.
On March 31, Bishop Jia Zhiguo was arrested again. At year's end his
whereabouts were unknown. There was no new information about
unregistered Bishop Su Zhimin, who remained unaccounted for since his
reported detention in 1997.
The Catholic Patriotic Association (CPA) did not recognize the
authority of the Holy See to appoint bishops. However, it allowed the
Vatican's discreet input in selecting some bishops.
The distinction between the official Catholic Church, which the
government controlled politically, and the unregistered Catholic Church
was less distinct than in the past. In some official Catholic churches,
clerics led prayers for the pope, and pictures of the pope were
displayed. An estimated 90 percent of official Catholic bishops have
reconciled with the Vatican. Likewise, the large majority of Catholic
bishops appointed by the government have received official approval
from the Vatican through ``apostolic mandates.''
Authorities continued a general crackdown on groups considered to
be ``cults.'' These ``cults'' included not only Falun Gong and various
traditional Chinese meditation and exercise groups (known collectively
as ``qigong'' groups) but also religious groups that authorities
accused of preaching beliefs outside the bounds of officially approved
doctrine.
Public Falun Gong activity in the country remained negligible, and
practitioners based abroad reported that the government's crackdown
against the group continued. In the past the mere belief in the
discipline (even without any public practice of its tenets) sometimes
was sufficient grounds for practitioners to receive punishments ranging
from loss of employment to imprisonment. Falun Gong sources estimated
that since 1999 at least 6,000 Falun Gong practitioners had been
sentenced to prison, more than 100,000 practitioners had been sentenced
to RTL, and almost 3,000 had died from torture while in custody. Some
foreign observers estimated that Falun Gong adherents constituted at
least half of the 250,000 officially recorded inmates in RTL camps,
while Falun Gong sources overseas placed the number even higher.
Falun Gong members identified by the government as ``core leaders''
were singled out for particularly harsh treatment. More than a dozen
Falun Gong members were sentenced to prison for the crime of
``endangering state security,'' but the great majority of Falun Gong
members convicted by the courts since 1999 were sentenced to prison for
``organizing or using a sect to undermine the implementation of the
law,'' a less serious offense. Most practitioners, however, were
punished administratively. Some practitioners were sentenced to RTL.
Others were sent to ``legal education'' centers specifically
established to ``rehabilitate'' practitioners who refused voluntarily
to recant their belief in public after their release from RTL camps.
Government officials denied the existence of such ``legal education''
centers. In addition, hundreds of Falun Gong practitioners were
confined to mental hospitals, according to overseas groups.
Police continued to detain current and former Falun Gong
practitioners and used possession of Falun Gong material as a pretext
for arresting political activists. The government continued its use of
high-pressure tactics and mandatory anti-Falun Gong study sessions to
force practitioners to renounce Falun Gong. Even practitioners who had
not protested or made other public demonstrations of belief reportedly
were forced to attend anti-Falun Gong classes or were sent directly to
RTL camps. These tactics reportedly resulted in large numbers of
practitioners signing pledges to renounce the movement.
The government supported atheism in schools. Authorities in many
regions barred school-age children from attending religious services at
mosques, temples, or churches and prevented them from receiving
religious education outside the home.
Official religious organizations administered local religious
schools, seminaries, and institutes to train priests, ministers, imams,
Islamic scholars, and Buddhist monks. Students who attended these
institutes had to demonstrate ``political reliability,'' and all
graduates had to pass an examination on their political, as well as
theological, knowledge to qualify for the clergy. The government
permitted registered religions to train clergy and allowed an
increasing number of Catholic and Protestant seminarians, Muslim
clerics, and Buddhist clergy to go abroad for additional religious
studies, but some religion students had difficulty getting passports or
obtaining approval to study abroad. In most cases foreign organizations
provided funding for such training programs.
The five PRAs published religious literature, and state-run
publishing houses published religious materials. However, printing of
the Bible was limited to Amity Press and to a few presses affiliated
with CPA dioceses that published the Catholic Bible. Bibles produced
through these means could be purchased at Three-Self Patriotic Movement
or CPA churches. The government authorized publishers (other than Amity
Press) to publish at least a thousand other Christian titles. Amity has
published more than 50 million Bibles for Chinese readership and
distributed them through a network of 70 urban distribution points and
a mobile distribution network that traveled to rural areas. Increased
demand for Bibles and other Christian literature was noted by groups
that print, buy, and sell Bibles, and members of unregistered churches
reported that the supply and distribution of Bibles was inadequate,
particularly in rural locations. Individuals could not order Bibles
directly from publishing houses. Customs officials continued to monitor
for the ``smuggling'' of religious materials into the country. In
recent years individuals were imprisoned for printing and receiving
unauthorized Bibles. Authorities in some areas reportedly confiscated
Bibles, Korans, and other religious material. In June Shi Weihan was
sentenced to three years in prison for ``illegal business practices''
(printing Bibles). The Xinjiang People's Publication House was the only
publisher officially permitted to print Muslim literature.
Societal Abuses and Discrimination.--There were no reports of
societal abuses of religious practitioners or anti-Semitic acts during
the year. The government does not recognize Judaism as an ethnicity or
religion.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at http://www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the government generally did not respect these
rights in practice. The government sometimes cooperated with the 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,
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 qualify for these benefits in practice.
Under the ``staying at prison employment'' system applicable to
recidivists incarcerated in RTL camps, authorities denied certain
persons permission to return to their homes after serving their
sentences. Some released or paroled prisoners returned home, but 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.
Most citizens could obtain passports, although those whom the
government deemed threats, including religious leaders, political
dissidents, and ethnic minorities, were refused passports or otherwise
prevented from traveling overseas. In July Tsering Woeser, a well-known
Tibetan writer, filed a lawsuit against the government for denying her
a passport for more than three years. At year's end she had not
received a passport. In Tibetan regions of Qinghai, Gansu, and Sichuan
provinces, in addition to the TAR, ethnic Tibetans experienced great
difficult 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.
On December 19, the Royal Government of Cambodia, at the request of
PRC authorities, forcibly returned a group of 20 Uighur asylum seekers
to the country.
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 838 Tibetans had arrived at the UNHCR
reception center in Kathmandu. The biggest disparities in arrivals
occurred during the heavily trafficked fall and winter months when
border security historically was weak. Decreased flows were attributed
to tightened security across Tibet, along the border and inland, in the
wake of the Lhasa crackdown in March 2008.
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. The government largely cooperated with the UNHCR when
dealing with the resettlement of ethnic Han Chinese or ethnic
minorities from Vietnam and Laos resident in the country. During the
year the government and 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, 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, and the UNHCR continued to have
limited access to North Korean refugees inside China. The lack of
access to UNHCR-supported durable solutions and options, as well as
constant fear of forced repatriation by authorities, left North Korean
refugees vulnerable to human traffickers. Even refugees under UNCHR
care were subjected to harassment and restrictions by authorities. 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 also arrested and detained
individuals who provided food, shelter, transportation, and other
assistance to North Koreans. According to reports, some activists or
brokers detained for assisting North Koreans were charged with human
smuggling, and in some cases the North Koreans were forcibly returned
to North Korea. There were also reports that North Korean agents
operated clandestinely within the country to forcibly repatriate North
Korean citizens.
The government does not grant refugee or asylum status to refugees
in China, although it allows the UNHCR more latitude in assisting non-
North Korean refugees. At year's end 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 Ministry of Civil Affairs, almost
all of the country's more than 600,000 villages had implemented direct
elections for members of local subgovernment 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 party 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.
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 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.
On September 15, 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. On October 16, after
spending nine months in prison, Guo Quan was sentenced to 10 years in
prison and 3 years of 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. One of the CDP's founders,
Qin Yongmin, who was imprisoned in 1998, remained in prison, as did
others connected with a 2002 open letter calling for political reform
and reappraisal of the 1989 Tiananmen uprising. More than 30 current or
former CDP members reportedly remained imprisoned or held in RTL camps,
including Chen Shuqing, Sang Jiancheng, He Depu, Yang Tianshui, and
Jiang Lijun. In January CDP member Wang Rongqing was sentenced to six
years' imprisonment for ``subversion against the state'' after
publishing articles critical of the political system. In August CDP
member Zhang Lin was released from prison.
The government placed no special restrictions on the participation
of women or minority groups in the political process. However, women
held few positions of significant influence in the CCP or government
structure. There was one female member of the CCP's 25-member
Politburo, who also concurrently served as one of five state
councilors. Women headed three of the country's 27 ministries.
The government encouraged women to exercise their right to vote in
village committee elections and to 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.
Minorities, who made up approximately 8.4 percent of the
population, constituted 13.9 percent of the 10th NPC. All of the
country's officially recognized minority groups were represented in the
NPC membership. The 17th Communist Party Congress elected 40 members of
ethnic minority groups as members or alternates on the Central
Committee. The only ministerial-level post held by an ethnic minority
member was in the Commission of Ethnic Affairs, headed by Yang Jing, a
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.
In the first six months of the year, the SPP reported that 9,158
corrupt officials were found guilty of offenses including embezzlement,
bribery, dereliction of duty, and rights violations. The party's
Central Commission for Discipline Inspection (CCDI) reported that
106,000 members had been found guilty of corruption during the year, an
increase of 2.5 percent over 2008. Of these, 85,353 received ``party
discipline'' punishment and 29,718 received ``administrative
punishment.''
Party leaders announced new measures to combat corruption at key
meetings, such as CCDI's annual conference on corruption in January and
the State Council's Second Work Conference on Building a Clean
Government in March. In addition, countering corruption, especially
monitoring funds spent on earthquake relief and in the massive stimulus
package, was a key theme during the NPC's March session. In April the
party began running 45 new anticorruption public service announcements
in print, radio, and television outlets across the country. For the
first time ever, in May more than 2,000 secretaries of county-level
discipline organs were summoned to Beijing for a ``focused training
course'' run by the CDIC. The government also set up a Web site to
allow the central government to directly receive accounts of corrupt
officials.
Numerous leaders of state owned enterprises, who generally also
hold high party rank, were investigated for corruption during the year,
including China National Nuclear Corporation General Manager Kang
Rixin; China Development Bank Vice President Wang Yi, who was expelled
from the party; China Mobile Vice Chairman Zhang Chunjiang; and Sinopec
former Vice Chairman Chen Tonghai, who was sentenced to death--with a
two-year suspension--for corruption. In November 2008 Huang Guangyu,
the founder of Gome Electrical Appliance Holding and the country's
richest man, was detained on unspecified charges of ``economic
crimes,'' along with numerous government officials, including the
following: Chen Shaoji, the chairman of the CPPCC's Guangdong
Provincial Committee; Wang Huayuan, who was the highest-ranking
anticorruption official in Zhejiang Province; Zheng Shaodong, the
assistant minister of public security of Guangdong and head of that
ministry's economic crimes investigation bureau; and his chief deputy,
Xiang Huaizhu. Shenzhen mayor Xu Zongheng was dismissed in relation to
this case and remained under investigation.
The Ministry of Supervision and the CCDI are responsible for
combating government corruption.
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 quasigovernmental, 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, 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 Abuse, and Trafficking in Persons
There were laws designed to protect women, children, persons with
disabilities, and minorities. However, some discrimination based on
ethnicity, gender, and disability persisted.
Women.--Rape is illegal, and some persons convicted of rape were
executed. The law does not recognize expressly or exclude spousal rape.
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. Deng Yujiao was found ``guilty of intent to harm'' but
was not sentenced to prison after she stabbed a local official to death
when he reportedly attempted to sexually assault her. The All-China
Women's Federation (ACWF) advocated for ``fair treatment'' of Deng
during the trials. Deng Yujiao was released after her trial on June 17.
Violence against women remained a significant problem. According to
a 2008 survey by the 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 such 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 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.
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 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 a district court in
Zhejiang Province granted the province's first antidomestic-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.
Although prostitution is illegal, experts estimated that between
1.7 million and 6 million women were involved in prostitution in the
country. According to MPS statistics, police investigated approximately
140,000 cases of prostitution annually. During the year the MPS
launched a three-month crackdown on organized prostitution targeting
individuals or groups who force, tempt, permit, or introduce women to
prostitution; operators of entertainment venues that permit or
introduce prostitution; and anyone who conducts illegal activities with
minors. July MPS statistics reported that police arrested 3,311
suspects who allegedly forced, abetted, harbored, or introduced women
to prostitution and solved 2,503 cases related to prostitution,
including 363 cases involving minors. A total of 457 criminal gangs
were broken, and another 40 suspects were arrested for underage sex
offenses.
Despite official accounts of efforts to crack down on the sex
trade, media reports claimed that some local officials were complicit
in prostitution, owned prostitution venues, or received proceeds from
such businesses. Media reports also claimed prostitution involved
organized crime groups and businesspersons as well as the police and
military. Social workers reported that high-profile entertainment
centers that had powerful, behind-the-scenes supporters were beyond the
reach of public security bureaus.
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; however, the country's birth limitation policies retained
harshly coercive elements in law and practice. The financial and
administrative penalties for unauthorized births are strict. Although
some officials suggested that adjustments to the policy were needed to
address the problem of an unequal sex ratio at birth, the government
continued to affirm the orientation of its family-planning policy at
the highest levels. There was no information on whether women and men
had equal access to diagnosis and treatment for sexually transmitted
infections, including HIV.
The 2002 National Population and Family-planning Law standardizes
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. 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. 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.
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.
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.
Hunan Province required individuals conceiving children out of wedlock
to pay 6 to 8 percent of their income from the previous year in
addition to the standard social compensation fee. The law states that
family-planning bureaus will conduct pregnancy tests on married women
and provide them with unspecified ``follow-up'' services. Some
provinces fined women who did not undergo periodic pregnancy tests. For
example, in Hebei Province fines ranged from RMB 200 to RMB 500
(approximately $30 to $70), and in Henan Province fines ranged from RMB
50 to RMB 500 ($7 to $70).
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.
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.
On October 1, a new set of national family-planning regulations for
the migrant population became effective. The new regulations 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.
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 40 (the official retirement age
for men was 60 and for women 55, with the exception of men and women
involved in physically demanding jobs, for which the retirement age was
55 and 45, respectively). In addition, work units were allowed to
impose an earlier mandatory retirement age for women than for men.
Lower retirement ages also reduced pensions, which generally were based
on the number of years worked. Job advertisements sometimes specified
height and age requirements for women.
Women had less earning power than men, despite government policies
mandating nondiscrimination in employment and occupation. 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. The Beijing
Psychological Crisis Study and Prevention Center reported that the
suicide rate for females was three times higher than for males. Many
observers believed that violence against women and girls,
discrimination in education and employment, the traditional preference
for male children, 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.
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.
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.
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.
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 trafficked;
however, according to media reports, as many as 20,000 children were
kidnapped every year for illegal adoption. Most children trafficked
internally were sold to couples unable to have children, particularly
sons. Those convicted of buying an abducted child may be sentenced to
three years' imprisonment. In the past most children rescued were boys,
but increased demand for children reportedly drove traffickers to focus
on girls as well.
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 girl 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 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 August 2008 state media reported that the
number of children in rural areas left behind by their migrant worker
parents totaled 5.8 million.
The law forbids the mistreatment or abandonment of children. The
vast majority of children in orphanages were girls, many of whom were
abandoned. Boys in orphanages were usually disabled or in poor health.
Medical professionals sometimes advised parents of children with
disabilities to put the children into orphanages.
The government denied that children in orphanages were mistreated
or refused medical care but acknowledged that the system often was
unable to provide adequately for some children, particularly those with
serious medical problems. Adopted children were counted under the birth
limitation regulations in most locations. As a result, couples that
adopted abandoned infant girls were sometimes barred from having
additional children.
Trafficking in Persons.--The law prohibits trafficking in women and
children; however, there were reports that men, women, and children
were trafficked to, from, through, and within the country for sexual
exploitation and forced labor. Criminal law defines trafficking as
purposefully selling women or children to make a profit, through
abduction, kidnapping, buying, trading, or transporting.
The government built on past efforts to combat trafficking,
modifying countertrafficking regulations to strengthen the government's
response to sex and labor trafficking, and conducting significant and
new campaigns to prosecute traffickers and rescue trafficking victims.
The MPS and 30 other government departments and agencies jointly issued
National Plan of Action (NPA) implementation guidelines to restructure
government antitrafficking work processes, assign responsibilities, and
coordinate intragovernment cooperation. The SPP issued guidelines for
prosecuting human trafficking cases. The central government changed
local security officials' promotion criteria to include
countertrafficking work and instructed public security bureaus
nationwide to immediately investigate missing person or trafficking
cases as criminal cases.
In April the MPS initiated a new campaign to combat trafficking in
women and children. From April to December, the MPS reported rescuing
nearly 3,500 children and 7,400 women trafficking victims, breaking up
1,684 criminal gangs in the process. Through the use of a DNA matching
database, the identities of 298 trafficked persons have been confirmed.
During the year prosecution and conviction of trafficking offenders
increased, mostly focused on those trafficking women and children.
Authorities investigated and dismantled criminal networks and organized
crime syndicates involved in trafficking and by December had arrested
19 of the country's 20 most-wanted human traffickers; they were
awaiting prosecution at year's end. The government recognized the need
to do more to provide services to trafficking victims. The government
increased antitrafficking cooperation with other countries and
international organizations and worked to raise public awareness on
trafficking in persons. However, the country's capacity to effectively
protect victims and prevent trafficking in persons did not reach
international standards.
The country was a source, transit point, and destination for
trafficking in persons. The vast majority of trafficking was internal
for the purposes of sexual exploitation, forced labor and begging, and
forced marriage. Women and children, who made up 90 percent of reported
trafficking cases, were often trafficked from poorer, rural areas where
they were abducted or lured to urban centers with false promises of
employment and then trafficked into prostitution or forced labor. The
media and NGOs estimated that between 10,000 and 20,000 were trafficked
internally annually.
Domestic and cross-border trafficking continued to be significant
problems, although the exact number of persons involved could only be
estimated, due in part to an itinerant population of approximately 150
million. The MPS reported 2,500 cross-border trafficking cases in 2008,
although experts claimed the number was much higher.
The government reported strengthening its prosecution of
trafficking. In April Hebei Provincial Higher People's Court sentenced
two persons to death and nine others to various sentences, ranging from
four years in prison to the death penalty with a reprieve, for a series
of child-trafficking cases involving seven children across Henan,
Hebei, and Shandong provinces. Also in April police detained two
persons suspected of trying to traffic 300 youths to Costa Rica.
In May Guizhou authorities launched a campaign to crack down on the
forced prostitution of girls following a scandal in which 11 Xishui
County schoolgirls were forced into the sex trade. The campaign, which
lasted until the end of the year, also targeted those who force minors
to beg or commit crimes. In June state media reported that police
rescued 23 children during a crackdown on child trafficking. State
media reported the Wuhan Rail Bureau apprehended 18 suspects in an
eight-day campaign targeting trains arriving from Kunming, Yunnan
Province. In August the government repatriated six trafficked Burmese
women following a joint operation by Chinese and Burmese security
forces.
Some experts and NGOs suggested that trafficking of persons was
fueled by economic disparity and the effects of population-planning
policies and that a shortage of marriageable women increased the demand
for abducted women, especially in rural areas. The serious imbalance in
the male-female ratio at birth, the tendency for women to leave rural
areas to seek employment, and the cost of traditional betrothal gifts
all made purchasing a wife attractive to some poor rural men. Some men
recruited women from poorer regions, while others sought help from
criminal gangs. UN research indicated most women trafficked internally
were taken from areas with a very low GDP to areas with a very high
GDP. Once in their new ``families,'' these women were ``married'' and
sometimes became victims of forced labor or rape. Some joined their new
communities, others struggled and were punished, and a few escaped.
Some former trafficking victims became traffickers themselves, lured by
the prospect of financial gain.
Most cross-border trafficked women and girls came from Vietnam,
Burma, North Korea, Mongolia, and Russia. Others came from Laos and
Ukraine. All were trafficked into the country for sexual exploitation,
forced marriage, and indentured servitude in domestic service or
businesses. Many North Korean women and girls were trafficked into the
country to work in the sex industry and for forced marriages and other
purposes, including forced labor. Because the government continued to
classify all North Korean trafficking victims as economic migrants,
they were routinely deported. North Korean women reportedly were sold
for RMB 2,900 to RMB 9,700(approximately $425 to $1,420). The UN
reported that Chinese citizens were most often trafficked to Malaysia,
Thailand, the United Kingdom, and the United States. Second-tier
destinations included Australia, European countries, Canada, Japan,
Burma, Singapore, South Africa, and Taiwan.
Trafficked persons sometimes became entangled with alien smuggling
rings, which often had ties to organized crime and were international
in scope. Persons trafficked by alien smugglers paid high prices for
their passage to other countries, where they hoped their economic
prospects would improve. Some reportedly promised to pay RMB 231,000 to
RMB 385,000 (approximately $33,790 to $56,320) for passage. Upon
arrival many reportedly were forced to repay traffickers for the
smuggling charges or a larger amount at high interest rates, and in
some cases in addition to their living expenses by working for a set
period of time. Living and working conditions for trafficked persons
were poor. Traffickers restricted their victims' movements and
confiscated their travel documents. Threats to report trafficking
victims to authorities or to retaliate against families made trafficked
persons even more vulnerable.
Criminal law prohibited trafficking, kidnapping, and sexual
exploitation of minors. Persons convicted of engendering forced
prostitution, abduction, or commercial exploitation face criminal
sanctions; convictions for trafficking minors carry heavier sentences,
such as a death sentence. Victims and their families can bring civil
suits against offenders, but few civil suits made it beyond initial
stages. Those that did encountered obstacles claiming compensation.
In April more than 100 parents in Guangdong Province protested the
authorities' poor response to the alleged abduction of more than 1,000
children from the area over the past two years. During the year the
government began to address child abduction and trafficking through
stepped-up investigations and informational campaigns, sponsoring
workshops for migrant worker parents on the dangers of child
trafficking, meeting with parent and civic groups, and establishing a
nation-wide DNA database to reunite rescued children with their
families.
NGOs reported an increase in child trafficking and children forced
to work as beggars, petty thieves, and prostitutes, especially in rural
areas. Some children, including Uighurs, worked in factories, but many
ended up under the control of local gangs. Five ministries on the State
Council issued regulations during the year imposing obligations on
government officials to combat child trafficking, particularly for
purposes of forced begging; nevertheless, experts noted that forced
child labor and sexual exploitation continued to be serious problems in
many cities.
MPS officials stated that repatriated victims of trafficking no
longer faced fines or other punishment upon their return. However,
authorities acknowledged that some victims continued to be sentenced or
fined because of corruption among police, the difficulty in identifying
trafficked victims, and provisions allowing for the imposition of fines
on persons traveling without proper documentation. Trafficking victims
often lacked proper identification, which made it difficult to
distinguish them from persons who illegally crossed borders. The MPS
trained border officials to spot potential victims of trafficking, and
it opened seven border liaison offices on the Burma, Laos, and Vietnam
borders to process victims. However, the ACWF reported that ongoing
problems required intervention to protect trafficking victims from
unjust punishment.
Trafficking victims often were returned to their homes without
access to counseling or psychological care; however, in areas where
trafficking in persons was prevalent, there was evidence that local and
security officials worked with NGOs to provide victims access to
medical services and counseling. Some NGOs provided victims with
counseling or psychological care. The government's victim assistance
efforts across the country remained uncoordinated, underdeveloped, and
insufficient, although it took steps to rectify this problem through
training and capacity-building programs in conjunction with
international NGOs. Trafficking victims returning to China from abroad,
for example, rarely received assistance from authorities, who largely
were unaware of the victims and their plight. The government did not
provide any assistance to Chinese sex-trafficking victims identified in
Ghana, who faced threats and retaliation from their traffickers.
The law criminalizing the purchase of women makes abduction and
sale separate offenses. There were reports of local officials'
complicity in both alien smuggling and in prostitution, which sometimes
involved trafficked women. In some cases village leaders sought to
prevent police from rescuing women who had been sold to villagers.
Authorities did not take sufficient steps to deter or prevent
trafficking-related corruption in the country.
The government continued to centralize and institutionalize its
antitrafficking work. The 2007 NPA on Combating Trafficking of Women
and Children formalized cooperation among government agencies and
established a national information and reporting system. However, there
were no measures for resources to be allocated to local and provincial
governments for implementation. Additionally, the NPA covered only
trafficking of female and minor victims and did not address labor
trafficking or male victims of sex trafficking. During the year
implementation procedures and regulations were formulated by 30
ministries and government entities. While all provinces under the NPA
are required to create provincial-level plans to combat trafficking, by
the end of the year only a handful of provinces had created and were
actively implementing such plans. The government continued to make some
progress in strengthening its antitrafficking legal framework; the
highest court issued instructions on prosecuting traffickers.
The MPS reported that its primary focus in implementing the NPA was
to guarantee that provincial government and local public security
bureaus took on antitrafficking work and that the local antitrafficking
procedures were correct. The MPS issued regulations to standardize
local public security officials' antitrafficking methods and for the
first time tied security official's professional advancement to their
efforts to assist antitrafficking work. The MPS also launched its sixth
special campaign to combat trafficking in women and children. The
campaign's mandate was to reduce trafficking in women and children by
solving a large number of trafficking cases, rescuing victims,
eliminating a large number of trafficking gangs, and apprehending a
large number of traffickers.
Principal government agencies responsible for combating trafficking
or assisting its victims were the MPS, the State Council's Work
Committee for Women and Children, the Ministry of Civil Affairs (MCA),
and the ACWF. While the government made increased efforts to assist
victims of trafficking, the protection, return, and reintegration of
trafficking victims needed greater improvement. Central government
policy allows for provision of funds to provincial governments and
local police to house victims and return them to their homes, although
it remained unknown whether this resource was used. Government-funded
women's federation offices and other women's organizations provided
some counseling on legal rights, rehabilitation, and other assistance
to trafficking victims, although lack of funding reportedly limited
services in many areas.
The ACWF assisted some victims in obtaining medical and
psychological treatment. Overseas NGOs provided treatment to
trafficking victims and conducted educational outreach programs to
educate rural youth about the dangers of trafficking. The government
and NGOs also supported centers in communities with large numbers of
migrant laborers to train members of at-risk groups to avoid being
trafficked and to get out of trafficking situations. The MCA began
training staff at the 1,351 MCA relief centers for disadvantaged
persons nationwide in identifying and providing services to trafficking
victims. However, the country continued to lack comprehensive,
countrywide victim protection services. Anecdotal evidence suggested
that trafficking victims residing in provinces that lacked a large
trafficking problem--and therefore a robust antitrafficking program--
had difficulty accessing assistance and services.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 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 63,400 new enrollments, bringing the total
number of children with disabilities at school to 419,000. 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 against minorities, which remained the
source of deep resentment in the XUAR, Inner Mongolia Autonomous
Region, and Tibetan areas. In September 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 the 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 to move
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 deep
source of Uighur resentment. Discriminatory hiring practices gave
preference to Han and discouraged job prospects for ethnic minorities.
According to 2005 statistics published by XUAR officials, eight million
of the XUAR's 20 million official residents were Han. Hui, Kazakh,
Kyrgyz, Uighur, and other ethnic minorities comprised approximately 12
million XUAR residents. Official statistics understated the Han
population, because they did not count the tens of thousands of Han
Chinese who were long-term ``temporary workers.'' While the government
continued to promote Han migration into the XUAR and fill local jobs
with migrant labor, overseas human rights organizations reported 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 measures to reduce education in ethnic minority
languages in XUAR schools and to institute language requirements that
disadvantaged ethnic minority teachers. The government continued to
apply policies that prioritized Mandarin Chinese for instruction in
school, thereby reducing or eliminating ethnic-language instruction.
Graduates of minority language schools typically needed intensive
Chinese study before they could handle Chinese-language course work at
a university. The dominant position of standard Chinese in government,
commerce, and academia put graduates of minority-language schools who
lacked standard Chinese proficiency at a disadvantage.
During the year authorities increased repression in the XUAR and
targeted the region's ethnic Uighur population. On July 5, a Uighur
demonstration was forcefully suppressed by police, and outbreaks in
violence throughout the region following the crackdown drew an
international spotlight on longstanding ethnic tensions in the XUAR and
Uighurs' grievances toward government policies that undermined the
protection of their rights. In late 2008 and during the first half of
the year, officials in XUAR reiterated 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 instead actually used
to target those peacefully seeking to express their political or
religious views. The government continued to repress Uighurs expressing
peaceful political dissent and independent Muslim religious leaders,
often citing counterterrorism as the reason for taking action.
Uighurs were sentenced to long prison terms, and in some cases
executed, on charges of separatism. The government reportedly sought
the repatriation of Uighurs living outside the country, where they
faced the risk of persecution.
Freedom of assembly was severely limited during the year in the
XUAR. On September 8, 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 5 riots in
Urumqi.
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, Tohti Tunyaz, Adduhelil Zunun, Abdulghani Memetemin, and
Nurmuhemmet Yasin.
During the year XUAR officials defended the campaign against
separatism and other emergency measures taken as necessary to maintain
public order and continued to use the threat of violence as
justification for extreme security measures directed at the local
population and visiting foreigners.
In September 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
brought economic improvements to the XUAR, Han residents received a
disproportionate share of the benefits.
(See also 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.
On March 30 and April 3, approximately 50 gay men were reportedly
detained in Renmin Park in Guangzhou and questioned by police. On
August 25, police in Guangzhou tried again to remove a group of gay men
from Renmin Park. The men refused, and after a nonviolent standoff, the
police desisted.
In June the first gay pride festival took place in Shanghai. Also
in June the Beijing Queer Film Festival was held. Police had blocked
previous attempts to hold the festival.
Homosexual plotlines and scenes are not allowed on broadcast
television. While there is no legal prohibition against the
registration of lesbian, gay, bisexual, or transgender student groups,
none were allowed to register at any universities.
In July a group of lesbians organized an online petition calling on
the government to rescind a 1998 law banning gay persons 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.
Despite provisions in the new Employment Promotion Law,
discrimination against persons with HIV/AIDS and hepatitis B carriers
(including 20 million chronic carriers) remained widespread in many
areas. Persons with HIV/AIDS suffered discrimination, and local
governments sometimes tried to suppress their activities. At the same
time, international involvement in HIV/AIDS prevention, care, and
treatment, as well as central government pressure on local governments
to respond appropriately, brought improvements in some localities. Some
hospitals that previously refused to treat HIV/AIDS patients had active
care and treatment programs because domestic and international training
programs improved the understanding of local healthcare workers and
their managers. In Beijing dozens of local community centers encouraged
and facilitated HIV/AIDS support groups.
Some NGOs working with HIV/AIDS patients and their family members
continued to report difficulties with local governments, particularly
in Henan Province. 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.
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.'' While ACFTU constituent unions
were generally unassertive and ineffective in protecting the rights and
interests of members, the ACFTU successfully advocated for and
positively influenced the implementation of government policies
protecting rights and interests of workers.
The ACFTU and its provincial and local branches continued to
organize new unions at a rapid pace. According to the latest available
ACFTU data, as of September 2008 there were 212 million ACFTU members,
a net increase of 72.1 percent from 2003. The ACFTU claimed that 73.7
percent of workers were ACFTU members. The number of ACFTU-affiliated
trade union organizations increased to 1.7 million by September 2008,
up 9.8 percent over 2007 and up 90.4 percent over 2003. A total of 3.7
million enterprises established trade union organizations, up 15.3
percent over 2007 and up 133.9 percent over 2003. Additionally, the
ACFTU continued its campaign to target foreign-invested enterprises and
announced that by the end of 2008, the number of trade union members in
foreign-invested enterprises across the country (including Hong Kong,
Macau, and Taiwan-invested enterprises) had reached 15.9 million and
the rate of unionization in such transnational corporations had reached
83 percent.
Twelve Taiwan employees in Xiamen became members of the Xiamen
General Labor Union, officially joining the mainland ACFTU-affiliated
labor union. This was the first time the ACFTU accepted Taiwan
employees.
Although the law states that trade union officers at each level
should be elected, most 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
organization. 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.
While many labor rights NGOs and lawyers were able to operate
effectively, authorities continued to monitor labor rights
organizations closely. Labor rights organizations reported close
surveillance by government security agencies, and in some cases they
were warned to stop their activities in support of worker rights.
During the year many groups reported an increase in monitoring in
advance of sensitive anniversaries.
In some cases authorities interfered with the programs or
activities of labor organizations. For example, in June trade union
officials in Shaanxi Province reportedly threatened founders of a new
workers' rights group. More than 380 workers from approximately 20
enterprises in Shaanxi applied to the provincial party committee and
trade union federation to set up the Shaanxi Enterprise Union Rights
Defense Representative Congress to supervise existing unions and
resolve issues by creating more effective unions. The municipal
government of Xi'an formally banned the group, and union officials
threatened some of the application signatories.
In August local press reported that Zhao Dongming was arrested for
applying to establish a trade union in Xian. In September, following
the Tonghua Iron and Steel protests, Ren Fengyu was sentenced to RTL
for 18 months for posting a notice at a factory demanding to select
worker representatives.
In November labor NGOs reported that in Hubei Province, Yang
Huanqing, a laid-off community-operated school teachers'
representative, was sentenced to one year of RTL. The RTL notice
received by Yang's family claimed that Yang organized teachers to
petition, met with other teachers' representatives, and petitioned with
other representatives.
Labor activists detained in previous years reportedly remained in
detention at year's end, including Wang Sen, Ni Xiafei, Li Xintao, Hu
Mingjun, Li Wangyang, Luo Huiquan, Kong Youping, Ning Xianhua, Li
Jianfeng, Lin Shun'an, Chen Wei, She Wanbao, and Zhu Fangming.
The right to strike is not protected in law. 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
limited tolerance for strikes while others continued to treat worker
protests as illegal demonstrations. Without a clearly defined right to
strike, workers had only a limited capacity to influence the
negotiation process.
During the year there were many reports of strikes or work
stoppages throughout the country, and official media more aggressively
publicized cases of worker rights violations and protests. The most
publicized of these were three large-scale protests at state-owned
enterprise (SOE) steel and coal plants in Jilin, Henan, and Hunan
provinces. As a result of planned privatization of these SOEs, workers
initiated large-scale strikes involving thousands of workers, one of
which, in Jilin, resulted in the death of a manager. The privatization
of the two steel SOEs was cancelled.
Official media also more aggressively publicized worker protests
other than strikes, involving actual or feared job loss, wage or
benefit arrears, dissatisfaction with new contracts offered in
enterprise restructuring, failure to honor contract terms, or
discontent over substandard conditions of employment. Representative
examples of the countless number of worker protest actions that
occurred included the following: taxi drivers in northeastern
Mudanjiang City staged sit-ins before local party and government office
buildings to protest the local government's plan to reform the taxi
operating system; more than 400 motorcycle taxi drivers held a rally to
protest a government ban on their business in Quanzhou, Fujian
Province; hundreds of workers at a holding company of a foreign company
in Wuhan City blocked a major road to protest potential job cuts; more
than 5,000 taxi drivers in Xining, the capital of Qinghai Province,
protested because of news that a new regulation would curtail the
duration of their operating licenses; more than 400 workers blocked a
road in a protest over unpaid wages in southwest China's Chongqing
Municipality; and in Beijing more than 20 construction workers occupied
a 17-floor block of apartments and demanded unpaid back wages. In
November nearly 3,000 female workers of a German-invested company in
Hainan Province went on strike to press their demands on bonuses, pay,
and vacations.
On July 13, the SPC announced that labor disputes climbed by 30
percent in the first half of the year, with dramatic increases of 41.6
percent, 50.3 percent, and 159.6 percent in Guangdong, Jiangsu, and
Zhejiang, respectively. Much of this increase was due to the continued
implementation of the three new labor laws, workers' increased
knowledge of their rights under these laws, and workers' increased
willingness to pursue their rights by filing claims. An ACFTU official
was quoted by the press as reporting that, by the end of November, in
Beijing approximately 80,000 workers were involved in disputes with
their employers, double the number from 2008. During the year Beijing's
arbitration committee received more than 70,000 cases of labor
disputes, compared with 49,000 during the same period in 2008 and
26,000 in 2007. In addition, Beijing's Second Intermediate People's
Court reported that during the year labor dispute cases doubled
compared with the previous year.
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.
Although the central government had not clarified the meaning of this
article, some local jurisdictions interpreted it as a mandate for
collective bargaining and reflected such an interpretation in local
regulations on collective contract negotiations. In 2008 the ACFTU also
called on its local organizations to carry out more aggressively their
mandate to conclude collective contracts with employers.
The ACFTU reported that by September 2008, 1.1 million collective
contracts were signed nationwide (an increase of 13.6 percent from
2007) covering 1.9 million enterprises (up 11.9 percent) and 149.6
million workers (16.6 percent). As of September 2008, 60.2 percent of
the workers in enterprises throughout the country were covered by
collective contracts. The ACFTU also engaged in a campaign to target
transnational enterprises and noted as an example that collective
contracts had been signed in Walmart's 108 unionized enterprises in the
country.
The law provides for labor dispute resolution through a three-stage
process: mediation between the parties, arbitration by officially
designated arbitrators, and litigation. The 2008 labor dispute
mediation and arbitration law improved workers' access to and
streamlined this three-stage process. As noted above, the number of
labor disputes nationwide rose significantly, which experts claimed was
due in large part to an increase in workers' awareness of the laws and
reduction in costs that a worker would incur in the process.
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.
Workers and their advocates suffered harassment and intimidation
from officials and from by criminal elements often hired by employers.
For example, in January in Shenzhen Province, local press reported that
a developer who owed a contractor a significant amount of money
colluded with police to violently attack and prosecute 47 wage-seeking
workers, who claimed that they had not received wages for six months.
Fifty-two migrant workers protested in Beijing against their employer,
demanding unpaid wages. According to press reports, they were severely
beaten and then arrested. In February more than 1,000 mostly female
workers from a textile factory in Sichuan Province gathered to petition
the government to demand legally entitled compensation. Police and
security guards were dispatched to disperse the protesters; five
workers were injured in the confrontation, and three were detained but
later released by the police.
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. In February two persons who
admitted imprisoning and beating workers (resulting in the death of an
elderly worker) at their illegal brickyard in Shaanxi were sentenced to
18 months and 12 months (suspended for two years), respectively, in
prison.
In May a forced labor case at a brick kiln in Anhui Province was
exposed. According to local press accounts, police rescued 32 persons
with mental disabilities, who had been forced to work as slave
laborers, from brick kilns in Zhuanji and Guangwu townships and
arrested 10 persons.
Forced labor remained a serious problem in penal institutions. 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 cooperated with international officials to
investigate an allegation of exported prison labor goods, allowing
visits to a prison facility to investigate allegations that prison-made
goods were being exported. Information about prisons, including
associated labor camps and factories, was tightly controlled.
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. However,
implementation of new labor laws, along with workers' increased
knowledge of their rights under these new laws, reportedly reduced
these practices.
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 labor in mines.
Social compliance auditors working for foreign buyers continued to
report some use of child labor in factories producing for export. There
were some reports that schools supplied factories with illegal child
labor under the pretext of vocational training. The International Trade
Union Confederation (ITUC) alleged that the program used forced child
labor to make up for school budget shortfalls, including in dangerous
and labor-intensive industries such as fireworks manufacturing and
cotton harvesting. The ITUC further alleged that teachers and children
reported they were pressured to meet daily quotas or faced fines if
they failed to meet production targets. Other industries reportedly
employing forced child labor include bricks, cotton, electronics, and
toys.
On April 6, Liu Pan, a 17-year-old migrant worker from Sichuan
Province, was killed in a workplace accident at the Yiuwah Stationary
factory in Dongguan, Guangzhou Province. In a follow-up investigation,
a local labor NGO reported several labor law violations at the factory,
including that underage and child labor were widespread at the factory,
with workers as young as 13 being hired in busy seasons. To settle
claims related to his death, local press reported that Liu Pan's family
accepted a settlement from the factory.
In November one child died and 11 children were critically injured
in an explosion at an illegal fireworks shop near Guilin. Two owners of
the workshop were in police custody on charges of employing child labor
and producing dangerous goods without a license. The children, ages 7
to 15, were local students paid to make firecrackers at the workshop
after school.
In June a local blogger posted photographs of child laborers in
Wuhan, including two school-age children repairing vehicles outside.
In July 2008 party secretary Ji Bingxuan of Heilongjiang directed
local police to rescue Du Xiguang, a 14-year-old migrant child worker
in Harbin, and instructed local police to ensure that no business in
the city hired children.
On April 1, the government announced a reward system to encourage
persons to report the use of child labor, and it continued to react
strongly to any publicized cases of child labor. However, many experts
believed that child labor could not be eliminated without reform of
rural education system and increased rural economic activity.
e. Acceptable Conditions of Work.--There was no national minimum
wage, but the labor law requires local governments to set their own
minimum wage according to standards promulgated by the Ministry of
Human Resources and Social Security. These standards include the
minimum cost of living for workers and their families, levels of
economic development, and employment in the area, as well as the level
of social insurance and other benefits contributions paid by the
employees themselves. Labor bureaus set these standards to cover basic
needs. The regulation states that labor and social security bureaus at
or above the county level are responsible for enforcement of the law.
It provides that where the ACFTU finds an employer in violation of the
regulation, it shall have the power to demand that the relevant labor
bureaus deal with the case.
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. Legal aid lawyers and
government sources reported that nonpayment or underpayment of wages
accounted for a large portion of labor disputes. The incidence of wage
arrears continued to increase early in the year as many of the
country's export-oriented manufacturers, facing a sharp decline in
orders from overseas, began to lay off large numbers of workers.
The estimated 230 million migrant workers 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, particularly in the private sector and in
enterprises that used low-skilled migrant or seasonal labor.
There was inadequate enforcement of wage regulations, and a
significant percentage of labor disputes filed by workers were due to
insufficient overtime payments. There were reports that companies
required workers to sign false contracts and often maintained
fraudulent records to deceive government inspectors and factory
auditors.
Other illegal practices effectively reduced workers' wages,
including arbitrary fines and wage deductions levied by employers for
alleged breaches of company rules.
While many labor laws and regulations on worker safety are fully
compatible with international standards, implementation and enforcement
were generally poor. The Ministry of Human Resource and Social Security
reported that in 2008 there were only 23,000 full-time professional
inspectors and indicated that there were areas in which a single labor
inspector would be responsible for more than 50,000 workers.
Inadequate and poorly enforced occupational health and safety laws
and regulations continued to put workers' health and lives at risk. The
State Administration for Work Safety (SAWS) 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.
Businesses and factories that violate occupational hazard
regulations face closure and a maximum penalty of RMB 300,000
(approximately $44,000); they also are required to inform employees
about possible occupational hazards and their consequences and provide
occupational hazards prevention training. In addition, employers are
required to give their workers necessary health checkups and buy
protective gear for employees working around hazards. Businesses that
violate the provision received a warning from SAWS, ordering them to
correct the practice within a time limit. Enterprises that did not
correct the problem within the time limit were fined.
The coal industry continued to have a high incidence of accidents
and fatalities, but SAWS reported that annual deaths from coalmine
accidents dropped 62.4 percent from a peak of 6,995 in 2002 to 2,630
during the year, and the death rate per million tons of mined coal has
dropped 84.4 percent from 2000. Independent labor groups stated the
actual casualty figures could be much higher, since many accidents were
covered up.
The government continued efforts to improve mine safety, which
included a policy of consolidating the industry into larger, better-
regulated mining companies. In December the government announced that
it had closed approximately 1,000 small coal mines during the year,
cutting down the total number of coal mines to 15,000 across the
country. (This followed a similar number of shutdown mines in 2008). In
May the government launched a new nationwide safety inspection program
for small coal mines. The campaign, to be jointly carried out by the
National Development and Reform Commission, the State Energy
Administration, SAWS, and the State Administration of Coal Mine Safety,
targeted small mines with an annual production capacity of less than
300,000 tons.
Many workers encountered difficulties in obtaining compensation for
work-related injuries. In July migrant miner Zhang Haichao voluntarily
underwent surgery to open up his chest to prove he had pneumoconiosis,
an occupational lung disease, after repeated attempts to claim
compensation for pneumoconiosis failed. After proving the lung disease,
Zhang finally received compensation. According to official media
reports, more than 100 migrant workers in Shenzhen who claimed
compensation due to pneumoconiosis were refused by the local
occupational health authority due to their lack of written labor
contracts.
The government sought to prosecute some employers responsible for
work-related accidents. The most highly publicized was the State
Council's decision to impose harsh criminal and disciplinary penalties
on 169 persons held responsible for five major accidents in 2007 and
2008. The cases, involving 131 individuals, were handed over to
judicial departments for criminal prosecution. The five accidents
included a 2007 mine blast in Linfen, Shanxi Province, that killed 105;
an April 2008 train collision that claimed 72 lives; and a September
2008 landslide at an unlicensed iron ore tailings facility, also in
Linfen, that killed 277 persons.
In addition, in May police detained the manager and four production
and management directors of a privately owned mine in Dengfeng after
seven persons died of gas poisoning and the managers tried to cover up
the accident. In June four construction officials and a driver were
arrested for actions that allegedly caused the deaths of 11 miners at
the Majialiang coal mine in Shanxi Province, where concentrations of
toxic gas were too high. In August police detained 11 individuals for
allegedly covering up a coal mine accident that left six persons dead
in Shanxi Province. In September authorities prosecuted 13 officials
and managers after two mining accidents in Henan Province caused at
least 57 deaths. In December a local court in Hebei Province handed
down sentences, including one death penalty, to 21 persons connected
with a fatal mine explosion that claimed 26 lives in 2008.
__________
TIBET
The United States recognizes the Tibet Autonomous Region (TAR) and
Tibetan autonomous prefectures, counties, and townships in other
provinces to be a part of the People's Republic of China. The Tibetan
population within the TAR was approximately 2.8 million, while the
Tibetan population outside the TAR was an estimated 2.9 million. The
government strictly controlled information about, and access to, the
TAR and Tibetan areas outside the TAR, making it difficult to determine
accurately the scope of human rights abuses. The government intensified
these controls following the March 2008 unrest in Tibetan areas and
continued the policy during the year.
The government's human rights record in Tibetan areas of China
remained poor, and the severe repression of freedoms of speech,
religion, association, and movement that increased dramatically
following the March 2008 Lhasa riots and subsequent unrest that
occurred across the Tibetan Plateau continued during the year.
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.
In March 2008 monks and nuns from a number of monasteries in Lhasa
and other Tibetan communities mounted peaceful protests to commemorate
the anniversary of the 1959 Tibetan uprising. After four days the
protests and security response devolved into rioting by Tibetans and a
violent police crackdown in Lhasa. Some protesters resorted to
violence, in some cases deadly, against Han and Hui residents. The
ensuing police actions resulted in an unknown number of deaths,
injuries, arrests, and human rights abuses. During the year a number of
Tibetans, especially monks, were sentenced to prison for their role in
the 2008 protests and riots.
A significant number of People's Armed Police (PAP) remained in
many communities across the Tibetan Plateau during the year. The
fallout from the protests continued to affect the human rights
situation in Tibetan regions of China.
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.
On January 23, Pema Tsepag died of injuries sustained during
beatings by authorities after he and two other Tibetan youths protested
in Dzogang County, Chamdo Prefecture, calling for independence for
Tibet and a boycott of the Tibetan New Year.
According to the Tibetan Centre for Human Rights and Democracy
(TCHRD), on March 25, public security agents killed 27-year-old monk
Phuntsok Rabten of Drango Monastery in Drango County, Kardze (Ganzi),
Sichuan Province, for distributing leaflets calling for a work strike.
In March Panchou Lede, a monk from the Hor Drago Monastery, was
killed in a clash that erupted between Tibetan farmers and soldiers
when the farmers refused to sign a pledge committing to keep a certain
percentage of their land under cultivation. According to press reports,
the monk had been organizing farmers to refuse to plant crops.
In August, according to TCHRD reports, 32-year-old Kalden, a monk
from Drepung Monastery, died after being tortured in a Lhasa prison.
Kalden was arrested in March 2008, and his relatives were not informed
of his detention location.
Following the outbreak of protests in 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.
According to official media, in April Lobsang Gyaltsen and Loyak
were sentenced to death for their participation in the 2008 riots in
Lhasa on charges related to ``starting fatal fires.'' The government
confirmed that they were executed on October 23. Reports of a third
Tibetan executed at the same time could not be confirmed.
Disappearance.--Following the March 2008 riots in Lhasa,
authorities arrested Tibetans arbitrarily, including monks and nuns,
many of whom remained missing. Official statistics for the number
detained were incomplete and covered only limited areas. On February
10, 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.
According to the International Campaign for Tibet, Northwest
Nationalities University student Tashi Rabten disappeared in July, soon
after publication of his book Written in Blood. Tashi Rabten had edited
a banned collection of writings on the March 2008 demonstrations.
Documentarian Dhondup Wangchen remained in an undisclosed prison
near Xining, Qinghai Province. Authorities forced Dhondup Wangchen to
fire his original Beijing-based defense counsel and told his family
that only lawyers based in Qinghai Province could represent him.
Qinghai authorities refused a request by foreign diplomats to observe
his trial. On December 28, a court in Qinghai Province sentenced
Dhondup Wangchen to six years in prison for making a film critical of
human rights conditions in Tibet. At year's end there was no
information on where he was serving his sentence.
There was no information on the whereabouts of five monks,
including Sonam Rabgyal, Damdul, and Rabgyal, who disappeared following
an April 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 November 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 government officials in Tibet told
a visiting foreign delegation that Gendun Choekyi Nyima was ``growing
up very well, loves Chinese culture and enjoying his life.'' The
officials asserted that his identification as the 11th Panchen Lama was
``illegal.''
Torture.--The security regime employed torture and degrading
treatment in dealing with some detainees and prisoners. Tibetans
repatriated from Nepal reportedly suffered torture, including electric
shocks, exposure to cold, and severe beatings, and were forced to
perform heavy physical labor. Prisoners were subjected routinely to
``political investigation'' sessions and were punished if deemed
insufficiently loyal to the state.
In March police severely beat 21-year-old Tibetan nun Lobsang
Khandro from the Gema Dra-wok Nunnery for carrying out an individual
protest in Kardze (Ganzi) Prefecture. She carried pamphlets and some
prayer flags and shouted calls for freedom and the Dalai Lama as she
walked to the Kardze (Ganzi) Prefecture government headquarters.
On May 24, according to the TCHRD, police injured six persons in
Tawu County of Kardze (Ganzi) Prefecture, Sichuan Province, while
breaking up a protest against a hydroelectric project.
According to numerous sources, many of those detained after the
rioting in March 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.
During his trial, which began on April 21, Phurbu Tsering Rinpoche,
head of Pangri and Yatseg nunneries in Kardze (Ganzi), who was arrested
in March 2008, claimed that 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 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).
On May 3, Tibetan monk Jigme Guri from the Labrang Monastery was
released from prison. He alleged that prison authorities beat him
repeatedly during two months of detention beginning in March 2008.
According to Jigme, the beatings left him unconscious for six days, and
he required two hospitalizations.
Prison Conditions.--The mass detentions connected with the March
2008 unrest amplified already crowded and harsh prison conditions. Some
prisons used forced labor, including those in the public security
reeducation through labor system (RTL), to which prisoners may be
assigned for two years without court review, detention centers, and
prison work sites. The law states that prisoners may be required to
work up to 12 hours per day, with one rest day every two weeks, but
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 having to ``sleep'' side by side with 20 to
30 cell mates 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. Police legally may detain
persons for up to 37 days without formally arresting or charging them.
Following the 37-day period, police must either formally arrest or
release the detainees. Police must notify the relatives or employer of
an arrested person within 24 hours of the arrest. In practice police
frequently violated these requirements.
Official state media reported the detentions of 4,434 persons in
Tibetan areas (1,315 in Lhasa) between March and April 2008, although
in November 2008, official media reported that approximately 1,317
persons were arrested, 1,115 of whom were released afterwards. Overseas
organizations and the Tibet government-in-exile 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.
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 the year. 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 Congressional Executive
Commission on China's political prisoner database, at year's end there
were 754 Tibetan political prisoners imprisoned in Tibetan areas.
However, the actual number of Tibetan political prisoners and detainees
was believed to be much higher. Of the 754 documented currently
detained political prisoners and detainees, 715 were detained on or
after the March 2008 protests and 447 political prisoners and detainees
were Tibetan Buddhist monks and nuns. At year's end the commission's
database contained sentencing information on only 148 of the Tibetan
political prisoners. The judicial system imposed sentences on these 148
political prisoners ranging from one year to life imprisonment. An
unknown number of prisoners continued to be held under the RTL system.
On February 5, six Tibetans in Kardze (Ganzi) Prefecture, Sichuan,
were sentenced from 18 months to three years in prison for
participating in protests.
On May 21, according to the TCHRD, Tsultrim Gyatso, a monk of
Labrang Monastery in southern Gansu Province, was sentenced to life
imprisonment for ``endangering state security.''
The TCHRD reported that on July 3, the Lithang County, Kardze
(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.
On August 13, the TCHRD 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.
According to the Agence France Presse, early in the year
authorities handed down sentences ranging from three years to life in
prison to a total of 76 persons involved in the March 2008 riots. In
April Lobsang Gyaltsen and Loyak were sentenced to death for setting
fires to shops that reportedly resulted in seven deaths, and they were
executed in October. Two others were given suspended death sentences.
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 remained in a
Sichuan prison on firearms 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 March 2008 protests continued serving prison
terms.
According to the TCHRD, the PSB arrested Kunga Tsayang, a monk from
the Amdo Labrang Tashi Kyil Monastery, during a late-night raid on
March 17; at year's end his whereabouts remained unknown. The reported
disappearance of Kunga Tsayang was part of a continuing sweep of
Tibetan Internet writers that began after the March 2008 unrest. On
November 12, he was sentenced to five years in prison on charges of
disclosing state secrets in a closed-door trial by the Kanlho
Intermediate People's Court in Gannan, Gansu Province.
The following persons also remained in prison: Rongye Adrak; Adak
Lupoe; lama Jigme Tenzin (Jinmei Danzeng) aka Bangri Chogtrul; Jarib
Lothog; monk Lodroe; Khenpo Jinpa; Jarib Lothog; art teacher and
musician Kunkhyen; Buchung; Penpa; and 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.
Denial of Fair Public Trial.--Legal safeguards for Tibetans
detained or imprisoned were inadequate in both design and
implementation. Most judges in the TAR had little or no legal training.
According to a TAR Bureau of Justice official, all seven cities and
prefectures had established legal assistance centers that offered
services in the Tibetan language. Prisoners may request a meeting with
a government-appointed attorney, but in practice many defendants did
not have access to legal representation.
Lawyers who volunteered to represent detainees involved in the
March 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 involving 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 March 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.
In November 2008 the Sichuan 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 May 2008.
In late December Phurbu Tsering Rinpoche, a senior religious leader
who allegedly had been tortured to get a false confession, was
sentenced to eight-and-a-half years in prison on weapons charges
following the riots in Tibet. Prosecutors maintained that a pistol and
ammunition were found during a police raid, but Phurbu Tsering Rinpoche
countered 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).
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.
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
were frequently expelled despite new government rules, adopted in
October 2008, that state foreign journalists no longer need the
permission of local authorities to conduct reporting.
In March the Foreign Correspondents' Club of China 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.
For example, on February 27, PSB authorities detained Edward Wong
and Jonathan Ansfield, two New York Times reporters, in Gansu Province
for nearly 24 hours and forced them to board a flight back to Beijing
the next day. On March 8, police detained Isabel Hormaeche, a producer
with broadcaster TVE, and her team in Sichuan Province. Some of their
materials were confiscated, and they were escorted out of the region.
On March 9, authorities detained Beniamino Natale, a reporter with ANSA
news agency, along with two colleagues for more than two hours after
they visited a monastery in Qinghai Province. At approximately the same
time, police repeatedly detained and followed Katri Makkonen of the
Finnish Broadcasting Company on the road from Tongren to Xining,
Qinghai Province. No explanation was given for the police actions.
In August Reporters Without Borders reported the arrests of four
Tibetan writers: Zhuori Cicheng, the monk Gang Ni, journalist Tashi
Rabten (aka Therang), and Kang Gongque. Kang Gongque was sentenced to
two years in a Sichuan Province prison.
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 Oslo-based Voice of Tibet. In Tibetan areas
of southern Gansu Province and the Kardze (Ganzi) Tibetan Autonomous
Prefecture, Sichuan Province, police confiscated or destroyed satellite
dishes suspected of receiving VOA Tibetan language television as well
as VOA and RFA audio satellite channels. Some Tibetans reported that at
times they were able to receive such radio broadcasts despite frequent
jamming. Some Tibetans were able to listen to overseas Tibetan-language
radio and television on the Internet.
Cell phone service 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).
Officials also routinely denied foreign media representatives
access to Tibetan areas, ostensibly out of concern for their safety.
Domestic journalists reporting on repression in Tibetan areas faced
punishment.
Internet Freedom.--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. On March 24, government censors
blocked the YouTube site after a video purporting to show police
beating a Tibetan monk appeared on the site.
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 blunt censorship,
with entire sites closed down even when the content did not appear to
touch upon sensitive topics.
On February 26, 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 he was sentenced to 15 years
in prison on charges of disclosing state secrets.
According to the Dui Hua Foundation, 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, distort the true situation to incite
separatism.''
In February both Internet and cell phone text messaging was cut off
in various parts of Kardze (Ganzi) and Aba prefectures in the TAR.
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.
Rapid economic growth, the expanding tourism industry, the forced
resettlement of nomads, and the introduction of more modern cultural
influences continued to disrupt traditional living patterns and
customs.
The 2002 revision of the 1987 Regulation on the Study, Use, and
Development of the Tibetan Language in the TAR formally lowered the
status of the Tibetan language from the primary working language to an
optional language in many official contexts.
In January the Lhasa Municipal PSB began a city-wide ``strike
hard'' campaign. 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.
According to a foreign press report, more than 5,000 suspects were
investigated, and at least 81 were detained. Human rights groups
believed the motive behind the ``strike hard'' campaign was to harass
human rights activists and supporters of Tibetan independence.
Many Tibetans both inside and outside the country advocated that
the Losar Tibetan New Year holiday, which fell on February 25, be a day
of remembrance and prayer, rather than celebration, in light of the
deaths that occurred in 2008. To counter this Losar boycott, officials
in many Tibetan regions ordered Tibetans to celebrate the holiday. In
some Tibetan areas, authorities distributed fireworks to government
offices and work units with orders that workers participate in
celebrations. The state media devoted heavy coverage to Losar
activities. More than 100 monks from Lutsang Monastery, in Guinan,
Qinghai Province, conducted a candlelight vigil on the Tibetan New Year
and a peaceful march to the county government headquarters. They were
arrested, and all but six were released a few weeks later. In April
four of the monks were sentenced to two years in prison.
On March 28, the TAR celebrated a newly created holiday, ``Serf
Emancipation Day,'' to mark the day in 1959 that China's rulers
formally abolished the Dalai Lama's regional government. Government-
orchestrated celebrations included a large ceremony in the square of
the Potala Palace and a televised musical gala. In the run-up to the
new holiday, the official media launched a new round of criticism of
the Dalai Lama. A government white paper released prior to the holiday
stated the Dalai Lama's family once owned 6,000 slaves, and the
country's liberation of Tibetan serfs ``is entirely comparable to the
emancipation of slaves in the American Civil War.''
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.
On November 24, the Chinese government reported that the railroad into
the TAR had carried 8.3 million passengers and 62.21 metric tons of
freight since its opening in 2006.
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.
Tibetan and Mandarin are official languages in the TAR, and both
languages appeared on public and commercial signs. Mandarin was widely
spoken and was used for most official communications. The illiteracy
rate among Tibetans was more than five times higher (47.6 percent) than
the national average (9.1 percent), according to 2000 census data. In
many rural and nomadic areas, children received only one to three years
of Tibetan-language education before continuing their education in a
Mandarin-language school. According to official figures, the illiteracy
rate among youth and working-age adults fell from 30.9 percent in 2003
to 2.4 percent in 2008. However, the illiteracy rate for this group was
much higher in some areas. According to a 2006 report by the Xinhua
News Agency, a looser definition of literacy was used for Tibetan
speakers than for Mandarin speakers in rural Tibet. Tibetan-speaking
peasants and nomads were considered literate if they could read and
write the 30 letters of the Tibetan syllabary and read and write simple
notes. Mandarin-speaking nomads and herders were considered literate if
they could recognize 1,500 Chinese characters.
The government established a comprehensive national Tibetan-
language curriculum, and many elementary schools in Tibetan areas used
Tibetan as the primary language of instruction. Tibetan students also
were required to study Chinese, and Chinese generally was used to teach
certain subjects, such as arithmetic and science. In middle and high
schools--even some officially designated as Tibetan schools--teachers
often used Tibetan only to teach classes in Tibetan language,
literature, and culture and taught all other classes in Chinese.
As a practical matter, proficiency in Mandarin was essential to
qualify for higher education. China's most prestigious universities
provided 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, since much of the curriculum, such as computer
and business courses, was in Mandarin.
Leading universities generally required English language
proficiency for matriculation. Most graduates of Tibetan schools,
however, learned only Mandarin and Tibetan and were thus unable to
attend the better universities. This resulted in a shortage of Tibetans
trained in science and engineering and, consequently, a near-total
reliance on imported technical specialists from outside the TAR to work
on development projects inside the TAR.
Freedom of Religion.--While the law provides for freedom of
religious belief, the level of actual religious freedom remained poor.
During the year the government maintained tight control over the
teaching and practice of Tibetan Buddhism. During the year the CCP
continued its efforts to discredit the Dalai Lama as a religious leader
and link reverence for him with political opposition to the government
and the CCP.
Press and NGO reports suggested that continued tight government
controls on religious practices and places of worship in Tibetan areas,
in addition to social and economic factors, were among the major
reasons for the buildup of resentments that led to the widespread
protests that began in March 2008. Although authorities permitted many
traditional practices and public manifestations of belief, they
promptly and forcibly suppressed activities they viewed as vehicles for
political dissent or advocacy of Tibetan independence, including openly
worshipping the Dalai Lama. Government officials closely associated
Buddhist monasteries with pro-independence activism in Tibetan areas.
During the year authorities locked down many monasteries across
Tibetan areas, detaining and physically abusing an unknown number of
monks and nuns or expelling them from their monasteries. At year's end
more than 500 monks from other Tibetan areas outside of the TAR who
were expelled from monasteries in Lhasa in 2008 had not been permitted
to return. In some Tibetan regions, local PSBs installed cameras and
opened police substations inside monasteries to monitor the behavior of
monks.
On July 24, according to the TCHRD, Lobsang Tsultrim, the
disciplinary head monk of the Jachung Monastery in a Qinghai Province,
was expelled from his monastery and forbidden to join any other
monastery after no monk turned up for a ``patriotic education'' session
officials ordered him to call. Lobsang Tsultrim was accused of opposing
the ``patriotic education'' campaign.
Following the March 2008 unrest, authorities forced many monks to
attend weekly, sometimes daily, political education sessions. This
policy continued during the year, although the frequency and intensity
of these campaigns declined. During the year ``patriotic education''
and ``legal education'' programs continued to be held at monastic
institutions, workplaces, businesses, and schools. In some areas these
political education campaigns involved forced denunciations of the
Dalai Lama. Officials also forced monks to remove portraits of the
Dalai Lama from prayer halls and personal residences, although
enforcement varied significantly by region. Restriction on religious
expression was most intense at high-profile monasteries, such as
Drepung and Sera in Lhasa, in Kardze (Ganzi), and Kirti Monasteries in
Sichuan, Labrang in Xiahe, Gansu Province and Kumbum near Xining,
Qinghai province.
Security measures intensified in the TAR and other Tibetan areas
during the Dalai Lama's birthday, sensitive anniversaries, like the
50th anniversary of the 1959 Tibetan uprising in March, and festival
days. The prohibition on celebrating the Dalai Lama's birthday on July
6 continued.
The government continued to ban pictures of Gendun Choekyi Nyima,
the boy recognized by the Dalai Lama as the Panchen Lama. Photographs
of the ``official'' Panchen Lama, Gyaltsen Norbu, were not widely
displayed except at some high-profile monasteries under tight
government control and then only at the insistence of government
leaders. However, photographs of the previous Panchen Lama, his
daughter, and the Karmapa (the leader of Tibetan Buddhism's Karma Kagyu
schools and one of the most influential religious figures in Tibetan
Buddhism who fled to India in 1999) were widely sold and displayed. The
ability of Tibetan Buddhist monks and nuns to possess and display
photographs of the Dalai Lama varied greatly depending on location. In
general rural monasteries rarely visited by Han tourists and officials
were able to display photographs of the Dalai Lama. In some
monasteries, monks were able to display photographs of the Dalai Lama
in their private quarters, although such images were not always allowed
to be shown in public areas.
The government restricted ethnic Han Buddhists from living and
studying in monasteries in the TAR and other Tibetan areas. Monks
outside the TAR desiring to study in the TAR are required to obtain
official permission from the religious affairs bureaus (RABs) of their
home province and the TAR or Tibetan area involved, and such permission
was not readily granted.
Although Tibetan monks were not allowed to conduct large-scale
religious teachings outside Tibetan areas, many monks continued to give
private teachings to audiences in non-Tibetan regions of China.
According to reports, ethnic Han Buddhists outside Tibetan areas were
sometimes discouraged from inviting Tibetan monks to give teachings.
Such visits required explicit permission from both the monk's local RAB
and the receiving province's RAB. Nevertheless, Tibetan monks sometimes
traveled in plain clothes outside the TAR and other Tibetan areas to
teach.
Monasteries in the TAR and major monasteries in other Tibetan areas
were not allowed to establish relationships with other monasteries or
hold joint religious activities. One example was the repeated refusal
of authorities in Barkham County in the TAR to grant permission to hold
an annual religious event at the Tsodham Monastery. This event,
scheduled to take place in early 2010, would have brought together
monks from 50 monasteries in the Kham and Amdo areas of the TAR.
The government continued to fund restoration efforts of religious
and cultural sites as part of its program to develop tourism in Tibetan
areas. Many Tibetans worried that the promotion of tourism to
monasteries distracted monks from their religious work.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
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. 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.
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 passports following the March 2008 protests. The
renewal of existing passports was also difficult for ethnic Tibetans.
In some cases, Tibetans had to promise not to travel to India to obtain
a passport. In some cases Tibetan students with scholarships to foreign
universities could not study abroad because authorities refused to
issue them a passport.
Tibetans continued to encounter substantial difficulties and
obstacles in traveling to India for religious, educational, and other
purposes. Government and CCP cadres in the TAR and Kardze (Ganzi)
Prefecture in Sichuan were not allowed to send their children to study
abroad. In addition to passport restrictions, reinforcement of border
posts made travel, such as pilgrimages to Nepal and 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 detention of persons,
particularly monks and nuns, returning from India and Nepal. Detentions
generally lasted for several months, although in most cases authorities
did not bring formal charges against prisoners.
Tight border controls sharply limited the number of persons
crossing the border into Nepal and India. The Tibet Reception Center in
Dharamsala, India, received 838 visitors during the year. While this
number was an increase from 2008, it was still down significantly from
previous years.
The Dalai Lama, the Karmapa, and leaders of all other schools of
Tibetan Buddhism remained in exile.
The government also regulated foreign travel to the TAR. In
accordance with a 1989 regulation, foreign visitors were required to
obtain an official confirmation letter issued by the PRC 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
March 2008 demonstration. Foreign tourists were again banned from the
TAR in March during the 50th anniversary of the 1959 Tibetan uprising.
After March the number of foreign tourists traveling to Tibet
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 again had their movements restricted within the city and
surrounding areas. PRC officials continued to severely restrict 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.
Official visits to the TAR were supervised closely and afforded
delegation members very few opportunities to meet local residents not
previously approved by the authorities. With the exception of a few
highly controlled trips, authorities repeatedly denied requests for
international observers to visit Tibetan areas to assess the situation.
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.
Migrants to the TAR overwhelmingly were concentrated in urban
areas, where government economic policies disproportionately benefited
Han Chinese. Small businesses, mostly restaurants and retail shops, run
by Han and Hui migrants predominated in cities throughout Tibetan
areas. Tibetans continued to make up nearly 98 percent of the rural
population, according to official census figures.
The government continued its resettlement campaign of Tibetan
nomads into urban areas across the TAR and other Tibetan areas.
Officials offered nomads monetary incentives to kill or sell their
livestock and move to newly created Tibetan communities. However,
reports existed of incidences of compulsory resettlement with promised
compensation that either failed to materialize or was inadequate.
In January 2007 TAR Party Secretary Zhang Qingli stated that the
restructuring of Tibetan farming and grazing communities was not only
to promote economic development but also to counteract the Dalai Lama's
influence. He also stated that to do so was essential for ``continuing
to carry out major development of west China.'' According to a March 20
Xinhua report on the progress to settle all 219,800 herder households
in the TAR, by the end of 2008, 200,000 households, including one
million farmers and herders, had been settled into permanent housing.
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 2008 state media report noted that Tibetans and other
minority ethnic groups made up 69 percent of government employees in
the TAR, ethnic Han continued to hold the top CCP positions in nearly
all counties and prefectures, including that of TAR party secretary.
Tibetans holding government positions were prohibited from worshipping
at monasteries or practicing their religion.
The economic and social exclusion of Tibetans was a major reason
why such a varied cross section of Tibetans, including business
operators, workers, students, university graduates, farmers, and nomads
participated in the 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 Han
Chinese were hired preferentially for many jobs and received greater
pay for the same work. Some Tibetans reported that it was more
difficult for Tibetans than Han to obtain permits and loans to open
businesses. The use of the Mandarin language was widespread in urban
areas and many businesses limited employment opportunities for Tibetans
who did not speak Mandarin. New 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.
Prostitution was a growing problem in Tibetan areas, and hundreds
of brothels operated semi-openly in Lhasa. International development
workers in the TAR reported there were no reliable data on the number
of persons engaged in the commercial sex trade in Lhasa and Shigatse,
the TAR's two largest cities. Some of the prostitution occurred at
sites owned by the CCP, the government, and the military. Most
prostitutes in the TAR were ethnic Han women, predominantly from
Sichuan Province. However, some ethnic Tibetans, mainly young girls
from rural or nomadic areas, also engaged in prostitution. While the
incidence of HIV/AIDS among those in prostitution in Tibetan areas was
unknown, the TAR Health Bureau reported 102 cases of HIV/AIDS in the
TAR between 1993 and 2009, including 28 new cases during January and
November. Lack of knowledge about HIV transmission and economic
pressures on women and girls engaged in prostitution led them to engage
in unprotected sex.
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
Chinese education statistics did not accurately reflect attendance and
were not independently verified.
The TAR is one of the few areas of China that does not have a
skewed sex ratio resulting from sex-selective abortion and inadequate
health care for female infants.
______
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 September 2008 elections that were
generally free and fair. Civilian authorities generally maintained
effective control of the security forces.
The government generally respected the human rights of its
citizens, although core issues remained. The SAR limits the ability of
citizens to participate in and change their government. Claims of press
self-censorship persisted. The legislature is limited in its power to
introduce or amend legislation and is not empowered to approve
executive appointments. Disproportionate political influence is granted
to certain sectors of society through the existence of small-circle
``functional constituencies,'' that elected half of the LegCo. Societal
prejudice against certain ethnic minorities persisted. The government
began steps to implement a minimum wage for all workers except live-in
domestic helpers and student interns, who lacked a guaranteed right to
bargain collectively.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings.
On March 17, a fatal police shooting occurred during an altercation
in which ethnic Nepali Dil Bahadur Limbu violently resisted a police
constable's request to examine his identity documents. The officer
reported he was unable to subdue Limbu with his baton or pepper spray
and that he fired on Limbu after Limbu ignored verbal warnings and
continued to threaten him with the sharp end of a broken chair. The
police conducted an internal investigation into the incident and
reported their findings to the coroner May 29. At year's end the
coroner's inquest was continuing.
Limbu's family and local activists expressed concern that the
police officer had given his warnings only in Cantonese (which Limbu
did not speak), as well as the subsequent decision to hold the
coroner's inquest in Cantonese (simultaneous interpretation was
provided in Nepalese and English for participants and observers in the
public gallery). The family requested an independent inquiry into the
incident. The LegCo's Security Panel called for an independent
investigation.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Basic Law prohibits torture and other forms of abuse,
and the government generally observed the prohibition in practice. In
the first half of the year, there were 184 allegations of assault by
police officers on persons in detention. As of June, 51 officers were
investigated with results endorsed by the Independent Police Complaints
Council (IPCC); the rest were pending at year's end. Investigations
found one case to be unsubstantiated, four to be false, and 14 to be
not pursuable; the remaining 32 allegations were withdrawn. There were
38 cases of assault by police officers on persons not in custody filed,
with 20 pending investigation as of June. Investigations into the
remaining 18 were endorsed by the IPCC, with three cases found not
pursuable and 15 complaints withdrawn.
The Police Force's Complaints Against Police Office (CAPO),
monitored by the IPCC, investigated an August 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.
On September 18, a police officer was sentenced to 12 years in jail
for accessing his colleagues' files and then, in four separate
incidents, sexually assaulting three of them and raping one. In
response to this incident and five other serious offenses committed by
police officers in 2008, the commissioner of police convened a
committee of senior officers and a representative of the Independent
Commission Against Corruption (ICAC) to consider ways to better monitor
officers' integrity and improve the police force's image. He also
announced changes to the police recruiting process to take effect in
2010.
Police use of strip searches during detentions of protesters and
criminal suspects, which the UN Committee Against Torture had
criticized in its 2008 Concluding Observations, remained a concern for
LegCo. A 2008 IPCC review of one case led the CAPO to rule in July that
repeated searches conducted each time an individual entered and
departed a holding facility were incorrect. The police amended their
general orders to allow searches at officer discretion, rather than
automatically, each time an individual reentered a detention facility.
The police also revised guidelines when some or all of a detainee's
clothing is removed, including providing a form explaining the reasons
for the search and giving the detainee the right to register a
complaint. In addition all full strip searches are reviewed by the
relevant assistant divisional commanders.
Police continued to defend the use of intrusive searches, noting
the large quantity of narcotics seized from persons attempting to
smuggle them into detention facilities. Correctional Services reported
98 seizures of illegal narcotics in the January to July period.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. The government permitted
monitoring visits by independent human rights observers and such visits
occurred during the year.
There are separate facilities for adult male and female prisoners
and for male and female juveniles. As of 2008 the total population in
prison, rehabilitation, or pretrial detention was 10,491: 8,259 male
and 2,232 female. As of June a total of 79 juveniles under age 16 were
serving sentences in penal, retraining, or rehabilitation facilities.
Through June the average prison occupancy rate was 94 percent.
Overcrowding occurred in some prisons, particularly in maximum security
prisons, pretrial detention facilities, and institutions for female
inmates. The Lo Wu Correctional Institution was being modified to
reduce overcrowding in facilities housing female inmates.
Between January and June, there were two deaths in police custody.
An inquest into one case led to a coroner's finding of death by
``natural causes.'' At year's end the second case was pending an
inquest.
On August 31, the High Court (Court of First Instance) ruled
against the system by which prison administrators adjudicated breaches
of discipline, using denial of sentence reductions as a penalty. The
decision called for an administrator not connected with the institution
in which the offense occurred to hear the case, that a standard of
``beyond a reasonable doubt'' be applied to the charges, and that the
proceedings be recorded to permit review.
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. A July 2008 bill provided a statutory basis for the
existing IPCC, which is charged with overseeing CAPO. The IPCC began
operations as a statutory body on April 1. It 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 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. In 2008 the UN Committee Against Torture, while ``welcoming
the enactment of the Independent Police Complaints Council
Ordinance.and the new Guidelines on Searching of Detained Persons,''
recommended that Hong Kong continue to take steps to establish a fully
independent mechanism mandated to receive and investigate complaints of
police misconduct.
In April activists and media expressed concern about absenteeism by
the IPCC vice chairmen and members. Some of the vice chairmen served
concurrently as legislators and cited conflicts with LegCo meetings. Of
the council's 18 members, the media reported that only three attended
all six of the IPCC's 2008 meetings.
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 average period of pretrial detention in the first half of the
year was 68 days. There is a functioning bail system, and detainees are
allowed prompt access to a lawyer and family members. The law provides
accused persons with the right to a prompt judicial determination.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected judicial
independence in practice. The judiciary 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,
the LegCo president, and the chief justice nominate the Hong Kong
members. Human rights and lawyers' organizations expressed concern that
this process, which can supersede the Court of Final Appeal's power of
final adjudication, could be used to limit the independence of the
judiciary or could degrade the court's authority.
Trial Procedures.--The law provides for the right to a fair public
trial, and an independent judiciary generally enforced this right in
practice. The judiciary was an active participant in the international
community of common law jurisprudence. A panel 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.
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 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.
Certain exemptions allow authorities to transfer personal data to a PRC
body for safeguarding the security, defense, or international relations
of the SAR and for the prevention, detection, or prosecution of a
crime. During the first half of the year, the commissioner investigated
563 complaints. Of the 383 completed investigations, 18 were found to
have violations, 278 cases were either rejected or resolved through
mediation without use of the commissioner's formal power of
investigation, 11 were resolved or rejected after formal investigation,
and 76 were withdrawn or found not pursuable.
In February and March, there were reports that Police Force and
Fire Services Department data were leaked on to the Internet because
officers used computers equipped with a file-sharing program. The
police agreed to implement recommendations from the PCPD to prevent
further data leaks.
The privacy commissioner ordered some private companies and a
public school to cease using biometric technology to record attendance,
on the grounds that such methods were ``excessive.'' The commissioner
did not declare biometric enrollment unlawful but stressed the need for
fairness and consent by employees. Companies responded by calling for
clearer regulation on the use of biometric technology.
The use of covert surveillance and the interception of
telecommunications and postal communications can be granted only to
prevent or detect ``serious crime'' or protect ``public security.'' A
2006 law established a two-tiered system for granting approval for
surveillance activities, under which surveillance of a more intrusive
nature requires the approval of a judge, and surveillance of a less
intrusive nature requires the approval of a senior law-enforcement
official. Applications to intercept telecommunications must involve
crimes with a penalty of at least seven years' imprisonment, while
applications for covert surveillance must involve crimes with a penalty
of at least three years' imprisonment or a fine of at least HK$ one
million (approximately $128,000). In 2008, 1,719 interceptions and 205
surveillances were authorized, leading to 603 arrests. There were 11
reported violations of the Communications and Surveillance Ordinance,
including one report that information that might be subject to legal
professional privilege was inadvertently intercepted.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the government generally respected these
rights in practice.
The Code of Ethics of the Hong Kong Journalists Association (HKJA)
states ``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 2008 report, Freedom House changed its description of press freedom
in the SAR from ``free'' to ``partly free.'' A July poll found that 49
percent of those polled believed the media practiced self-censorship.
During the year the HKJA expressed regret that Esquire magazine
removed 16 pages from a feature story on the 1989 Tiananmen massacre in
its June issue. Two senior managers in the magazine's parent company
hold positions in Mainland political consultative congresses, one at
the provincial and one at the national level.
Television Broadcasts (TVB), one of the SAR's two free-to-air
television stations, faced criticism at a public hearing held by the
Broadcasting Authority as part of the station's midterm license review
that it deliberately downplayed coverage of the June 4 candlelight
vigil to commemorate the Tiananmen massacre. TVB management countered
that more than a third of the day's 6 p.m. news broadcast was devoted
to the vigil and that the vigil was the lead story on the 11 p.m.
broadcast.
In February bodyguards for the student daughter of a foreign
country's leader assaulted two journalists outside her residence.
Several editorials, journalists, and democratic legislators condemned
the decision not to prosecute the bodyguards. In a separate incident,
the student's mother was not prosecuted for a January assault on a
photographer after the PRC authorities ruled that she enjoyed
diplomatic immunity.
Journalists and politicians across the political spectrum condemned
the September 4 detention and reported beating of three SAR journalists
covering protests in Xinjiang.
The government ended uncertainty regarding the future of
government-owned broadcaster Radio Television Hong Kong (RTHK) by
announcing that it would remain a government entity staffed by civil
servants. The RTHK staff, union, activists, and media expressed
concerns about the relationship between a new advisory board, to be
appointed solely by the SAR's CE, and the editorial independence of
RTHK news and programming. While the government stated that
independence will be protected in a new charter, and the director of
broadcasting said that final editorial decisions would lie with him,
there were concerns that the political clout of committee members, as
well as the committee's oversight of the station's budget, might allow
it to influence editorial policy.
International media organizations operated freely. Foreign
reporters needed no special visas or government-issued press cards. The
independent media were active and expressed a wide variety of views
without restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet; 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 International Telecommunication Union statistics for
2008, approximately 67 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 permits for public meetings
and demonstrations.
Approximately 150,000 persons joined the annual vigil commemorating
the June 4 Tiananmen massacre, the highest turnout in many years and
the largest such event anywhere in China. Approximately 50,000 persons
joined the annual July 1 democracy march. Both events were conducted
peacefully.
On August 14, the High Court (Court of First Instance) granted a
judicial review to a shipowner who was prevented from taking activists
to the Diaoyu Islands in May. The Marine Department stopped three
attempts by the ``Action Committee for Defending the Diaoyu Islands''
from traveling to the disputed waters (the Japanese claim the islands
as the Senkakus). The government claimed its decision rested on safety
concerns. Previous trips by the Action Committee to the Diaoyus in
similar vessels had been permitted.
On August 21, the High Court (Court of First Instance) found that
the removal of a pro-Tibetan protest led by student activist Christina
Chan Hau-man during the Olympic Torch relay May 2008 was justified.
Officers protecting Chan from counterdemonstrators felt they could not
adequately guarantee the safety of Chan's group, spectators, and the
police themselves. The court also ruled Chan's protest was both lawful
and peaceful.
Freedom of Association.--In the first half of the year, 1,195
societies were registered or exempted from registration under the
Societies Ordinance. No applications were rejected by the police.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
Societal Abuses and Discrimination.--No major societal abuses or
acts of religious discrimination, including anti-Semitic acts against
the small Jewish community, were reported during the year.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides residents freedom of
movement, freedom of emigration, and freedom to enter and leave the
territory, and the government generally respected these rights in
practice, with some prominent exceptions. 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.
The High Court (Court of Appeal) dismissed an appeal by Falun Gong
practitioners who challenged a 2003 decision by the Immigration
Department to bar from entry four activists traveling from Taiwan.
While affirming the decision, the court expressed concern at the
Security Bureau's (which oversees the Immigration Department)
destruction of relevant documents that may have shed light on the
decision, describing the action as a breach of the government's duty of
``full and frank disclosure.''
In a number of cases, persons traveling 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 activists or others 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 response to a June 3
question from the LegCo, the secretary for security stated the
Immigration Department ``does not have a 'black list' of persons not
allowed to enter the SAR.'' However, the media quoted the secretary as
telling LegCo that the Immigration Department did maintain a
``surveillance list.''
A number of activists traveling to participate in events relating
to June 4 were denied entry. Danish sculptor Jens Galschiot was refused
entry on May 30. Xiang Xiaoli, a veteran of the June 4 movement, was
denied entry on June 3. Three activists invited to attend a City
University forum on June 4 were denied entry. June 4 veterans Wang Dan
and Wang Juntao applied for and were denied Hong Kong visas by a PRC
diplomatic post (overseas, visas for Hong Kong are issued by PRC
diplomatic posts). Another June 4 veteran, Yang Jianli, was refused
entry to Hong Kong in May.
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 have been denied ``Home Return
Permits'' to visit the Mainland.
On occasion some of these legislators were permitted to visit the
Mainland. For example, in May a 25-member LegCo delegation visited
Guangdong Province in the PRC. Eleven members of the delegation were
associated with the SAR's democracy movement (pan-democrats), including
six without Home Return Permits. While 12 pan-democrats were invited to
join a September LegCo delegation to Sichuan Province, only two joined.
The media reported pan-democratic leaders expressed unhappiness that
some legislators in the caucus were not invited but denied there was a
boycott.
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, 5,184 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, and the government did not use,
forced exile.
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. The government's practice was to refer
refugee and asylum claimants to a lawyer or the UNHCR. In November 2008
the UN Committee Against Torture expressed concern that there was
``still no legal regime governing asylum and establishing a fair and
efficient refugee status determination procedure.''
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 3,772 persons were receiving assistance.
Those whose claims are pending have no legal right to work. 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 September the first such claimant was
approved to attend university as a part-time ``visiting student.''
A March 2 High Court (Court of First Instance) decision ruled
against the policy of charging claimants found to be working with
``overstaying `` on grounds that their release on recognizance
constituted authority from the director of immigration to remain in the
SAR. The government appealed the ruling, which reportedly resulted in
an increase in illegal immigration cases. On November 11, the LegCo
passed government-proposed amendments making it illegal for claimants--
who are otherwise regarded as illegal immigrants by the government--to
work or establish a business.
The UNHCR worked with potential host-country representatives to
resettle persons designated as refugees.
In December 2008 the High Court ruled in favor of six applicants
for relief from removal under the CAT. The applicants challenged the
SAR's process for handling their applications in a December 2007 case,
and the court found that the Immigration Department's process was not
sufficiently ``certain and accessible.''
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The right of residents to change their government peacefully is
limited by the Basic Law, which provides for the selection of the CE by
an 800-person election committee (composed of individuals who are
directly elected, indirectly elected, and appointed). The Basic Law
provides for the direct election of 30 of the 60 LegCo members. The
other 30 seats in the LegCo are elected by 28 functional constituencies
(FCs), which represent key economic and social sectors. As of 2008 the
28 FCs represented 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 less than 200
voters. FCs set their own voting rules, with some allowing heads of
corporations to vote on behalf of their companies. Persons with
interests in more than one sector represented by an FC may be able to
cast three or more votes (one in their geographic constituency and one
in each FC for which they meet eligibility requirements). The High
Court (Court of First Instance) struck down a legal challenge to
corporate voting December 10, ruling that the current 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 in practice.
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.
In June the LegCo passed the Voting by Imprisoned Persons Bill,
which guaranteed voting rights to prisoners.
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 September 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 returned uncontested.
In the first six months of the year, the ICAC received 209
election-related complaints. Of these, 188 were under investigation,
nine were deemed nonpursuable, and 12 were found to be unsubstantiated.
The Basic Law prohibits the LegCo from putting forward bills that
affect public expenditure, political structure, or government policy.
Bills that affect government policy cannot be introduced without the
CE's written consent. The government has adopted a very broad
definition of ``government policy'' to block private member bills, and
the president of the LegCo upheld the government's position. 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. Four political parties or movements
represented in the 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 the 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. It was
believed there were a number of ethnic minorities in senior civil
service positions. The requirement that civil servants pass
qualifications in both English and Chinese meant that most nonnative
speakers of Chinese failed to qualify.
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 ICAC.
In the first half of the year, the ICAC received 498 reports of
corruption involving government institutions or personnel. Of that
total, 223 were under investigation, 164 were deemed nonpursuable, and
111 were found to be unsubstantiated.
There are no legal protections for whistleblowers. In an April
submission to the 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 were also 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 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 its annual report, the Office of
the Ombudsman reported receiving 21 code-related complaints, up from 16
in 2008. The report expressed concern at ``instances of departments
refusing information requests without providing any reasons or with
reasons not specified in the code.'' The ombudsman also observed
instances of ``gross misunderstanding or misinterpretation of the code
or its spirit.'' In its annual report, the HKJA called on the
government to pass a formal freedom of information law.
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.
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.
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, 52
rape cases and 647 indecent assault cases were reported to the police.
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 2,311 cases of domestic violence involving heterosexual partners,
of which 1,193 were found to be criminal and were 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.
In August 2008 the Domestic Violence (Amendment) Ordinance took
effect. It expands the scope of previous law to cover molestation
between married couples and heterosexual cohabitants, former spouses or
cohabitants, and immediate and extended family members. The revised law
provides better protection for victims under age 18, allowing them to
apply for an injunction in their own right, with the assistance of an
adult guardian, against molestation by their parents, siblings, and
specified immediate and extended family members. The new law also
empowers the court to require the abuser to attend an antiviolence
program. In cases 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.
Prostitution is legal, but there are laws against activities such
as public solicitation, causing or procuring another to be a
prostitute, living on the prostitution of others, or keeping a vice
establishment.
The 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 August 31,
the EOC had handled 355 complaints under the SDO.
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 were given equal access to diagnostic services
and treatment for sexually transmitted infections.
According to 2008 statistics compiled by the Census and Statistics
Department, approximately 30 percent of managers and administrators and
approximately 38 percent of professionals were women, with female
managers earning comparable pay to males. Approximately 73 percent of
clerks, 53 percent of service workers and shop sales workers, and 64
percent of unskilled workers were women. Census Bureau statistics
showed 48 percent of postsecondary degree holders were women, with
women holding 59 percent of postgraduate program teaching positions and
43 percent of postgraduate program research positions.
While the law treats men and women equally in terms of property
rights in divorce settlements and inheritance matters, in practice
women faced discrimination in employment, salary, welfare, inheritance,
and promotion. Women reportedly formed the majority of the working poor
and those who fall outside the protection of labor laws.
The government established a Women's Commission as an advisory body
for policy making, while a number of NGOs were also 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, which latter status 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 819 cases of crimes against
children reported to police: 355 involved physical abuse (referring to
victims younger than 14 years of age), and 464 involved sexual abuse
(referring to victims younger than 17 years of age). The Domestic
Violence Ordinance mandates substantial legal penalties for acts of
child abuse such as battery, assault, neglect, abandonment, sexual
exploitation, and child sex tourism, and the government enforced the
law.
The government provided parent education programs, including
instruction on child abuse prevention, in all 50 of the Department of
Health's maternal and child health centers. It also provided public
education programs to raise awareness of child abuse and alert children
about how to protect themselves. The Social Welfare Department provided
child psychologists for its clinical psychology units and social
workers for its family and child protective services units. The police
maintained a child abuse investigation unit and a child witness support
program. A law on child-care centers helped prevent unsuitable persons
from providing child care services.
Social service providers and the media remained concerned at the
rise in ``compensated dating'' 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. On July 27, a man
was sentenced to life imprisonment for the April murder and
dismemberment of a 16-year-old girl he met through a compensated dating
Web site.
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. Authorities posted warnings on five internet forums
and begun working with forum hosts on ways to prevent their being used
for compensated dating advertisements. In April police concluded
``Operation Whalediver,'' arresting 20 girls ages 13 to 16 and six
persons accused of being online pimps. By September the media reported
that police made 22 arrests and referred 13 girls to the Social Welfare
Department.
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.
Trafficking in Persons.--There is no consolidated antitrafficking
law; however, various laws and ordinances allow law enforcement
authorities to take action against traffickers.
The SAR was a point of transit and destination for persons
trafficked for sexual exploitation from the Mainland and Southeast
Asia. Sex trafficking cases detected by the government, NGOs, and
foreign consulates usually involved women recruited from rural areas of
the Mainland, Thailand, Indonesia, or the Philippines to work in the
SAR. While some had legal work visas, many arrived on 14-day tourist
visas with the intention of working illegally. A small number were
believed to have traveled on forged documents. The majority of these
women came to the SAR believing they would be employed in restaurants,
bars, and hotels, but upon arrival they were forced into prostitution
through debt bondage or physical coercion. Syndicates sometimes held
passports and travel documents until debts were paid. A smaller number
came illegally, either on their own or were recruited to work in the
legal sex trade, but fell victim to trafficking by their recruiters or
organized crime after their arrival.
Some foreign domestic workers, particularly those from Indonesia
and the Philippines, faced high levels of indebtedness assumed as part
of the terms of employment, which could in some cases lead to
situations of debt bondage if unlawfully exploited by recruiters or
employers. Many Indonesian domestic workers earned the minimum wage or
less and entered into contracts requiring them to pay as much as
HK$21,000 (approximately $2,700) to their Indonesian recruitment agency
within their first seven months of employment, amounting to roughly 90
percent of a worker's monthly salary if they were making minimum wage.
Although these fees are lawful, reports indicated they may make some
workers more vulnerable to labor trafficking. While these fees were
imposed by Indonesia-based recruitment agencies, some Hong Kong-
licensed recruitment agencies reportedly were involved. Some Hong Kong
agencies reportedly confiscated passports, employment contracts, and
ATM cards of domestic workers upon arrival and withheld them until the
debt had been completely repaid, factors that also may facilitate labor
trafficking.
Provisions in the Immigration Ordinance, the Crimes Ordinance, the
Employment Ordinance, and other relevant laws enable law enforcement
authorities to take action against trafficking in persons. The Security
Bureau oversees the police, customs, and immigration departments,
enforces antitrafficking laws, and combats migrant trafficking. The
courts can impose heavy fines and prison sentences of up to 14 years
for activities such as arranging passage of unauthorized entrants,
arranging entrance or exit of a person for the purpose of prostitution,
and aiding and abetting any person to use forged, false, or unlawfully
obtained travel documents.
However, the government's interpretation of trafficking continued
to focus on illegal migration and smuggling. The law does not classify
as a trafficking victim a voluntary migrant who, upon arrival, is faced
with a situation of labor trafficking or sex trafficking. Although law
enforcement officials received special training on handling and
protecting victims and vulnerable witnesses, including victims of
trafficking, they said it was difficult to identify trafficking victims
from among illegal immigrants, particularly when victims declined to
identify themselves or assist in investigations.
There were no reports that government officials participated in,
facilitated, or condoned trafficking, and no officials were prosecuted,
convicted, or sentenced to imprisonment or were removed from their
duties for trafficking during the year.
NGOs contended that the government did not pursue cases in which
workers reported that they received less than the legal minimum wage or
that their travel documents were unlawfully held. The government made
legal aid available to those taking legal action against an employer
and immunity from prosecution for those assisting in the investigation
and prosecution of traffickers. The Social Welfare Department and local
NGOs provided social services to victims of trafficking, but victims
are not permitted to work. Trafficking victims assisting in a
prosecution were given a stipend by the government regardless of
whether they ultimately served as a prosecution witness. The government
tried to prevent trafficking by distributing pamphlets and by other
public information campaigns, in a wide range of languages, on workers'
rights.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
access to health care, or the provision of other state services, and
the government effectively enforced these provisions.
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 approximately 15,000 persons were participating
in these programs.
As of March the government employed 3,223 civil servants with
disabilities, including 15 at the senior directorate grade, in a total
workforce of 155,128.
Instances of discrimination against persons with disabilities
persisted in employment, education, and the provision of some public
services. The Disability Discrimination Ordinance calls for improved
building access and sanctions against those who discriminate. Despite
inspections and the occasional closure of noncompliant businesses under
the Buildings Ordinance, access to public buildings (including public
schools) and transportation remained a serious problem for persons with
disabilities.
The EOC sponsored a variety of activities to address discrimination
against persons with disabilities, including offering youth education
programs, distributing guidelines and resources for employers, carrying
out media campaigns, and cosponsoring seminars and research.
National/Racial/Ethnic Minorities.--Although 95 percent ethnic
Chinese, 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 (RDO). 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.
A June report by the Census and Statistics Department showed that
acceptance of certain ethnic minorities by Chinese citizens was notably
lower than acceptance of noncitizen Chinese, Caucasians, Japanese, or
Koreans as tenants, employees, or classmates for their children.
The RDO and various implementing regulations entered into force on
July 10, 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.
In its ``Concluding Observations'' issued August 28, the UN
Committee on the Elimination of Racial Discrimination (CERD)
recommended ``that all government functions and powers be brought
within the scope of the RDO'' and ``the adoption of an equality plan
with a view to ensuring the effective implementation of the law.'' The
CERD also recommended that ``indirect discrimination with regard to
language, immigration status, and nationality be included among the
prohibited grounds of discrimination in the RDO.'' In response the
government stated that protection under the RDO applies equally to all
persons in the SAR. Conceding that ``the RDO does not specifically
cover all functions of the government,'' the government argued the RDO
does regulate the government with regard to employment, education, and
provision of services. The government also stressed that there were
organizations that deal with complaints against the government, and the
government is subject to both the Bill of Rights Ordinance and court
rulings on discrimination. Previously, the government argued that
broadening the law could affect the government's ability to function,
including in areas meant to correct societal inequities, and might open
the government up to litigation.
While English and Chinese are the two official languages, persons
not fluent or literate in Cantonese faced tremendous challenges in
seeking employment and in choice of education. The Constitutional and
Mainland Affairs Bureau sponsored a ``Cross-Cultural Learning Program
for Non-Chinese Speaking Youth'' through grants to NGOs. In its
``Concluding Observations,'' the CERD expressed concern that, despite
the provision of a Supplementary Guide to the Chinese language
curriculum, no official education policy for teaching Chinese as a
second language in the SAR had been adopted. The CERD recommended that
a policy on Chinese teaching for non-Chinese speaking students be
developed in consultation with teachers as well as the communities
concerned and that efforts to improve the quality of Chinese-language
education for immigrant children should be intensified.
In response the government stated its policy to integrate non-
Chinese students into the regular education system. The government also
noted it had 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.
The government provided HK$ eight million (approximately $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. The first such center, International Social Service's
HOPE Support Service Center for Ethnic Minorities, opened August 29.
The fourth, operated by Hong Kong Christian Service, opened September
5.
Activists reported that citizens of South Asian descent faced
discriminatory treatment 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 where the money
came from.
Activists and the government disputed whether new immigrants from
the Mainland should be considered as a population of concern under
antidiscrimination legislation. While the government argued they should
not, activists contended language barriers (many new immigrants,
although able to read Chinese, did not speak the prevailing Cantonese
dialect) and other factors put these new immigrants at a disadvantage.
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.
In 2006 the Law Reform Commission began a review of sexual offenses in
common and statue law; this review continued. 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.
There were no reports of societal violence or official
discrimination based on sexual orientation. On December 16, the LegCo
amended the Domestic Violence Ordinance (renamed the Domestic and
Cohabitation Relationships Violence Ordinance) to cover domestic
violence concerns among same-sex partners.
A number of lesbian, gay, bisexual, and transgender (LGBT)
organizations and LGBT-related organizations existed and held events in
the SAR. Since 1998 the government has provided more than HK$5 million
(approximately $650,000) for ``worthwhile community projects which aim
at promoting equal opportunity on grounds of sexual orientation or
gender identity, or seek to provide support services for sexual
minorities'' through its Equal Opportunities (Sexual Orientation)
Funding Scheme. In November the Lesbian and Gay Film Festival
celebrated its 20th anniversary, while the LGBT-oriented Pride Parade
was held for a second 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 provides for the right of
association and the right of workers to establish and join
organizations of their own choosing. Trade unions must register under
the Trade Unions Ordinance and must have a minimum membership of seven
persons for registration. At the end of 2008, there were 796 registered
trade unions, consisting of 752 employee unions, 19 employers'
associations, and 25 mixed organizations of employees and employers.
During the first half of the year, 13 new unions were registered and
three unions were deregistered upon request.
Government statistics indicated that, as of the end of 2008, there
were 708,953 salaried employees and wage earners claiming affiliation
with a union, totaling 21.5 percent of the workforce.
The 1997 Employment and Labor Relations (Miscellaneous Amendments)
Ordinance bans 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.
Four strikes, collectively involving 655 workers, were held during the
first half of the year.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize, and this right was implemented in
practice; however, it does not guarantee the right to collective
bargaining. The 1997 Employment and Labor Relations (Miscellaneous
Amendments) Ordinance does not provide a legal framework for trade
unions to engage employers in collective bargaining. In all but a few
trades, unions were not powerful enough to force management to engage
in collective bargaining. A motion supported by union activists in the
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 government did not engage in collective bargaining with civil
servants' unions. According to an International Trade Union Congress
report, only 1 percent of the workforce was covered by collective
agreements, and these were not legally binding.
The Workplace Consultation Promotion Unit in the 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.
There is no provision guaranteeing reinstatement of workers
dismissed because of their trade union membership.
There are no export processing zones in the SAR.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Employment of Children Regulations prohibits employment of children
under the age of 15 in any industrial establishment. 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. During the first half of
the year, the Labor Department conducted 78,441 inspections. Three
employers were convicted of offenses involving employment of children
13 to 14 years of age without written parental consent and valid school
attendance certificates. Fines were between HK$1,000 and HK$4,000
(approximately $130 to $515).
e. Acceptable Conditions of Work.--There is no statutory minimum
wage except for domestic workers of foreign origin. Aside from a small
number of trades where a uniform wage structure exists, wage levels
customarily are fixed by individual agreement between employer and
employee and are determined by supply and demand. Some employers
provided workers with various kinds of allowances, medical treatment,
and subsidized transport. 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.
While the government provides assistance to many low-wage earners
through the Comprehensive Social Security Assistance scheme and housing
assistance programs, workers and labor unions contended wages in many
low-level positions were insufficient to guarantee workers a decent
standard of living.
On July 8, the government's Minimum Wage Bill had its first reading
in the LegCo. The bill would create a minimum wage (but not set its
rate) and establish a Minimum Wage Commission which would advise the CE
on the rate to be set. On February 7, the government appointed a
Provisional Minimum Wage Commission made up of academics, employers,
and organized labor representatives, and government economic and labor
officials. At year's end both the bill and the wage rate remained under
discussion.
Unionists alleged workers increasingly 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 59,475
workplace inspections. There were 842 convicted summonses, resulting in
fines totaling HK$6.06 million (approximately $780,000). 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, 709 improvement notices
and 41 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 8,512
occupational injuries, including 2,842 classified as industrial
accidents. In the same period, there were two fatal industrial
accidents. Employers are required under the Employee's Compensation
Ordinance to report any injuries sustained by their employees in work-
related accidents. There is no specific legal provision allowing
workers to remove themselves from dangerous work situations without
jeopardy to continued employment.
The media reported on the danger of working on bamboo scaffolding.
It cited a Labor Department study showing ``falling from height'' as
the primary source of fatalities in the construction industry, with
8,000 workers injured and 149 killed between 1998-2007.
There are no laws restricting work during typhoon or rainstorm
warning signals save a Labor Department recommendation that employers
have only essential staff come to work during certain categories of
typhoon or rainstorm warnings.
The minimum wage for foreign domestic workers was HK$3,580 per
month (approximately $460). The standard workweek was 48 hours, but
many domestic workers worked much longer hours. The standard contract
law requires employers to provide foreign domestic workers with
housing, worker's compensation insurance, travel allowances, and food
or a food allowance in addition to the minimum wage, which together
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 anticipated 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, seven employers were
convicted for labor law maltreatment violations under the Employment
Ordinance relating to the employment of foreign domestic workers.
During the first seven months of the year, 86 foreign domestic workers
filed criminal suits, 43 of which were against employers, for
maltreatment including rape (five), indecent assault (four), and injury
and serious assault (34).
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MACAU
Macau, with a population of approximately 557,400, 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. On July 26, the
300-member Electoral Commission selected Fernando Chui Sai-on as chief
executive (CE) in an uncontested election, and Chui took office
December 20. On September 20, in elections considered generally free
and fair, voters elected 12 of the legislature's 29 members in direct
elections based on geographical constituencies; of the other 17 members
of the legislature, 10 are elected indirectly, and seven are appointed
by the CE. Civilian authorities generally maintained effective control
of the security forces.
The government generally respected the human rights of its
citizens; however, some problems remained, most notably limits on
citizens' ability to change their government, reports of official
corruption, and trafficking in persons.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the government
generally respected these rights. During the first half of the year,
police examined eight cases of offenses against the ``physical
integrity'' and two of ``threat'' against persons not in custody.
Separately, the Commission for Disciplinary Control of the Security
Forces and Services of Macau received two complaints, one of which was
substantiated and forwarded to the Office of the Prosecutor for
investigation. In 2008 there were 15 complaints of police brutality
against persons in custody; four resulted in disciplinary proceedings,
six were pending, and five were dismissed for lack of evidence.
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. In 2008 prison
authorities invited both local and international media to visit the
prison and participate in workshops with inmates.
The prison has a 1,050-person designed capacity and during the
first half of the year housed 961 inmates. In 2008 (the most recent
available figures) there were 108 female prisoners and 21 juveniles
(ages 16 to 17) in prison. An additional 31 juveniles were held in a
separate facility run by the Young Offenders Institute.
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 SAR
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. According to judiciary figures, the standard pretrial detention
in 2008 was 8.2 months. 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 both 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. On June 26, the
Strike Against Computer Crime Law passed. It 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 the police
authority to take these actions without court order under some
circumstances.
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.
On February 26, in accordance with a requirement under Article 23
of the Basic Law, the Law on Safeguarding National Security entered
into force. It 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 all
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 ``acts in preparation,'' which they saw as possibly
criminalizing a broad range of activities. Government officials
maintained that, to be prosecuted as preparatory acts, the actions
would need to meet tests already established under criminal law of both
intention and actual capability to commit a violent act as defined
under the law.
Activists and some legislators were also 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. There was also 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 impact enforcement of the law. The SAR government asserted that
only persons in possession of secret information, which by definition
should only be government officials, could be charged with revealing a
secret. Journalists or others to whom such material was given (assuming
they did not explicitly ask for it or offer to buy it) would not be
held responsible. The government also stated that a person could not be
held liable for revealing information not marked as classified. (The
Law on Publications, which predates the Law on Safeguarding National
Security, specifies that journalists do not have the right to publish
material known to be classified as a state secret.) By year's end no
one had been charged with a crime under the new 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 follow closely 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.
The media reported that activists who attempted to run an
advertisement critical of ``people from big business clans taking
office,'' a reference to the uncontested election of Chief Executive
Fernando Chui Sai-on, had their fundraising bank account closed. The
bank told local media, ``the bank is entitled to terminate a bank
account if it considers the use that a client is making, or is planning
to make, of a bank account is detrimental to the bank.'' The money in
the account was returned to the account holder. Activists alleged the
account was closed under political pressure. No local media were
willing to publish 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 engage in the
peaceful expression of views via the Internet, including by e-mail.
According to International Telecommunication Union statistics for 2008,
approximately 49 percent of the SAR'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 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.
Local opponents of the Law on Safeguarding National Security held
protest activities, although protesters from Hong Kong were denied
entry into the SAR on several occasions (see section 2.d.). However, in
March a group of Hong Kong activists who had been permitted into the
SAR staged a protest in front of the Government House. By law
demonstrations may not be conducted within thirty yards of government,
court, or police buildings, or in front of central government and
consular missions to the SAR.
Freedom of Association.--The Basic Law and the Civil Code guarantee
freedom of association. No authorization is required to form an
association, and the only restrictions are that the organization not
promote violence, crime, or disruption of public order. From January
2008 through June 2009, 458 associations were formed, and no
applications were rejected.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
Societal Abuses and Discrimination.--Relations among various
religious groups were generally amicable. The Jewish population was
extremely small, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. Persons denied entry into the SAR have the right to contact
their consulate or other representative of their country, to have
assistance with language interpretation, and to consult a lawyer. The
Immigration Department cooperated with the UN High Commissioner for
Refugees in handling refugees.
The law prohibits forced exile, and the government generally
respected the law in practice.
The Internal Security Law grants the police the authority to
prevent entry and to deport nonresidents who are regarded under the law
as unwelcome, or who constitute a threat to internal security and
stability, or who are regarded as suspected of transnational crimes.
The police used this provision of law to prevent the entry of several
persons who sought to participate in peaceful political activities, as
well as persons participating in academic exchanges or journalism,
particularly when the Law on Safeguarding National Security was under
consideration as well as in the period immediately following passage of
the law.
On March 9, Secretary for Security Cheong Kuoc-va told the media
that immigration cases were decided on a case-by-case basis and denied
the existence of a ``blacklist.''
On March 15, a delegation of 35 Hong Kong activists, including 14
legislators, traveled to the SAR. Thirty were admitted, but two
legislators--Leung ``Long Hair'' Kwok-hung and Lee Cheuk-yan--along
with three other activists were denied entry.
On June 2, Tiananmen-era activist Wu'erkaixi tried to enter the SAR
to ``turn himself in'' to PRC authorities with the stated goals of
forcing the PRC government into a dialogue regarding the Tiananmen
massacre and to see his parents. As a Taiwan passport holder,
Wu'erkaixi would normally be permitted visa-free entry into Macau, but
he was refused entry and returned to Taiwan on June 3.
On December 19, two journalists were denied entry. One, planning to
cover the 10th Anniversary of Macau's return to the PRC for the Hong
Kong daily newspaper Ming Pao, told the media she was not informed of
the reason she was denied entry. The Security Police, who oversee
immigration, later told the media she posed a threat to public
security. The Hong Kong Journalists' Association and the Hong Kong News
Executive's Association condemned the decision.
A journalist, for Hong Kong's Next magazine, who was traveling with
her family for vacation, was also barred from the SAR.
Also on December 19, Hong Kong legislator Long Hair Leung again was
denied entry along with 14 other activists. They had intended to
petition visiting PRC President Hu Jintao on universal suffrage in Hong
Kong.
On December 20--Macau Foundation Day and the inauguration day of
the new Chui administration--two activists with Hong Kong's Alliance in
Support of Patriotic Democratic Movements in China were denied entry
into Macau. They had intended to demonstrate for the release of
Mainland Charter '08 activist Liu Xiaobo. Alliance activist Chui Pak-
tai told the media he was physically abused by immigration officers,
who then declined to allow him and fellow activist Richard Tsoi Yiu-
cheong to file a complaint. Three other Alliance activists were
permitted to enter the SAR but chose to depart with their colleagues.
In December 2008 a group of 24 Hong Kong activists, including nine
legislators, was denied admission to the SAR. The group was traveling
to participate in activities related to the then pending Article 23
national security legislation (see section 2.a.).
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. During the year there were five applications for refugee
status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law limits citizens' ability to change their government.
Elections and Political Participation.--Only a fraction of citizens
play a role in the selection of the CE. The 300-member Election
Committee consists 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. 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 fifty nominations required to stand for
election, former secretary for social affairs and culture Fernando Chui
Sai-on ran unopposed for CE. He received 282 votes from the Election
Committee on July 26 and was formally appointed by the PRC State
Council as the third-term CE. Chui took office on December 20.
On September 25, the SAR also elected parts of its Legislative
Assembly. Seven seats were filled by appointment by the CE; 10
indirectly elected legislators were returned uncontested after internal
consultation among the four broad sectors that elect these seats.
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.
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 appoints members of the
SAR Executive Council from among the principal officials of the
executive authorities, members of the legislature, and public figures.
There are no registered political parties; politically active
groups register as societies or companies. These groups are active in
promoting their political agendas, and those critical of the government
do not face restrictions. Such groups participated in protests over
government policies or proposed legislation without restriction.
There were four women in the 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. Eleven of the SAR's 29 judges were women. Women
made up almost 40 percent of the executive, more than 45 percent of the
judicial, and more than 45 percent of the legislative branch work
forces. There were three members of ethnic minorities in the
Legislative Assembly. One member of the Executive Council was also from
an ethnic minority, as was the police commissioner.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, officials sometimes engaged in corrupt practices.
The Commission Against Corruption (CCAC) investigates the public
sector and has the power to arrest and detain suspects.
The most recent figures showed that during the first half of the
year the CCAC received 417 complaints against public officials in a
variety of agencies; 336 were criminal cases, and 81 were
administrative cases. The CCAC pursued 138 of these complaints,
including 57 criminal cases and 81 administrative complaints, 11 of
which were transferred to the Public Prosecutions Office. The Ombudsman
Bureau, within the CCAC, reviews complaints of maladministration or
abuse by the CCAC. There were no reports of such complaints during the
year. There also is an independent committee outside CCAC called the
Monitoring Committee on Discipline of the CCAC Personnel, which accepts
and reviews complaints about CCAC personnel.
By law the CE, his cabinet, judges, members of the Legislative
Assembly and the Executive Council, and executive agency directors are
required to disclose their financial interests.
The law does not provide for public access to government
information. However, the executive branch published online, in both
Portuguese and Chinese, an extensive amount of information on laws,
regulations, ordinances, government policies and procedures, and
biographies of government officials. The government also issued a daily
press release on topics of public concern. The information provided by
the legislature was less extensive.
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 issues.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law stipulates that residents shall be free from
discrimination, and many local 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 six reported rapes. The police and courts promptly acted on
rape cases.
The government effectively enforced criminal statutes prohibiting
domestic violence against women and prosecuted violators; however,
various nongovernmental organizations (NGOs) and government officials
considered domestic violence against women to be a growing problem.
Domestic violence is punishable by one to 15 years in prison. In the
case of both spousal abuse and violence against minors, the penalty is
two to eight years' imprisonment; if the abuse leads to the death of
the victim, the penalty is five to 15 years. In the first half of the
year, 221 cases of domestic violence were reported to the police.
The government provided hospital treatment for victims of abuse,
and medical social workers counseled victims and informed them of
social welfare services. The government may provide victims of domestic
violence with public housing until their complaints are resolved, but
it did not reserve facilities expressly for this purpose. The
government also supported two 24-hour hotlines, one for counseling and
one 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 family
counseling service was available to persons who requested such services
at social centers. Two government-supported religious programs also
offered rehabilitation programs for female victims of violence.
Prostitution is legal and common; however, procurement and the
operation of a brothel are illegal. Nevertheless, the SAR had a large
sex trade, including brothels, most of which were believed to be
controlled by Chinese organized crime groups, and many of those
exploited by the trade were women.
There is no law specifically addressing sexual harassment, although
harassment in general is prohibited under laws governing equal
opportunity, employment and labor rights, and labor relations. Between
January and June, neither the Labor Affairs Bureau nor the Social
Welfare Bureau received complaints either of discrimination based on
gender or sexual harassment.
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 were given equal access to diagnostic services
and treatment for sexually transmitted infections.
Equal opportunity legislation mandates that women receive equal pay
for equal work; however, observers estimated that there was a
significant difference in salary between men and women, particularly in
unskilled jobs. The law allows for civil suits, but few women took
their cases to the Labor Affairs Bureau or other entities.
Discrimination in hiring practices based on gender or physical ability
is prohibited by law, and penalties exist for employers who violate
these guidelines. There were no reports alleging sexual discrimination
during the first half of the year.
Children.--In accordance with the Basic Law, children of Chinese
national residents of Macau born in or outside of the SAR, and children
born to non-Chinese national permanent residents inside the SAR, are
regarded as permanent residents. There is no differentiation among
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.
Education is compulsory and free for most children between ages
five and 15 through general secondary education. However, the children
of illegal immigrants were excluded from the educational system.
Experts believed this exclusion affected only a few children.
The law specifically provides for criminal punishment for sexual
abuse of children and students, statutory rape, and procurement
involving minors. The criminal code sets 14 as the age of sexual
consent and 16 for participation in the legal sex trade. Child
pornography is prohibited by law.
Trafficking in Persons.--The SAR is a transit and destination point
for women and girls trafficked for the purposes of commercial sexual
exploitation. Most victims were persons from inland Chinese provinces
who migrated to the border province of Guangdong in search of
employment, where they fell prey to false advertisements for jobs in
Macau. Other foreign and mainland Chinese women and girls were deceived
into migrating voluntarily for employment opportunities in casinos, as
dancers, or other types of employment; upon arrival, some victims were
passed to local organized crime groups, held captive, and forced into
sexual servitude. Some foreign victims were misinformed about their
destination and diverted to the SAR, where they were trafficked into
prostitution.
A 2008 comprehensive antitrafficking law prohibits all forms of
trafficking in persons and prescribes penalties ranging from three to
12 years' imprisonment. Penalties increase by one-third for trafficking
victims under 14 years old. Retaining, hiding, spoiling, or destroying
the identification or travel documents of a trafficking victim also
incurs a penalty of one to five years' imprisonment, if no harsher
punishment is available in other laws. In November the first person
convicted under the 2008 law was sentenced to 7.5 years' imprisonment.
Several other cases were awaiting trial.
Although prostitution is legal, a ``procurement'' law makes it a
crime to instigate, favor, or facilitate the practice of prostitution
by another person for the purposes of profit or as a way of life,
although the penalties for this crime are less severe and the
procurement crime does not recognize a victim.
Between January and December, there were four reported cases of
human trafficking. On May 16, the Judiciary Police arrested four men
and two women for human trafficking, controlling prostitutes, and
illegal retention of identity documents. Nineteen victims were rescued
from six residential apartments where they reportedly were forced to
provide sex services. One victim told police she had been forced to
perform sex services 60-70 times, and all her earnings were taken by
the traffickers.
Authorities believed that Chinese, Russian, and Thai criminal
syndicates in some instances were involved in trafficking women to the
SAR for prostitution, after which victims were passed on to local crime
syndicates. Victims were from mainland China, Mongolia, Russia, the
Philippines, Central Asia, Vietnam, and Thailand. There were no
confirmed reports of official involvement in human trafficking. A
police officer arrested in 2007 for allegedly blackmailing two women in
prostitution for ``protection'' fees was expelled from the police force
and was awaiting trial.
The Social Welfare Bureau provided temporary shelter, counseling,
and financial and medical assistance to identified victims of
trafficking. The government also published leaflets to educate citizens
on human trafficking, associated penalties, and the government's
protection measures for victims. The leaflets, printed in Chinese,
Portuguese, and English, were available at border and transit points,
police and other government offices, health-care and social welfare
facilities, and educational institutions. The government ran
television, newspaper, and radio announcements to further educate the
public about human trafficking. The Antitrafficking Commission launched
a Web site in Chinese, Portuguese, and English to provide
antitrafficking resources and information, including the two hotlines
dedicated for reporting trafficking crimes.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
access to health care, or the provision of other state services, and
the government generally enforced these provisions in practice. The law
mandates access to buildings for persons with disabilities. The Social
Welfare Institute was primarily responsible for coordinating and
funding public assistance programs to persons with disabilities. The
government employed 79 persons with disabilities as public servants.
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 (LGBT) persons forming
organizations or associations. There were no such organizations active
during the year. No LGBT marches or other events occurred during the
year. 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 provides for the right of
workers to form and join unions or ``labor associations'' of their
choice without previous authorization or excessive requirement, and the
government generally respected this right in practice. Between January
2008 and June 2009, the government registered 31 new labor
associations, eight new professional associations, and 29 new private
sector associations; none were deregistered. Data on the percentage of
unionized workers was unavailable. A draft law on labor unions was
rejected by the Legislative Assembly in April, due to concern that key
issues were not addressed with sufficient clarity.
According to the International Trade Union Confederation (ITUC),
due to the PRC government's strong influence over local trade union
activities, including the direct selection of the leadership of the
Federation of Trade Unions (FTU), trade union independence was
undermined and the protection of trade union members' rights
compromised. PRC government policies emphasized minimizing workplace
disruption, and some unions were criticized for tending to resemble
local traditional neighborhood associations promoting social and
cultural activities. The Union for Democracy Development Macau (UDDM)
and some local journalists claimed that the FTU was more interested in
providing social and recreational services than in addressing labor
problems such as wages, benefits, and working conditions.
Workers have the right to strike, but there is no specific
protection in the law from retribution if workers exercise this right.
The government argued that striking employees are protected from
retaliation by labor law provisions, which require an employer to have
``justified cause'' to dismiss an employee; however, there were reports
that the government failed to enforce these provisions. Strikes,
rallies, and demonstrations were not permitted in the vicinity of the
CE's office, the Legislative Assembly, and other key government
buildings.
Workers who believed they were dismissed unlawfully may bring a
case to court or lodge a complaint with the Labor Department or the
Office of the High Commissioner Against Corruption and Administrative
Illegality, which also functions as ombudsman. However, migrant workers
had 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; however, the government did not
impede or discourage collective bargaining. Pro-PRC unions
traditionally have not attempted to engage in collective bargaining.
Migrant workers and public servants did not have the right to bargain
collectively.
The ITUC maintained that under the law, the high percentage of
foreign labor, which has no right to collective bargaining, was eroding
the bargaining power of local residents to improve working conditions
and increase wages.
The law prohibits antiunion discrimination and employer
interference in union functions; however, the UDDM expressed concern
that the local law contains no explicit provisions that bar
discrimination against unions.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits minors under the age of 16 from working, although minors
between the ages of 14 and 16 can be authorized to work on an
``exceptional basis.'' Some children reportedly worked in family-
operated or small businesses. Local laws do not establish specific
regulations governing the number of hours these children can work, but
International Labor Organization conventions were applied. The Labor
Department enforced the law through periodic and targeted inspections,
and violators were prosecuted.
e. Acceptable Conditions of Work.--Local labor laws establish the
general principle of fair wages and mandate compliance with wage
agreements. There was no mandatory minimum wage, except for government-
outsourced security guards and cleaners. Average wages provided a
decent standard of living for a worker and family.
In 2008 representatives of employers, employees, and the government
discussed a minimum wage scheme for all sectors. They concluded that a
minimum wage imposed on all industries would be complex and difficult
and a mandatory minimum wage would be implemented only after the
community reaches a consensus. In response to a legislative query, the
Labor Affairs Bureau in April again stated that society had not yet
reached a consensus on a minimum wage.
Local customs normally favored employment without the benefit of
written labor contracts, except in the case of migrant workers, who
were issued short-term contracts. Labor groups reported that employers
increasingly used temporary contracts as a means to circumvent
obligations to pay for workers' benefits such as pensions, sick leave,
and paid holidays. The short-term nature of the contracts also makes it
easier to dismiss workers by means of nonrenewal. In its August 25
``Concluding Observations'' on the report issued by China (including
Macau and Hong Kong), the UN Committee on the Elimination of Racial
Discrimination called on the SAR government to extend social welfare
benefits to all workers, including migrant workers.
Labor legislation provides for a 48-hour workweek, an eight-hour
workday, paid overtime, annual leave, and medical and maternity care.
Although the law provides for a 24-hour rest period each week, workers
frequently agreed to work overtime to compensate for low wages. The
Labor Department provided assistance and legal advice to workers upon
request.
The Labor Department enforced occupational safety and health
regulations, and failure to correct infractions could lead to
prosecution. During the first half of the year, the Labor Department
Inspectorate conducted 2,830 inspections and uncovered 55 violations
carrying fines totaling approximately 162,300 patacas ($20,330). In the
first half of the year, there were 1,728 work-related injuries and
three work-related deaths. Although the law includes a requirement that
employers provide a safe working environment, no explicit provisions
protected employees' right to continued employment if they refused to
work under dangerous conditions.
__________
TAIWAN
Taiwan's population of 23 million is governed by a president and
parliament chosen in multiparty elections. 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. Civilian authorities generally maintained effective
control of the security forces.
Taiwan generally respected the human rights of its citizens;
however, the following problems continued to be reported: corruption by
officials, violence and discrimination against women, trafficking in
persons, and abuses of foreign workers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the authorities committed arbitrary or unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution stipulates that no violence, threat,
inducement, fraud, or other improper means should be used against
accused persons, and there were no reports that the authorities
employed them.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the authorities permitted
monitoring visits by independent human rights observers. As of
September, there were 54,782 adult prisoners, 50,353 males, 4,429
women, and fewer than 1,000 juveniles. As of September prisons operated
at 115.9 percent of design capacity.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the authorities generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The National Police
Administration (NPA) of the Ministry of Interior (MOI) has
administrative jurisdiction over all police units, although city mayors
and county magistrates appoint city and county police commissioners.
Mayors and magistrates are responsible for maintaining order and
assessing the performance of police commissioners within their
jurisdictions.
Police corruption, while limited, was a problem. The NPA did not
keep statistics on police corruption cases. In March an officer with
the Criminal Investigation Bureau in Taipei County was indicted on
corruption charges for taking goods from a suspected burglar. In
November 2008 several police officers in Taipei County were indicted
for taking bribes from karaoke, video gambling, and gravel business
operators. The prosecutors proposed jail terms of up to 14 years. At
year's end the trial was ongoing. In December the Banciao District
Court convicted five police officers of accepting bribes from casino
operators in Taipei and Taoyuan counties and sentenced them to prison
terms ranging from 12 to 20 years.
Prosecutors and the Control Yuan are responsible for investigating
allegations of police malfeasance. The NPA also has an inspector
general and an internal affairs division that investigated allegations
of police misconduct. Police officers and senior officials suspected of
corruption and other misbehavior were prosecuted and punished upon
conviction.
Arrest Procedures and Treatment While in Detention.--Warrants or
summons are required by law except when there is ample reason to
believe the suspect may flee, or in urgent circumstances. Indicted
persons may be released on bail at judicial discretion. By law
prosecutors must apply to the courts within 24 hours after arrest for
permission to continue detaining an arrestee. The authorities generally
observed these procedures, and trials usually took place within three
months of indictment. According to the Code of Criminal Procedure,
prosecutors can apply to a court for approval of a pretrial detention
of an unindicted suspect for a maximum of two months with one possible
two-month extension. Judicial reform advocates have urged limiting
pretrial detention to better protect defendants' rights. Pretrial
detention can be requested in cases where the potential sentence is
five years or more or where there is a reasonable concern that the
suspect could flee, collude with other suspects or witnesses, or tamper
or destroy material evidence. In October the Constitutional Court ruled
that a defendant may not be detained solely on the basis of the
potential sentence.
Former president Chen Shui-bian was detained for approximately 10
months, except for a short break, before his conviction on various
corruption charges (see section 4). The district court, in justifying
his detention, expressed concern that Chen could collude with
witnesses, tamper with evidence, and posed a flight risk. His
preindictment detention was for one month.
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 expanded 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 sub-bureaus, one-third of the island's 158 sub-bureaus,
were implementing the program. 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.
In January the Constitutional Court issued an interpretation
declaring that, effective May 1, discussions between defense counsel
and their clients could no longer be taped or monitored by prison
authorities or provided to prosecutors.
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 on September 11; Chen has appealed the verdict. The Chen trial
heightened scrutiny of issues such as preindictment and pretrial
detention, prosecutorial leaks and other possible prosecutorial
misconduct, and transparency in judicial procedures. In October the
Constitutional Court upheld the constitutionality of judicial
procedures used by the Taipei District Court in the Chen case.
The JY is one of the five coequal branches of the political system
and includes the 15-member Constitutional Court, which interprets the
constitution as well as laws and ordinances. Subordinate JY organs
include the Supreme Court, high courts, district courts, administrative
courts, and the Committee on the Discipline of Public Functionaries.
Active-duty military personnel are subject to the military justice
system, which provides the same protections as the civil criminal
courts. The Code of Court-Martial Procedure requires that prosecutors
and judges not be under the same command.
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
dependency upon advertising revenue and loans from government-
controlled banks deterred a few media outlets from criticizing the
authorities. The authorities denied using loans or advertising revenue
to manipulate the media.
In May the mass-circulation Apple Daily quoted a former journalist
who said that the authorities had paid at least two leading newspapers
to write and publish articles praising the authorities' achievements
ahead of the anniversary of President Ma's inauguration. The Apple
Daily also alleged that the MOI did not want newspapers to identify
placements as paid advertising. In response the Government Information
Office (GIO) reiterated that the authorities opposed using
advertisements posing as news stories to promote policies. Some
observers reported a significant increase in paid placements in the
local print and electronic media by the authorities and private
businesses as media revenues dropped in the wake of the global
financial crisis.
In January 3,000 persons gathered outside the Legislative Yuan (LY)
to protest alleged political interference in the operation of the
Taiwan Broadcasting System (TBS). TBS includes the Public Television
Service and was funded principally by the authorities.
During the year several nongovernmental organizations (NGOs) noted
a deterioration in press freedom, citing attempts at interference and
attacks by demonstrators against reporters. The GIO's chairman
responded that the authorities absolutely had not interfered with press
freedom.
Seven People's Republic of China (PRC) news outlets have
journalists in Taiwan, and PRC officials reportedly had asked for
permanent media offices on the island.
Internet Freedom.--There were no official restrictions on access to
the Internet, and individuals and groups could engage in peaceful
expression of views via the Internet, including by e-mail. According to
the International Telecommunication Union statistics for 2008,
approximately 65.7 percent of the population used the Internet.
Several NGOs reported that law enforcement officials monitored
Internet chat rooms and bulletin boards and used Internet addresses to
identify and prosecute adults responsible for posting sexually
suggestive messages. Critics alleged the Child and Youth Sexual
Transaction Prevention Act (CYSTPA), which is intended to protect
children from sexual predators, 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.
In September the Kaohsiung film festival, reportedly at the urging
of the city government, rescheduled the screening of a documentary
about Uighur activist Rebiya Kadeer so that it occurred before the
official festival. Reportedly, the city officials were attempting to
forestall PRC retaliation against the city's tourism business, but
after pressure from the Democratic Progressive Party (DPP), the film
was placed back on the film festival schedule and shown at various
venues throughout the island.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Opposition-party legislators and human rights NGOs claimed
that the Assembly and Parade Law unconstitutionally restricts free
speech and assembly, and called for it to be amended or abolished. 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 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.
In the first seven months of the year, 26 persons were under
investigation for 18 alleged violations of the Assembly and Parade Law
(typically failure to obtain a permit or failure to comply with a
police order to disperse); six individuals were indicted in five cases.
During the seven-month period, three persons were convicted, each given
a sentence of less than two months of forced labor.
Freedom of Association.--The law provides this right, and the
authorities generally respected it in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the authorities generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against persons for their religious
beliefs or practices, and no reports of anti-Semitic acts. The Jewish
population numbered approximately 200 persons.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the 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$ one million ($30,800) 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.
Prior to 2000, citizens residing in the PRC could lose citizenship
if they had not returned within four years. They could apply to recover
citizenship through relatives or a legal representative. Applications
to recover citizenship were regularly granted, and there were no
reports of rejected applications.
Protection of Refugees.--Because of its international status, the
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 nine PRC nationals on Taiwan seeking asylum
elsewhere.
Throughout the year the authorities repatriated illegal immigrants
to their countries of origin. According to the MOI, the total number of
illegal PRC immigrants deported to the mainland declined, from 595 in
2007 to 365 in 2008. During the first eight months of the year, 200
illegal PRC immigrants were deported. The amount of time PRC illegal
immigrants remained in detention decreased. During the year the average
detention lasted 71 days. As of August 31, 48 illegal PRC immigrants
were awaiting deportation. There were 782 non-PRC illegal aliens
(including 494 women and 288 men) awaiting deportation. Their average
waiting time was 37.7 days.
On January 1, a group of more than 100 ethnic Tibetans ended a 24-
day sit-in seeking legal status in Taiwan. The Tibetans entered the
Taiwan at different times since 2002 and were overstaying their
temporary visas. The LY passed amendments to the Immigration Act
allowing Tibetans who overstayed their visas to apply for residency
certificates. As of November, 78 had been granted residency and 40 of
those with work permits.
Stateless Persons.--On January 23, the LY passed an amendment to
the Immigration Act granting residency to more than 400 descendants of
soldiers left behind in Thailand and Burma at the end of the Chinese
civil war in 1949. On June 10, the MOI promulgated a set of measures
governing applications for residency by these descendants.
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 (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. Seven of the 40 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 peoples 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 September former president Chen Shui-bian and his wife Wu Shu-
jen were convicted on corruption and money laundering charges, and both
were sentenced to life in prison. Chen, who remained in detention,
filed an appeal with the Taipei High Court. Some observers, including
Chen's supporters, asserted the judicial process in Chen's case was
flawed and protested his continued detention. Others said the trial
demonstrated that even the highest officials would be held accountable
to the law.
Allegations of vote buying continued, although all political
parties were publicly committed to ending the practice. In October two
members of the KMT Central Standing Committee (CSC) were removed from
that body for sending gifts to potential voters. Subsequently, 27 of
the 30 remaining CSC members resigned, and a by-election was held
November 14 for the 32 empty seats. During the year the courts removed
three KMT legislators and one People First Party legislator from office
on the grounds of vote-buying. There were criminal trials and prisons
sentences were meted out.
In April the LY amended the Act for the Punishment of Corruption to
bring 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.
In July, 15 incumbent and former supervisors of the Taipei
Detention Center were indicted for receiving bribes from detainees and
their families. Prosecutors suggested prison terms of from 12 to 26
years. DPP lawmaker Gao Jyh-peng was indicted on charges of accepting
bribes. In August Kinmen County Magistrate Lee Chu-feng (New Party) was
indicted on charges of embezzlement and forgery.
During the 12-month period from June 2008, prosecutors indicted
1,973 persons on various corruption charges. Of the 992 officials
accused, 60 were elected, 125 were high-ranking, 322 were mid-level,
and 485 were low-level.
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, 5,305 reports of
rape or sexual assault were filed through July. As of July, 1,402
persons were indicted for sexual assault and 1,098 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 September, 65,359 cases of domestic violence had
been reported, and 2,370 persons had been prosecuted for domestic
violence. Of those prosecuted, 1,695 persons were sentenced to prison
terms of less than one year, seven were sentenced to life in prison,
and one was given the death penalty. As of September, 7,815 protection
orders had been issued to female domestic violence victims and 1,089 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.
Prostitution is illegal. The Social Order Maintenance Act mandates
punitive measures only for prostitutes; those patronizing prostitutes
are not subject to penalties unless a minor is involved. In November
the Constitutional Court ruled that this violated the principle of
equality and gave the authorities a two-year window in which to amend
the law.
Trafficking in women remained a problem.
Sexual harassment in the workplace is a crime, punishable by fines
from NT$100,000 to NT$ one million (approximately $3,080 to $30,800)
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. The 113
hotlines received 61,856 calls reporting domestic violence through
September. 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. However, unmarried persons are prohibited by law from
obtaining fertility treatments. Access to contraception and skilled
attendance during childbirth and postpartum were widely available.
Women and men were equally diagnosed and treated for sexually
transmitted infections.
The law prohibits discrimination based on gender and stipulates
that measures be taken to eliminate sexual harassment in the workplace.
The Gender Equality in Employment Act (GEEA) provides for equal
treatment with regard to salaries, promotions, and assignments. The
GEEA entitles women to request up to two years of unpaid maternity
leave and forbids termination because of pregnancy or marriage. 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. The law was revised in 2007 to
increase penalties for violators. 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 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 per year
while only approximately 3,000 were reported. According to MOI, 6,373
cases, including cases of physical, mental, or sexual abuse or harm due
to guardian neglect, were reported to the Child Welfare Bureau as of
June and 20,058 cases of child abuse were reported through the child
abuse hotline in 2008. 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 were authorized to appoint
guardians for children whose parents were deemed unfit.
The minimum age of consent to engage in sexual relations is 18.
Persons who engage in sex with children under age 14 faced sentences of
three to 10 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 $92,400). According to the MOI Child Welfare
Bureau, 93 minors were rescued from prostitution in the first five
months of this year and placed in shelters. The Child Welfare Bureau
reported a significant decrease in the number of boys exploited as
prostitutes.
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. Citizens arrested abroad for having sex with
minors could also be indicted and convicted for patronizing underage
prostitutes in foreign countries under the law. The law also prohibits
child pornography and violators are subject to sentences of up to six
months and substantial fines.
As of July, 215 persons were indicted and 273 persons were
convicted of violating the CYSTPA, which criminalizes child
prostitution and the possession and distribution of child pornography.
The law requires publication of violators' names in newspapers.
Trafficking in Persons.--Trafficking in persons continued to be a
problem. In January the LY passed the Human Trafficking Prevention Act,
which criminalized sex, labor, and organ trafficking. The Act and its
corresponding measures went into effect June 1. In addition to the new
trafficking law, trafficking acts were criminalized through a number of
other statutes.
The MOI, the MOJ, the National Immigration Agency (NIA), the CLA,
the NPA, and several other agencies are responsible for combating
trafficking. A senior-level prosecutor unit supervises district court
handling of trafficking cases and there are antitrafficking task forces
within the NIA, the NPA, the Coast Guard, and the 21 district court
offices.
Taiwan is primarily a destination for Southeast Asian and PRC
nationals trafficked into forced labor or sexual exploitation. There
were reports of women being trafficked from Taiwan to Japan for sexual
exploitation purposes.
Authorities reported that traffickers continued to use fraudulent
marriages as a primary method for human trafficking, in part because
penalties for ``husbands'' were lenient. Some women smuggled to Taiwan
to seek illegal work were subsequently forced to work in the commercial
sex industry. The Child Welfare Bureau reported a significant decrease
in the number of children rescued from prostitution, and unlike in the
past, there were no reports of children being trafficked into Taiwan to
work in the commercial sex industry. Labor trafficking remained a
serious problem (see section 7.e.).
As of December the MOJ reported authorities had indicted 335
individuals for trafficking offenses, of whom 266 were convicted.
Approximately 51 percent of the cases closed through December involved
sexual exploitation, forced labor accounted for 23 percent, and 27
percent were convicted of both sexual and labor exploitation. The
principal defendant in the October 2008 arrests of 34 persons at a
large labor brokerage was found guilty of fraud, money laundering, and
other charges and was sentenced to five years and six months in prison
by the Miaoli District Court.
Incidents of public employees or officials implicated in
trafficking were rare, but they did occur. There were reports of local
authorities accepting bribes in return for ignoring illegal sex- and
labor-trafficking activities.
There are island-wide guidelines for identifying and treating
trafficking victims. The authorities regularly conducted exercises to
train police, immigration officials, and other law enforcement
personnel in identifying victims. However, police, prosecutors and
other law enforcement personnel did not always consistently follow
victim identification procedures. NGOs reported concerns that an
increase in the number of raids and arrests had not resulted in
increased convictions. Authorities enacted standard application
procedures for new provisions of the Immigration Act that allow
trafficking victims to obtain temporary residency and work permits.
Between June 1 (when the new antitrafficking law went into effect) and
August 31, 44 temporary residence permits and 32 work permits were
issued. NGOs added that some trafficking victims continued to be
punished with community service and fines for violating immigration,
foreign labor, or prostitution laws.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities and sets minimum fines for
violations.
MOI and CLA are responsible for protecting the rights of persons
with disabilities. The law stipulates that the authorities must provide
services and programs to the disabled population. Free universal
medical care was provided to persons with disabilities. NGOs continued
to note that more public nursing homes were needed and that current
programs, such as home care services, needed to be expanded to meet the
growing needs of those with disabilities, including the growing numbers
of elderly persons.
From July 11, 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.
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 ($1,850 to $9,240).
National/Racial/Ethnic Minorities.--As of August, 10 percent of all
marriages included a foreign-born spouse, primarily individuals from
China, Vietnam, Indonesia, and Thailand, and an estimated 9.6 percent
of all births were to foreign-born mothers.
Foreign spouses were targets of discrimination both inside and
outside the home.
During the year 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 now also permitted to work on
Taiwan immediately on arrival. In addition, the authorities canceled
the quota for visas for PRC spouses in August.
Indigenous People.--There are 13 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 people. The Indigenous Peoples Basic Act stipulates that the
authorities should provide resources to help indigenous people develop
a system of self-governance, formulate policies to protect their basic
rights, and promote the preservation and development of their language
and culture. Critics complained that the authorities did not do enough
to preserve aboriginal culture and language. The cabinet-level Council
of Indigenous Peoples worked with other ministries to raise living
standards in aboriginal regions through basic infrastructure projects.
The council also provided emergency funds and college scholarships to
the indigenous population. However, one aboriginal leader blamed the
authorities for making no progress over the past year on bills
promoting Aboriginal autonomy and Aboriginal traditional domains.
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,
antihomosexual violence was rare, but societal discrimination against
lesbian, gay, bisexual, and transgender (LGBT) persons with HIV and
AIDS was a problem.
LGBT rights activists said instances of police pressure to close
gay- and lesbian-friendly bars and bookstores decreased.
The seventh gay pride march was held in October. More than 25,000
individuals participated.
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
($46,200).
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
law but is highly regulated under the Labor Union Law (LUL).
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 or to assume union leadership
positions in existing unions.
A number of laws and regulations limit the right of association.
While labor unions may draw up their own rules and constitutions, they
must submit them to county and city authorities as well as to the CLA
for review. Labor unions may be rejected or dissolved if they do not
meet CLA certification requirements or if their activities disturb
public order.
As of June approximately 29 percent of the 10.9 million-person
labor force belonged to one of the 4,721 registered labor unions. Many
of them were also members of one of eight island-wide labor
federations.
The right to strike is provided by law, and workers exercised this
right in practice. However, legal constraints make it difficult to
strike, undermining the usefulness of collective bargaining. Workers
may strike over issues of compensation and working schedules, but not
living or working conditions. Teachers and defense industry employees
are not afforded the right to strike. The law requires mediation of
labor disputes when the authorities deem them to be sufficiently
serious or to involve unfair practices. The law prohibits labor and
management from disturbing the ``working order'' while mediation or
arbitration is in progress. Critics contended the law has a chilling
effect on the right to strike because it does not clearly state what
conduct is prohibited. The law mandates stiff penalties for violations
of no-strike and no-retaliation clauses.
b. The Right to Organize and Bargain Collectively.--The law gives
workers the right to organize, bargain, and act collectively, although
some positions are not afforded this right.
As of September there were 49 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 that during employee cutbacks labor union leaders were
sometimes laid off first or dismissed without reasonable cause.
According to the Taiwan Confederation of Trade Unions and the Taiwan
Labor Front, there is no specific penalty for the improper dismissal of
a labor union leader.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. 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.
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. As of May the LSL
covered an estimated 6.5 million of the 7.9 million salaried workers.
Those not covered included health-care workers, gardeners, bodyguards,
teachers, doctors, accountants, lawyers, civil servants, and domestic
workers.
Foreign household caregivers and domestic workers were covered
instead by the Employment Services Act, which does not guarantee a
minimum wage or overtime pay, set limits on the workday or workweek, or
provide for minimum breaks or vacation time. At the end of June,
172,000 of the 341,000 foreign household caregivers and domestic
workers had applied for coverage under the Employment Services Act.
There were no plans to increase the minimum monthly wage of
NT$17,280 (approximately $532) or the minimum hourly wage of NT$104
($3.20) which were established in 2007. 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 alleged any benefit to foreign workers from previous
increases to the monthly minimum wage failed to cover the increase in
the maximum NT$5,000 ($154) 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 in the
first half of the year at NT$42,909 ($1,321) was the lowest in the 13
years. Many workers either lost their jobs or took unpaid leave in the
first half of the year. To assist jobless workers, the authorities
revised the Employment Insurance Act in May to extend unemployment
relief payments from six months to nine months.
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 continued
employment. There was widespread criticism that the CLA did not
effectively enforce workplace laws and regulations. In the first half
of the year, CLA's 318 inspectors conducted 80,354 inspections, an
increase of 38 percent from the same period in 2008. Those 318
inspectors were responsible for inspecting approximately 300,000
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.
Regulations require intensified inspection and oversight of foreign
labor brokerage companies. NGOs reported that labor brokers and
employers regularly collected high fees or loan payments from foreign
workers, frequently using debt as a tool for involuntary servitude, and
that foreign workers were unwilling to report employer abuses for fear
the employer would terminate the contract and forcibly deport them,
leaving them unable to pay back debt accrued to brokers or others. An
employer may only deduct labor insurance fees, health insurance
premiums, income taxes, and meal and lodging fees from the wages of a
foreign worker. Violators face fines of NT$60,000 to 300,000
(approximately $1,850 to 9,240) and lose hiring privileges. Critics,
however, complained that these practices continued and that the CLA did
not effectively enforce statutes and regulations intended to protect
foreign laborers from unscrupulous brokers and employers.
In 2008 the CLA opened a Foreign Worker Direct-Hire Service Center.
The center allowed local employers to rehire their foreign employees,
especially caregivers, without a broker. NGOs, however, argued that
restrictions on eligibility to use the service prevented widespread
implementation and advocated lifting restrictions on transfers between
employers. This year the CLA expanded the program to permit rehiring of
foreign workers engaged in manufacturing, fishery, construction, and
other industries. In April the LY ratified the two UN Human Rights
Covenants, including the UN Covenant on Economic, Social, and Cultural
Rights, without reservation and passed an implementing law that
mandates that the laws meet obligations outlined in the covenants.
Civic groups and labor rights advocates lauded these actions but noted
room for improvement. 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 NIA is responsible for all immigration-related policies and
procedures for foreign workers, foreign spouses, immigrant services,
and repatriation of illegal immigrants.
Foreign workers, not victims of trafficking or employer abuse,
deemed to have worked illegally faced heavy fines, mandatory
repatriation, and a permanent ban on reentering Taiwan.
__________
FIJI
Fiji is a republic with a population of approximately 837,000. The
1997 constitution provided for a ceremonial president selected by the
Great Council of Chiefs and an elected prime minister and Parliament.
However, in 2006 the armed forces commander, Commodore Voreqe (Frank)
Bainimarama, overthrew the elected government in a bloodless coup
d'etat. In 2007 the interim military government was replaced by a
nominally civilian interim government headed by Bainimarama as prime
minister. Bainimarama and his Military Council controlled the security
forces.
On April 9, the Court of Appeal declared the coup and the interim
government unlawful. On April 10, the government abrogated the
constitution, imposed a state of emergency, and began to rule by
decree.
Bainimarama's de facto government denied citizens the right to
change their government peacefully. In April the de facto government
dismissed the entire judiciary and replaced it with its own appointees.
It censored and intimidated the media and restricted freedom of speech
and the right to assemble peacefully. Other problems during the year
included police and military impunity; poor prison conditions; attacks
against religious facilities; the dismissal of constitutionally
appointed government officials, as well as elected mayors and town
councils; government corruption; deep ethnic divisions; violence and
discrimination against women; and sexual exploitation of children.
Public Emergency Regulations (PER), initially promulgated April 10
for a three-month period, were repeatedly extended and remained in
effect at year's end.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings during the year.
In March trials were held for military personnel and police
officers charged in the 2007 deaths of Nimilote Verebasaga and Sakiusa
Rabaka. Eight soldiers and one police officer were convicted of
manslaughter in the Rabaka case and sentenced to four years'
imprisonment. The lone soldier charged in the death of Verebasaga also
was convicted of manslaughter and sentenced to three years and three
months in prison. However, in May all those convicted in the Rabaka
case were released from prison after serving only six weeks of their
sentences. The soldier convicted in the Verebasaga case also was
released, after serving only two weeks of his sentence. All 10
subsequently were reinstated in the military and police forces. The
permanent secretary for information, Lieutenant Colonel Neumi Leweni,
asserted that the Prisons Act gave the commissioner of prisons the
discretion to allow release of prisoners under compulsory supervision
orders for good behavior.
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.
The military in some cases assisted the Fiji Independent Commission
against Corruption (FICAC) to investigate allegations of corruption,
and there were reports members of the military detained and assaulted
civilians to obtain evidence in corruption cases.
Amnesty International reported that security forces beat politician
Iliesa Duvuloco and several other men detained in April for
distributing political pamphlets critical of the government (see
section 2.a.) and forced them to perform military-type drills.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. The national prison system was seriously
underfunded, with deteriorating infrastructure and poor delivery of
essential services. The system had insufficient beds, inadequate
sanitation, and a shortage of basic necessities. There were a large
number of prison escapes during the year. The pretrial detention
facility at Suva's prison remained closed due to its substandard
condition.
There were approximately 1,000 inmates in the country's 14 prisons,
of which approximately 100 were pretrial detainees. Of the estimated
900 convicted prisoners, approximately 25 were women and 120 were
juveniles. The prisons had a total capacity of 1,080 inmates.
In some cases pretrial detainees and convicted prisoners were held
together. Courts released pretrial detainees, including some facing
serious charges, on bail to minimize their exposure to an unhealthy and
overcrowded prison environment.
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. Family members were routinely permitted to visit prisoners.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, but the government did not always
respect this prohibition in practice.
Role of the Police and Security Apparatus.--The Ministry of Home
Affairs, headed by the minister for defense, oversees the Fiji Police
Force, which is responsible for law enforcement and the maintenance of
internal security. After the 2006 dismissal of the police commissioner
and his deputy, deputy army commander Captain Esala Teleni was
appointed commissioner. Historically responsible for external security,
the Republic of Fiji Military Force (RFMF) has maintained since 2005 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. The
RFMF also participated in the awareness campaign to gain support for
the People's Charter for Change, Peace, and Progress, a domestic policy
initiative of the Bainimarama government.
Police maintained a network of stations and posts throughout the
country. Policing of more remote and smaller islands was done through
regularly scheduled visits. 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 Internal Affairs Unit is statutorily responsible for
investigating complaints of police misconduct. FICAC 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
use of force deemed necessary to enforce PER provisions.
Arrest Procedures and Treatment While in Detention.--By law police
officers may arrest persons without a warrant for violations of the
penal code. Police also arrest persons in response to warrants issued
by magistrates and judges. 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.
Following the April abrogation of the constitution, the government
detained without charge journalists, lawyers, and nongovernmental
organization (NGO) activists for periods up to two days. At least 20
journalists were detained overnight before being released. On April 14,
the authorities detained Dor Sami Naidu, president of the Fiji Law
Society, after he and other lawyers appeared at the Lautoka High Court
to pursue their cases and expressed support for judges and magistrates
dismissed by the government; he was released without charge on April
15. Another 20 critics were also arrested, detained overnight, and then
released without charge.
There was a generally well-functioning bail system.
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.
The Legal Aid Commission provided counsel to some indigent
defendants in criminal cases, a service supplemented by voluntary
services from private attorneys.
The courts had a significant backlog of cases, worsened by the
government's April 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 judicial structure is patterned on the British system. The
principal courts are the magistrates' courts, the High Court, the Court
of Appeal, and the Supreme Court. Except for the Family Court,
Employment Court, and various administrative tribunals, there are no
special civilian courts. Military courts try members of the armed
forces.
On April 9, a panel of three judges of the Court of Appeal ruled
that the 2006 military coup was unlawful, and that the appointment of
Bainimarama as prime minister in 2007, and the appointment of his
interim cabinet, were unconstitutional.
In response, on April 10, President Ratu Josefa Iloilo signed a
decree that abrogated the constitution and terminated the appointments
of all judicial officers appointed under the provisions of that
constitution. The courts closed for three weeks and reopened on a
limited basis at the end of May after the government made initial
appointments to the lower courts. In June and July, high court judges
were appointed. Due to a shortage of judges, some high court judges
also were appointed to serve concurrently on the Court of Appeal and
the Supreme Court, with different individual justices hearing a case
referred from one of these higher courts to another. Sittings of the
higher courts were deferred, leading to an even greater backlog of
cases. The chief registrar also was dismissed and replaced by an army
lawyer who was made a magistrate in 2007.
The Administration of Justice Decree of April 16, 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; and all government decrees. The
military-appointed chief registrar issued termination certificates for
all such pending cases.
The government had difficulty reconstituting the judiciary, leading
to complaints those appointed after the April dismissal of the existing
judiciary were not properly qualified, especially in such complex areas
of the law as commercial and contract law. Women's NGOs also 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 the mistakes made by these magistrates.
On July 16, the government dismissed the chief magistrate after he
protested the firing of another magistrate earlier the same month. On
December 2, the government appointed the chief registrar to serve
concurrently as chief magistrate. On December 30, the government
dismissed as ``threats to national security'' the assistant director of
public prosecutions (DPP) and three more junior prosecutors. Also on
December 30, the government dismissed the acting DPP and replaced him
with a former soldier and FICAC prosecutor. On the same day, the
government terminated, with 24 hours' notice, the contracts of three
magistrates it had appointed after the April abrogation of the
constitution. While the government gave no reasons for the
terminations, there were media reports that one of the magistrates had
criticized FICAC for prosecuting a critic of the regime for an alleged
restaurant licensing violation (see section 4).
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.
The government continued to prohibit an International Bar
Association (IBA) 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. On March 3, the IBA's
Human Rights Institute released a report criticizing the government for
taking measures ``to influence, control or intimidate the judiciary and
the legal profession.''
Trial Procedures.--The abrogated constitution provides for the
right to a fair trial. Defendants have the right to a public trial and
to counsel, and the court system generally enforced these rights in
practice during the year. The Legal Aid Commission, supplemented by
voluntary services of private attorneys, provided free counsel to some
indigent defendants in criminal cases. Most cases were heard in the
magistrates' courts, but a case cannot be tried in a magistrate's court
without the defendant's consent. Absent such consent, cases are tried
in the High Court. Trials in the High Court provide for the presence of
assessors, typically three, who are similar to jurors but only advise
the presiding judge. Defendants enjoy a presumption of innocence and
may question witnesses, present evidence on their own behalf, and
access government-held evidence relevant to their 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.
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, it issued a decree on May 20
prohibiting the FHRC from investigating cases filed by individuals and
organizations alleging government violations of the constitution and of
human rights.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, but the
government frequently ignored these prohibitions in practice. After the
April abrogation of the constitution, the government monitored Internet
traffic in an attempt to control antigovernment reports by anonymous
bloggers.
RR and nothing further has
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 generally did
not respect these rights in practice after the abrogation of the
constitution on April 10.
On April 26, police arrested politician Iliesa Duvuloco and two
other men for distributing antigovernment pamphlets. They were detained
and questioned at the Nabua police station for seven days and released
without charge on May 3. Police in Lautoka detained three other men for
distributing the same pamphlets.
Between January and March, unknown assailants attacked with rocks
the homes and cars of several antigovernment civilians, including
Saikiusa Raivoce, a former RFMF colonel and vocal antigovernment
critic; unionist and politician Attar Singh, head of the New Movement
for Democracy; and lawyer Akuila Naco. On March 22, unknown assailants
attacked Raivoce's home and that of Fiji Times editor in chief Netani
Rika with Molotov cocktails. At year's end police investigations had
not resulted in any arrests or prosecutions. On August 3, police
arrested and detained Raivoce; he was held overnight and released
without charge on August 4.
Prior to April 10, the independent media were active and expressed
a wide variety of views, albeit with some degree of self-censorship due
to government intimidation. The country's television news program
production was owned and operated by Fiji One, one of two national
noncable television stations. A trust operated by the Ministry of
Fijian Affairs, on behalf of Fiji's provincial councils, owned 51
percent of Fiji One; the remainder was privately held. The government
owned the Fiji Broadcasting Corporation, which operated six radio
stations, and also retained a shareholding of less than 20 percent in
the Daily Post newspaper.
During the year the government harassed, intimidated, and in some
cases detained for questioning a number of journalists in response to
reporting critical of the government.
On April 10, police raided the Fiji Times after a complaint from
the chairman of the Public Service Commission, who alleged that the
Times was in possession of a petition signed by ministry of finance
staff against the military-appointed acting permanent secretary, John
Prasad, alleging that Prasad was unqualified for the position.
Over the following days, police detained a number of journalists
for up to 24 hours, including Edwin Nand, a Fiji TV journalist, on
April 13; Fiji Times photographer Jai Prasad, Fiji TV reporter Ranbeer
Singh, and Fiji TV cameraman Harry Tabanidalo on April 14; and Kavai
Damu of online news service Fijilive on April 15. All were released
without charge.
On April 16, police arrested Pita Ligaiula, a local journalist and
stringer for Agence France Presse, for articles he had written that
appeared in The Australian newspaper. Ligaiula was released the next
day. During his detention security officials intimidated and threatened
him with imprisonment under PER provisions. Also on April 16,
authorities told three journalists working for regional news
organizations (Samisoni Pareti of Radio Australia, Makereta Komai of
the Pacific regional news service Pacnews, and Radio New Zealand
stringer Matelita Ragogo) to start practicing the ``journalism of
hope'' and refrain from any negative reporting about the government, or
face tough penalties from the authorities.
On May 9, police arrested Fijilive journalists Dionisia Tabureguci
and Shelvin Chand, and detained them under the PER for a report they
published on the fijilive.com Web site regarding the release of several
soldiers and a policeman who had been convicted of manslaughter for the
death of Sakiusa Rabaka in 2007. The report was removed from the Web
site after 30 minutes when police visited the Fijilive office and
arrested the two journalists. On May 11, police released Tabureguci and
Chand with a warning after they had spent two nights in custody.
The PER authorize the Ministry of Information 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.
On May 14, police in Labasa detained Theresa Ralogaivau, a Fiji
Times journalist, for seven hours regarding a story published on May 11
about a group of persons who were allegedly growing marijuana in
Labasa. Although the story had been vetted by the government censor in
the Times newsroom, it had quoted a police spokesperson who later
denied that he had spoken to Ralogaivau. Police claimed that Ralogaivau
was in breach of the PER because she had not spoken with the
spokesperson quoted in the story.
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 ensured government control over newspaper content through censors.
In November 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 in progress at year's end.
Legislation pertaining to the press is contained in the Newspaper
Registration Act and the Press Correction Act. Under these acts all
newspapers must register with the government before they can publish.
The acts give the minister of information sole discretionary power to
order a newspaper to publish a ``correcting statement'' if, in the
minister's view, a false or distorted article was published. A
newspaper refusing to publish the minister's correction may be sued in
court and, if found guilty, fined. Individuals in such cases may be
fined, imprisoned for six months, or both. These laws authorize the
government to arrest any person who publishes ``malicious'' material.
This would include anything the government considers false, likely to
create or foster public alarm, or result in ``detriment'' to the
public. However, this specific authority has never been used.
On January 22, the High Court fined the Fiji Times F$100,000
(approximately $51,800) and imposed a three-month suspended prison
sentence on its editor in chief, Netani Rika, for contempt of court. A
contempt case against the Daily Post was still pending at year's end.
In November 2008 the interim government had pursued contempt of court
proceedings against the Times and the Post after they published a
letter to the editor criticizing a 2008 High Court decision upholding
the interim government's legitimacy.
In July the acting chief registrar cancelled pending court cases
against the government by the Fiji Sun and Fiji Times for the 2008
deportations of their respective publishers, Russell Hunter and Evan
Hannah, in accordance with the April 16 decree that terminated all
pending challenges against the 2006 coup and actions of the interim
government between December 4, 2006 and April 9, 2009.
The 1992 Television Decree permits the government to influence
programming content. The government did not attempt to use this
specific programming authority during the year, but it censored
television news program content under the PER.
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 (see section 1.f.).
The International Telecommunication Union reported that
approximately 12 percent of the country's inhabitants used the Internet
in 2008. 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.
After the abrogation of the constitution, the government closed
Internet cafes at 5:00 p.m. each evening in an attempt to limit
anonymous antigovernment blogging and citizens' access to news items on
Fiji in the overseas media. Beginning in July Internet cafes were
allowed to remain open beyond 5:00 p.m., after paying a fee to local
officials.
On May 21, police executed search warrants at the offices of three
prominent lawyers--Tevita Fa, Richard Naidu, and Jon Apted--accused of
anonymous antigovernment blogging. Fa was the lawyer for deposed prime
minister Laisenia Qarase, while Naidu and Apted had criticized the 2006
coup and represented litigants challenging actions of the interim
government. In 2007 the interim government had instructed all
government departments, statutory bodies, and companies to cease giving
legal work to Naidu and Apted's law firm, Munro Leys. Police questioned
the three lawyers and copied their computer hard drives before
releasing them without charge.
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.
Although some civic organizations were granted permits to assemble,
permits for all political demonstrations and marches were denied.
Bainimarama and the police commissioner discouraged public dissent and
politically oriented public gatherings by warning that security forces
would actively enforce public order laws.
Police denied the Fiji Law Society's application for a permit to
hold a special general meeting to discuss the April abrogation of the
constitution. The provincial administrator of Sigatoka initially
granted the permit, but it was later nullified by the commissioner of
the Central Division, one of four military officers appointed by
Bainimarama to head the country's four geographic divisional
administrations (see section 3). The police commissioner also denied
the permit. The authorities also refused the Law Society's application
for a permit to hold its regular annual general meeting in September.
Police banned three prominent individuals critical of the
government, including historian and constitutional scholar Brij Lal, an
Australian citizen of Fijian origin and a professor at Australian
National University, from speaking at the Fiji Institute of
Accountants' annual conference on June 12. Police instructed the
institute to remove the three speakers from the conference agenda in
order for a permit to be granted to allow the conference to proceed. In
November Lal was deported to Australia. The government also refused a
permit for the Methodist Church, which historically has been associated
with ethnic Fijian nationalism, to hold its annual conference (see
section 2.c.).
Freedom of Association.--The abrogated constitution provides for
freedom of association. 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.
c. Freedom of Religion.--The abrogated constitution provides for
freedom of religion. Although the government generally respected this
right in practice, during the year there were a number of instances in
which the government interfered with this right. Some municipal
restrictions on opening hours for businesses during Christmas and
Easter were imposed on all communities, not just those that were
predominantly Christian.
In May the government began a crackdown on Methodist pastors
opposed to the government. From May 14 to 15, authorities detained
Manasa Lasaro, a former president of the Methodist Church, to which
approximately 30 percent of the population belongs, for writing a
proposal for peaceful protests against the government. On May 29, the
military issued an unsigned statement declaring that the Methodist
Church would not be allowed to hold its 2009 annual conference. On July
19, the church's executive body decided to proceed with the conference
despite the permit denial. On July 21, police and military officers
detained Ro Teimumu Kepa, minister of education in the ousted Qarase
government and the paramount chief of Rewa Province, where the
conference was to be held. Police and military officers also detained
and questioned the church's president, general secretary, and seven
other senior church officials. All were held at military headquarters
in Suva until July 23, when Kepa and four of the nine detained
Methodist officials were charged with various offenses relating to
breach of public order and released on bail. Subsequently five
additional church officials also were charged with offenses related to
their roles in organizing the conference. All those charged were
subjected to strict bail conditions, which prevented them from
communicating with each other, traveling, or taking part in church
meetings and other church events. At year's end the cases remained
pending. In October police and military officers stopped an induction
service for senior Methodist Church officials from taking place. The
government stated that the ministers could not be inducted while court
proceedings were pending against them.
During the year Souls for Jesus, also known as the New Methodist
Church, an evangelical Christian group founded and headed by the
brother of police commissioner Teleni, spearheaded so-called
``crusades'' sponsored by the police under Teleni's direct leadership
as part of an anticrime campaign. All police personnel and their
families, regardless of their religion, were required to attend these
evangelical events, and there were reports that non-Christian officers
and their families were pressured to convert to Christianity. There
also were reports of Hindu and Muslim officers joining the
commissioner's church for fear of being denied promotions or losing
their jobs.
Societal Abuses and Discrimination.--Racial polarization was
reflected in religious differences, which were largely along ethnic
lines; this contributed to political problems. Most ethnic Fijians were
Christians, and most Indo-Fijians were Hindu, with a sizable minority
of Muslims. The dominant Methodist Church has closely allied itself
with the interests of the pro-indigenous-Fijian movement.
Break-ins, vandalism, and arson directed at houses of worship,
predominantly Hindu temples, were common. The attacks were broadly
viewed as reflections of intercommunal tensions, although there was
often evidence that theft was a contributing motive. There was no known
Jewish community, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
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. Some persons prohibited from leaving the country
challenged the ban in court in 2007, but the chief registrar terminated
their cases under the provisions of the Administration of Justice
Decree.
A court imposed strict bail conditions on former prime minister
Qarase, who was charged with abuse of office, prohibiting him from
traveling out of the country on the grounds that such travel would pose
a ``threat to national security.'' The government had objected to
interviews Qarase gave on Australian television during a 2008 visit to
family members in Australia.
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.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
but until 2008 the law did not specifically provide for the granting of
refugee status or asylum. In February 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.
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 and the Great Council
of Chiefs remained suspended. Effective January 31, the government
dissolved the country's 12 elected municipal councils, many of which
had criticized the government, and replaced them with six government-
appointed special administrators who each administer two municipal
councils. The administrators each report to the minister for local
government. During the year four military officers were appointed as
divisional commissioners (for the Central/Eastern, Western, Southern,
and Northern Divisions).
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 the leadership of Commodore
Bainimarama during the 2006 coup.
On April 9, 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
on April 10 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. On
April 10, President Iloilo stated that five years would be necessary to
implement the necessary reforms, and that elections (previously
promised for 2009) would be held by 2014.
In July President Iloilo resigned, and in October the cabinet
appointed Ratu Epeli Nailatikau as president.
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.
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 raised
numerous allegations of nonaccountability, abuse of office, fraud,
nepotism, misuse of public property, financial mismanagement, failure
to complete statutory audits, and conflicts of interest regarding
officials and ministries during the year. In 2008 the auditor general
announced that in the absence of a sitting Parliament, audit reports
would be submitted to the cabinet, but would not be made public. This
practice continued during the year. The cabinet referred such reports
to a government-appointed Public Accounts Committee for review.
Under the Bainimarama government, many military personnel were
appointed to positions within government ministries, the diplomatic
corps, the police force, and other agencies, ostensibly to improve the
inefficient bureaucracy.
Public officials are not subject to financial disclosure laws.
FICAC is the primary body responsible for combating government
corruption.
In December FICAC charged Ratu Sakiusa Tuisola, 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.
Jalal was charged with the same offenses on January 1, 2010. Tuisola
and Jalal maintained that businesses in Suva typically operated while
waiting for license issuance, and that the FICAC charges were
politically motivated.
The corruption case of former prime minister Qarase remained
pending at year's end, and Qarase remained free on bail. In March 2008
he was charged with abuse of office related to business transactions
prior to becoming prime minister, and in May 2008 FICAC charged him
with further abuse of office during his tenure as prime minister.
In May UN officials visited the country for three days to assess
its compliance with the Convention against Corruption as part of a UN
pilot project in which the country volunteered to participate. The
project was continuing at year's end.
Although the 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 a government 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 noncivil
servants.
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 coup and the government.
There were several NGOs that concentrated on a variety of local
human rights causes, such as the Pacific Regional Rights Resource Team,
the Citizens' Constitutional Forum, the Fiji Women's Rights Movement,
and the Fiji Women's Crisis Center.
There were instances of government harassment of NGOs critical of
the interim government. For example, on April 15, police in Suva
detained Young People's Concerned Network member and human rights
activist Peter Waqavonovono for several hours and warned him about the
implications of the PER.
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.
In May the major regional organization Pacific Islands Forum (PIF),
whose secretariat is headquartered in Fiji, suspended the country from
the organization 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 expressed in a statement by
the PIF Leader's Roundtable in January. The government refused to
accredit and permit entry to the country of three high-ranking PIF
secretariat staff and blocked customs clearance of secretariat
supplies.
The Commonwealth of Nations suspended Fiji in September, citing
Bainimarama's failure to reactivate a dialogue that would lead to
democratic elections by October 2010.
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 government's
Employment Relations Decree 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 penal code provides for a maximum punishment
of life imprisonment for rape; however, most rapes were prosecuted in
the magistrates' courts, which have a sentencing limit of 10 years.
There were inconsistencies in the sentences imposed for rape by
different magistrates; sentences generally ranged from one to six
years' imprisonment. The NGOs Fiji Women's Rights Movement and Fiji
Women's Crisis Center pressed for more consistent and severe
punishments for rape. The Court of Appeal has ruled that 10 years is
the minimum appropriate sentence in child rape cases. Women's rights
activists continued to press for the formal criminalization of spousal
rape, which is not a specific offense; however, in the past husbands
have been convicted under the general rape law of raping their wives.
In August the government promulgated a decree creating a specific
domestic violence offense; however, the decree had not come into force
by year's end, and domestic violence cases continued to be prosecuted
as assault. Police claimed to practice a ``no-drop'' policy, under
which they pursued investigations of domestic violence cases even if a
victim later withdrew her accusation. However, women's organizations
reported that 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. Women's organizations
reported an increase in abuse and violence against women after the
abrogation of the constitution in April. They stated that the practices
of selecting judges supportive of the government and censoring news
stories critical of police and judges had led to poorer handling of
abuse cases. Incest was widely believed to be underreported.
Traditional practices of reconciliation between aggrieved parties were
sometimes taken into account to mitigate sentences in domestic violence
cases, 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.
Prostitution is illegal, but it occurred, particularly in cities.
Sex tourism is prohibited by law but reportedly occurred, particularly
in tourist centers such as Nadi and Savusavu, including cases involving
children. Taxi drivers, hoteliers, bar workers, and others reportedly
acted as middlemen, facilitating the commercial sexual exploitation of
children.
The Human Rights Commission Act specifically prohibits sexual
harassment, and criminal laws against ``indecent assaults on females''
prohibit offending the modesty of women and have been used to prosecute
sexual harassment cases. Under the 2008 Employment Relations Decree,
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 had been filed under the decree; it was
pending before the Employment Relations Tribunal at year's end.
Couples and individuals 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 physician. However, 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 obstetric and postpartum care were available.
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 Employment Relations Decree prohibits
discrimination on the basis of gender. 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.
The government devoted approximately 25 percent of the national
budget to education and also worked to improve children's health and
welfare. School is mandatory until age 15, but the inability of some
families to pay for uniforms, school fees, and bus fares limited
attendance for some children.
Corporal punishment was common both in homes and in schools,
despite a ministry of education policy forbidding it in the classroom.
Increasing urbanization, overcrowding, and the breakdown of traditional
community and extended family-based structures led to an increasing
incidence of child abuse and appeared to be factors that increased a
child's chance of being exploited for commercial sex. Child
prostitution was reported among high school students and homeless and
jobless urban youth.
Commercial sexual exploitation of children continued to occur
during the year. Under the penal code, commercial sexual exploitation
of children is a misdemeanor, punishable by sentences of up to two
years' imprisonment. 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 under this
provision during the year. Children's rights advocates criticized
existing law as inadequate and called for more severe criminal
sanctions.
Under a July decree, the marriage age for girls was raised from 16
to 18, the same as for boys.
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 girl under age 13, and five years' imprisonment in the case of a
person who has sexual relations with a girl between age 13 and age 15.
However, in the latter case it is considered a sufficient defense to
establish that the perpetrator had ``reasonable cause'' to believe the
girl 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 F25,000 (approximately $12,950) for a first offense and life
imprisonment and/or a fine of up to F$50,000 (approximately $25,900)
for a repeat offense, and the confiscation of any equipment used in the
commission of the offense.
Increasing urbanization led to more children working as casual
laborers, often with no safeguards against abuse or injury.
Trafficking in Persons.--The law prohibits trafficking in persons,
with penalties of up to 20 years' imprisonment and fines of up to
F$750,000 (approximately $388,600) for convicted traffickers. Several
citizens of China who entered Fiji on student visas and were arrested
for prostitution may have been trafficked. However, no further
investigations were conducted before the women were deported to their
country of origin. During the year there were some reports of
commercial sexual exploitation of children within the country.
Although the government expressed an intention to combat
trafficking in persons more vigorously, during the year it did not
sponsor or provide assistance to any programs specifically designed to
combat or prevent such trafficking. The government has pursued criminal
charges against some persons it termed trafficking victims, jailing
some and deporting alleged victims with no effort at rehabilitation.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip/.
Persons With Disabilities.--Under the constitution abrogated in
April, 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. There were a number of community organizations
to assist those with disabilities, particularly children.
Most persons with mental disabilities were separated from society
and typically were supported at home by their families.
Institutionalization of persons with severe mental disabilities was in
a single overcrowded, underfunded public facility in Suva. There were a
number of special schools for persons with physical, cognitive, and
sensory disabilities; however, cost and location limited access.
Opportunities for a secondary school education for those with
disabilities were very limited.
The government-funded Fiji National Council for Disabled Persons
worked to protect the rights of persons with disabilities. Several NGOs
also promoted attention to the needs of persons with various
disabilities.
National/Racial/Ethnic Minorities.--Tension between ethnic Fijians
and Indo-Fijians has been a longstanding problem. 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. 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.
On September 8, the cabinet approved implementation of a new intake
policy for the Fiji School of Nursing, under which considerations of
geography and disadvantaged status would replace existing ethnicity-
based entry quotas.
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.
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 criminalizes homosexual acts between males, but
the judiciary has held these provisions to be unconstitutional. The
Employment Relations Decree prohibits discrimination in employment
based on sexual orientation.
The gay, lesbian, bisexual, and transgender NGO ``Equal Ground
Pasifik'' operated in the country. There were no reports of impediments
to its operation.
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, unions
reported considerable government interference with, and denial of,
their right to organize.
An estimated 31 percent of the work force was unionized. While some
unions were ethnically based, most were not, and both Indo-Fijians and
ethnic Fijians held leadership roles in the trade union movement. All
unions must register with, but are not controlled by, the government.
The Employment Relations Decree gives unions the right to appeal to the
Employment Relations Tribunal (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.
The law allows restrictions on the right of association if
necessary in the public interest or to protect national security, and
police, military, and prison personnel are prohibited from forming or
joining a union.
The law provides for the right to strike, except in the case of
police, military, and prison personnel; their working conditions are
covered under separate laws. Unions can conduct secret strike ballots,
but must give the registrar 21 days' notice. The Ministry of 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, for example,
emergency, health, fire, sanitary, electrical, and water services;
telecommunications; air traffic control; and fuel supply and
distribution--must give an employer an additional 28 days'
notification.
The law permits the minister of labor to declare a strike unlawful
and refer the dispute to the ERT; in these circumstances workers and
strike leaders can face criminal charges if they persist in strike
action.
There were strikes during the year, some of which were declared
unlawful by the government and at year's end were in arbitration
proceedings.
b. The Right to Organize and Bargain Collectively.--Workers have
the right to organize and bargain collectively. However, wage
negotiations generally were conducted at the level of individual
companies rather than industrywide. Traditional key sectors of the
economy, including sugar and tourism, were heavily unionized. Although
the law allows unionization, union organizers' jobs were not protected,
resulting in low unionization in some sectors.
Under the Employment Relations Decree, any trade union with six or
more members may enter into collective bargaining with an employer. The
decree allows individual employees, including nonunionized workers, as
well as unions to bring a dispute with employers before the permanent
secretary for labor for mediation. Nonunionized workers made up the
majority (approximately 70 percent) of the work force. Individuals,
employers, and unions on behalf of their members may submit employment
disputes and grievances alleging discrimination, unfair dismissal,
sexual harassment, or certain other unfair labor practices to the
Ministry of 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.
Under the Employment Relations Decree, 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 constitution
prohibits forced or compulsory labor, but there were reports of
commercial sexual exploitation of children.
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. 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 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; 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.
e. Acceptable Conditions of Work.--There was no single, national
minimum wage, although the Wages Councils set minimum wages for certain
sectors. The councils comprise representatives of both workers and
employers and are required to publish wage proposals and provide the
public, unions, and employers 30 days to comment on the proposals. Once
the councils have prepared a final wage order, it must be approved by
the minister of labor. The Labor Ministry enforced minimum wages
through its Labor Inspectorate. On July 1, minimum wage increases went
into effect in nine industrial sectors. Entry-level wages in
unregulated sectors, especially service industries, provided a sparse
and often only marginally adequate standard of living for a worker and
family.
There is no single national limitation on maximum working hours for
adults; however, there are restrictions and overtime provisions in
certain sectors. Workers in some industries, notably transportation and
shipping, worked excessive hours.
There are workplace safety laws and regulations, and a worker's
compensation act. Safety standards apply equally to citizens and
foreign workers; however, government enforcement suffered from a lack
of trained personnel and delays in compensation hearings and rulings.
Unions generally monitored safety standards in organized workplaces,
but many work areas did not meet standards, and not all were monitored
by the Ministry of 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.
__________
INDONESIA
Indonesia is a multiparty democracy with a population of
approximately 245 million. On July 8, Susilo Bambang Yudhoyono was
reelected president in generally free and fair elections. April 9
legislative elections were complex, but domestic and international
observers judged them generally free and fair as well. Civilian
authorities generally maintained effective control of the security
forces, although the fact that the Indonesian Armed Forces (TNI)
continued to be partly self-financed weakened this control.
The government generally respected the human rights of its citizens
and upheld civil liberties. Nonetheless, there were problems during the
year in the following areas: killings by security forces; vigilantism;
harsh prison conditions; impunity for prison authorities and some other
officials; corruption in the judicial system; limitations on free
speech; societal abuse and discrimination against religious groups and
interference with freedom of religion, sometimes with the complicity of
local officials; violence and sexual abuse against women and children;
trafficking in persons; child labor; and failure to enforce labor
standards and worker rights.
During the year the country continued to make progress in
strengthening and consolidating its democracy. For example, the
Indonesian National Police adopted a use of force policy that strictly
proscribes the use of deadly force and allows it to track and minimize
the use of force by police. The government also continued the
prosecutions of high-level officials for corruption.
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 committed a number of killings in the course
of apprehending alleged criminals and terrorists.
On April 2, the North Jakarta police allegedly beat and shot Bayu
Putra Perdana while he was in custody. According to a hospital autopsy,
Bayu died as a result of torture.
The police continued vigorous action against accused terrorists. On
August 7-8, the following members of the terrorist Jemaah Islamiya (JI)
were killed in the course of raids on terrorist safe houses: Ibrohim,
Air Setyawan, and Eko Joko. On September 16-17, in an exchange of
gunfire, police killed the following additional JI members: Noordin M.
Top, Hadi Susilo, Bagus Budi Pranoto, and Ario Sudarso.
Violence affected the provinces of Papua and West Papua during the
year. For example, on the legislative election day, April 9, a group
armed with traditional weapons attacked a police station in Bepura,
police killed one of the attackers; in a separate incident, police in
Nabire reportedly arrested protestor Abet Nego Keiya and allegedly
punched, kicked, and beat him with rifle butts and stabbed him with
bayonets until he died. On June 6, police killed two persons while
recapturing an airstrip in Memberamo Raya District; a local official
was also killed and four police were seriously injured. On June 24,
police shot and killed Melkias Agape in the city of Nabire. On June 30,
Police Mobile Brigade (BRIMOB) officers shot and killed Mika Boma and
injured another four persons during a clash with rioters in Paniai. On
August 3, members of the BRIMOB allegedly shot and killed tribal leader
and former political prisoner Yawan Wayeni at his house in Mantembu
village, Yapen Island, Papua. On December 16, the well-known separatist
leader Kelly Kwalik died following a reported exchange of gunfire with
police. Kwalik was armed and reportedly resisted arrest. His body was
turned over to his family for burial. At year's end there was no
publicly available information regarding a police investigation.
The Papuan separatist organization, Organisasi Papua Merdeka (OPM),
was also implicated in a number of killings during the year. On March
15, OPM members killed a soldier in Puncak Jaya District; the same
group was also accused of killing two civilians. On April 15, OPM
members killed a police officer in Puncak Jaya.
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. Some of the incidents occurred in the vicinity
of a giant gold and copper mine.
Other notable killings by police or unknown parties during the year
occurred in Aceh Province. According to nongovernmental organizations
(NGOs), on February 2, the Pidie police allegedly killed former Aceh
Independence Movement (GAM) combatant Fauzi Bin Syarifuddin. On
February 3-4, two members of the Aceh Transition Committee (the
successor organization to GAM) were shot and killed in separate
incidents. On July 9, police in Krueng Raya allegedly tortured and
killed Susanto, an alleged thief, while in custody. There were a number
of nonlethal incidents in the preelection period in Aceh as well.
Police arrested 37 individuals in connection with violent acts leading
up to the elections. At year's end trials of persons accused of some of
these violent acts were underway in courts in North Sumatra and
Jakarta.
During the year the Ambon Military Court convicted and sentenced 87
TNI personnel to prison for their involvement in the February 2008
attack on Masohi Police Station in Masohi City, Central Malaku. Prison
sentences ranged from five to 12 months.
In December 2008 the Bojoneggoro District Court convicted and
sentenced the former head of forestry management unit in Bojoneggor
District, Supriyanto, to three years in prison for the April 2008
killing of two farmers.
In December 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. On July 10, the
Supreme Court upheld the acquittal and remanded the case to the
district court. The Attorney General's Office (AGO) said that it
intended to file a motion requesting the Supreme Court to ``review''
the ruling. Under the law, the AGO must present new evidence or
identify judicial inconsistencies in the original ruling for the review
to be granted.
On January 1, an appeals court overturned a lower court acquittal
of Rohainal Aini as an accomplice in Munir's murder and sentenced her
to one year in prison.
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 April 2008 the National Human Rights Commission (Komnas HAM)
resubmitted its 2006 report on the 1998 abductions of prodemocracy
activists to the AGO. Despite refusals from military personnel to
cooperate in the investigation, Komnas HAM concluded that all victims
still missing were dead and identified suspects for an official
investigation without publicly releasing their names. The AGO took no
action, stating that it could not prosecute unless the House of
Representatives (DPR) declared these crimes gross human rights
violations and recommended the creation of an ad hoc human rights
court. On September 28, the DPR approved the formation of an ad hoc
court to pursue investigations and possible prosecutions of the
disappearances.
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 that detainees were beaten with fists, sticks,
cables, iron bars, and hammers. Some detainees reportedly were shot in
the legs at close range, subjected to electric shock, burned, or had
heavy implements placed on their feet.
On October 24, approximately 12 Jakarta police officers detained
and allegedly beat Riko, a transgender person, as a suspect in a
burglary. At year's end an internal police investigation continued.
On November 11, Depok police officers raided a house and arrested
several individuals for allegedly gambling. During the raid officers
shot and killed Subagyo when he attempted to flee. On November 14, an
internal police investigation found that 10 officers used excessive
force during the raid and sentenced them to between two and three weeks
in prison and transferred them to other posts.
On December 5, four Depok police officers detained J.J. Rizal for
possible drug use. Rizal was abused by the officers and suffered a cut
lip, two contusions on his head, a bruised jaw, and ringing in the
ears. At year's end an internal investigation found the officers used
excessive force during the arrest and sentenced them to 14 to 21 days'
detention and demotion.
Komnas HAM said during the year there were 180 registered
complaints of human rights violations against the National Police
(INP). The nongovernmental organization (NGO) Jakarta Legal Aid
Institute (LBH Jakarta) reported receiving 1,061 complaints of
violations of civil and political rights against the INP.
A January/February 2008 survey by LBH Jakarta of 412 respondents in
various detention places found that acts of torture and other ill-
treatment were common. Of the respondents who were interrogated at
police stations, 367 alleged abuse during the arrest and interrogation
process.
On April 6, police clashed with several thousand proindependence
supporters in Nabire, Papua, and shot and injured nine persons. Police
also arrested and charged Monika Zonggonau for treason after she
allegedly displayed an outlawed separatist symbol. Monika suffered head
injuries when police allegedly beat her with a rifle butt during her
arrest and detention.
On April 14, police officers from the Tegal and Slawi police
stations in Central Java arrested and allegedly tortured Carmadi, a
local resident. Two days later Carmadi died as a result of his
injuries. According to NGOs, the police fabricated an autopsy report
clearing them of Carmadi's death. At year's end there was no
information about an investigation of the Tegal and Slawi police.
On April 29, police in Cirebon, West Java, arrested Zainal Muhammad
Latif for alleged drug trafficking. While he was in custody, 10 police
officers allegedly blindfolded, gagged, and beat Zainal.
On July 23, police officers from the Wamena airport security unit
arrested and allegedly tortured Kiten Tabuni. Tabuni was hospitalized
for his injuries. By year's end no known investigation of the police
had been carried out.
In May 2008 Masu'udi, the chief warrant officer of Malang Military
subdistrict command, tortured Mujib, a local civilian. Mujid
subsequently died from his injuries. Masu'udi was sentenced to 10
months in prison.
According to the most recent statistics available, 36 persons were
publicly caned in Aceh under the local Shari'a (Islamic law) for
gambling. There were no reported cases of caning for alcohol
consumption or being alone with persons of the opposite sex.
On February 3, a crowd of approximately 2,000 protesters
demonstrated in front of the North Sumatra Provincial Parliament, and
some forced their way into the building. They manhandled the
parliament's speaker, Abdul Aziz Angkat, and forced him to confront the
crowd. Angkat fainted and later that afternoon was pronounced dead.
During the year 69 persons were tried in connection with the incident
and were sentenced to between one and 10 years in prison.
On November 6, unknown assailants in Aceh shot and wounded a German
Red Cross official in a clearly marked Red Cross vehicle. No arrests
had been made by year's end.
There were instances in which police failed to respond to mob or
vigilante violence. Mobs carried out vigilante justice, but reliable
statistics on such actions were not available. Thefts or perceived
thefts triggered many such incidents.
Prison and Detention Center Conditions.--Conditions at the
country's 642 prisons and detention centers were harsh. Overcrowding
was widespread. In Jakarta, occupancy frequently was two or three times
more than recommended capacity. According to the government, the Pondok
Bambu Detention Facility in Jakarta, designed for 500 prisoners, held
1,172 prisoners. 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 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.
Guards regularly extorted money from and mistreated inmates. There
were widespread reports that the government did not supply sufficient
food to inmates, and family members often brought food to supplement
their relatives' diets. Family members reported that prison officials
often sought bribes to allow relatives to visit inmates. Officials held
unruly detainees in solitary confinement for up to six days on a rice-
and-water diet. According to government figures, 778 prisoners died
during the year, compared with 750 in 2008. Prison officials reported
that 9,000 rupiah/day ($0.90/day) is allocated for a prisoner's food
and health care.
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; however, in practice pretrial detainees at times
were held with convicted prisoners.
Since March the International Committee of the Red Cross (ICRC) was
denied access to monitor prison conditions and treatment of prisoners.
In addition the government requested the ICRC to close field offices in
Aceh and Papua provinces. The government stated ICRC services were no
longer required within the country.
On November 26, 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.
d. Arbitrary Arrest or Detention.--The law contains provisions that
protect against arbitrary arrest and detention but lacks adequate
enforcement mechanisms, and some authorities routinely violated these
provisions.
Role of the Police and Security Apparatus.--The president appoints
the national police chief, subject to confirmation by the DPR. The
police chief reports to the president but is not a full member of the
cabinet. The INP has 327,526 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. In
Aceh the Shari'a police, a provincial body, is responsible for
enforcing Shari'a.
The Internal Affairs Division and the National Police Commission
within the INP investigate complaints against individual police
officers. Additionally, Komnas HAM and NGOs conducted external
investigations, with the knowledge and cooperation of the police.
During the year, 6,546 officers were charged with criminal and
disciplinary infractions.
On January 30, 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.
During the year Komnas HAM received 1,302 complaints of human
rights abuses by the police. Of these, 891 were related to torture and
abuse allegedly committed during interrogations.
On June 25, 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. Police
commonly extracted bribes ranging from minor payoffs in traffic cases
to large bribes in criminal investigations.
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 any person who, based on adequate
preliminary evidence, is strongly suspected of committing or planning
to commit any act of terrorism for up to four months before charges
must be filed.
During his November 2007 visit, the UN special rapporteur on
torture found that in many instances the authorities did not grant
bail, frequently prevented access to defense counsel during
investigations, and limited or prevented access to legal assistance
from voluntary legal defense organizations. Court officials sometimes
accepted bribes in exchange for granting bail.
By law suspects or defendants have the right to the legal counsel
of their choice at every stage of an investigation. Court officials
will provide free legal counsel to persons charged with offenses that
carry a death penalty or imprisonment of 15 years or more, or to
destitute defendants facing charges that carry a penalty of five years
or more. Suspects have the right to bail and to be notified of the
charges against them.
e. Denial of Fair Public Trial.--The law provides for judicial
independence; however, in practice the judiciary remained susceptible
to influence from outside parties, including business interests,
politicians, and the 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.
District, military, religious, and administrative courts fall under
the jurisdiction and purview of the Supreme Court. The Supreme Court
normally considers only the lower courts' application of the law.
Another avenue for appeal, judicial review, allows the Supreme Court to
revisit cases that have already been decided (including by the Supreme
Court itself), provided there is new evidence that was not available
during earlier trials. Parallel to the Supreme Court is the
Constitutional Court, which is empowered to review the
constitutionality of laws, settle disputes between state institutions,
dissolve political parties, resolve certain electoral disputes, and
decide allegations of treason or corruption against the president or
vice president. The Constitutional Court demonstrated significant
independence and continued to overturn legislation that it found
unconstitutional. During the year the Constitutional Court found
provisions of the election law to be unconstitutional.
Widespread corruption throughout the legal system continued. Bribes
and extortion influenced prosecution, conviction, and sentencing in
civil and criminal cases. In 2008 the National Ombudsman Commission
reported receiving 166 complaints of judicial corruption involving
judges, clerks, and lawyers. Key individuals in the justice system were
accused of accepting bribes and of turning a blind eye to other
government offices suspected of corruption. Legal aid organizations
reported that cases often moved very slowly unless a bribe was paid. As
a result of an independent fact-finding team's investigation, President
Yudhoyono appointed a Task Force to Eradicate Judicial Mafias tasked
with investigating the network of case brokers and influence peddlers
who act as intermediaries in judicial cases.
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 said that some military court proceedings all the way
to the Supreme Court were not public; however, the trials of the
marines charged in the 2007 Alastlogo killings were public.
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 Shari'a court system in Aceh, 19 district religious
courts and one court of appeals heard cases. The courts heard only
cases involving Muslims and used decrees formulated by the local
government rather than the penal code. Critics argued that Shari'a
regulations were procedurally ambiguous. For example, defendants had a
right to legal aid, but this right was inconsistently implemented.
Although Shari'a cases were supposed to be tried in closed hearings,
during the year there were numerous problems with trial proceedings
going forward in open court.
Trial Procedures.--The law presumes that defendants are innocent
until proven guilty. Defendants have the right to confront witnesses
and call witnesses in their defense. An exception is allowed in cases
in which distance or expense is deemed excessive for transporting
witnesses to court; in such cases sworn affidavits may be introduced.
However, the courts allowed forced confessions and limited the
presentation of defense evidence. Defendants have the right to avoid
self-incrimination. In each of the country's 755 courts, a panel of
judges conducts trials by posing questions, hearing evidence, deciding
on guilt or innocence, and imposing punishment. Both the defense and
prosecution can appeal.
The law gives defendants the right to an attorney from the time of
arrest and at every stage of examination and requires that defendants
in cases involving capital punishment or a prison sentence of 15 years
or more be represented by counsel. In cases involving potential
sentences of five years or more, the law requires that an attorney be
appointed if the defendant is indigent and requests counsel. In theory
indigent defendants may obtain private legal assistance, and NGO lawyer
associations provided free legal representation to indigent defendants.
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 Shari'a
and military trials, trials are public.
Political Prisoners and Detainees.--During the year at least seven
Papuan independence activists, including a 16-year-old boy, were in
detention for raising a banned separatist flag. Filep Karma and Yusak
Pakage remained in detention serving 15 and 10 years, respectively, for
their role in such a flag raising.
On November 12, the Manokwari District Court convicted Roni Ruben
Iba, Isak Iba, and Piter Iba for the January 1 raising of the banned
separatist flag outside a government office.
During the year individuals in Maluku, including Johan Teterisa,
serving a life sentence, were imprisoned for raising a banned
separatist flag. They were charged with incitement of hatred and
rebellion. During the year Republik Maluku Selatan (RMS) separatists
were sentenced for flag raising (see section 2.a.).
According to the international NGO Human Rights Watch, there were
more than 170 persons in prisons throughout the country for flag
raising.
In 2007 the authorities arrested Papuan human rights activist
Iwanggin Sabar Olif on suspicion of incitement of hatred and
defamation. On January 29, the Jayapura District Court acquitted Olif
of all charges.
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.''
On November 23, the minister of communications and information said
that he wanted to regulate wiretapping by requiring that law
enforcement agencies obtain prior approval from the courts and his
ministry. Some observers criticized the statement as an attempt to
weaken the Anticorruption Commission (KPK) (see section 4). At year's
end discussions were underway between the administration and the DPR
concerning establishment of a central consulting agency for all law
enforcement agencies with authority over wiretapping.
Security officials occasionally broke into homes and offices.
Authorities occasionally conducted warrantless surveillance on
individuals and their residences and monitored telephone calls. Corrupt
officials sometimes subjected migrants returning from abroad,
particularly women, to arbitrary strip searches, theft, and extortion.
In some parts of the country, particularly in Kalimantan and Papua,
residents believed that government-sponsored transmigration programs,
which move households from more densely populated areas to less
populated regions, interfered with their traditional ways of life, land
usage, and economic opportunities. Although the number of new persons
in transmigration was significantly less than in previous years, the
government continued to support financially approximately 6,756
households moved in 2008 from overpopulated areas to isolated and less-
developed areas in 21 provinces.
The government used its authority, and at times intimidation, to
expropriate land for development projects, often without fair
compensation. In other cases state-owned companies were accused of
endangering resources upon which citizens' livelihood depended. A
presidential decree on land acquisition for public use allows the
government to acquire land for private development projects even if
landowners have not agreed on the amount of compensation. A number of
NGOs argued that the decree served the interests of wealthy developers
at the expense of the poor.
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. The NGO Poor People's Alliance reported that
approximately 8,050 persons were evicted from their homes or informal
businesses during the year. According to city officials, the Jakarta
administration carried out eight evictions during the year, forcing
7,814 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 which provided special protections to the president, the
vice president, and the government.
During the year there was a trend of persons accused of corruption
and those involved in civil disputes filing criminal defamation
complaints with police in an attempt to silence their critics.
On July 15, Kho Seng Seng and Winny Kwee were convicted of
defamation and given six-month suspended sentences and one-year
probation each. Both had submitted letters to editors of different
newspapers complaining about a property developer. At year's end both
cases were pending appeal.
On August 3, the Yogyakarta police named anticorruption activist
Muhammad Dadang Iskandar a suspect for alleged defamation against
members of the local legislature, Slamet and Arif Setiadi.
On September 8, 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.
On October 12, Illian Deta Arta Sari and Emerson Yuntho, staff
members of the NGO Indonesia Corruption Watch, were identified as
suspects in a criminal defamation case for campaigning against the
criminal investigation of the deputy chairmen of the KPK (see section
4).
On December 24, the Jakarta police identified actress Luna Maya as
a suspect for alleged defamation against journalists based on comments
she had posted on her Twitter account.
Based on recent statistics the authorities arrested at least 30
persons for raising separatist flags in Papua. Although the Papua
Special Autonomy Law permits flying a flag symbolizing Papua's cultural
identity, a government regulation prohibits the display of the Morning
Star flag in Papua, the RMS flag in Maluku, and the Crescent Moon flag
in Aceh.
On March 23, Bruce Nahumury was sentenced to four years in prison
for his role in the display of the banned RMS flag during a dance
welcoming President Yudhoyono in 2007.
On April 6, police arrested 15 members of West Papua National
Committee (KNPB) in Nabire, Papua, for a demonstration and charged them
with treason. On September 14, a judge acquitted the members of the
KNPB of all charges.
On April 6, Musa Tabuni, Serafin Diaz, and Yance Mote were arrested
and charged with subversion and separatism following a KNPB Customary
Council meeting in Jayapura. At year's end they were in detention
awaiting trial.
The government continued to restrict foreign journalists, NGOs, and
government officials 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. On November 15, two foreign journalists attempting to
cover a demonstration by Greenpeace activists were detained by police
in Riau Province and deported for lacking accreditation. The
Immigration Police explained that the journalists were required to
obtain news coverage permits from the Ministry of Communication and
Information.
Although journalists faced violence and intimidation, the Alliance
of Independence Journalists reported a decrease in violence against
journalists, with 38 cases during the 12-month period beginning August
2008, compared with 60 cases in the previous 12 months. There were 22
cases of physical violence, including the murder of a Radar Bali
journalist, Anak Agung Prabangsa, in February. Nine cases were criminal
and civil lawsuits. As of August, 14 cases of defamation were pending
in court.
On May 13, a bank security guard assaulted Carlos Pardede, a
television journalist on his way to conduct an interview, resulting in
serious injury. On August 8, a court convicted and sentenced the
security guard to four months in prison.
Defamation and libel suits made investigative journalism
potentially expensive. On April 16, the Supreme Court overturned its
2007 decision awarding former president Suharto one trillion rupiah
(approximately $100 million) in a libel suit against Time.
On July 15, the South Jakarta District Court rejected a libel suit
filed by Islamic Troop (a militant Islamic protest group) commander,
Munarman, against local newspaper Koran Tempo.
During the year, the government took no legal action against any
persons responsible for crimes committed against journalists in 2008.
Internet Freedom.--The Internet had considerable impact in urban
areas, and social networking media, for example, was used to rally
support for two government anticorruption officials (see section 4) as
well as for a woman convicted of defamation. According to International
Telecommunication Union statistics for 2008, approximately 8 percent of
the country's inhabitants used the Internet.
In March 2008, the DPR passed the Information and Electronic
Transaction (ITE) Law. The law, intended to combat online crime,
pornography, gambling, blackmail, lies, threats, and racism, prohibits
citizens from distributing in electronic format any information that is
defamatory and punishes transgressors with a maximum of six years in
prison or a fine of one billion rupiah ($100,000) or both. The
Information and Communication Ministry Web site offered free software
to block Web sites with adult content.
On May 13, Prita Mulyasari was arrested and charged with defamation
under the ITE law. She sent a personal e-mail complaining about poor
services at a local hospital. The e-mail was widely circulated through
Internet mailing lists and chat rooms, and the hospital filed a
complaint with the police. On June 25, a district court threw out the
defamation charge in a preliminary hearing, but the Banten High Court
overturned the ruling and ordered a retrial. Mulyasari was found guilty
in the retrial and ordered to pay 204 million rupiah (approximately
$21,600). She received widespread financial support to pay her fines
and legal expenses, including from senior political figures. On
December 29, the Tangerang District Court ruled that her e-mail did not
constitute defamation and acquitted her on all charges.
Internet cafes are required to provide the identities of Internet
users to a government agency on a monthly basis.
Academic Freedom and Cultural Events.--Following the arrest of two
State Islamic University students for involvement in terrorist networks
and hiding two suspected terrorists, the university's rector announced
a decision to change the curriculum to improve students understanding
of Islam.
In October 2008, the DPR passed an antipornography bill. Critics
considered its definition of pornography too broad and feared that it
could be used to justify attacks on artistic, religious, and cultural
freedom. The bill includes provisions that allow citizens to
``supervise'' adherence to the law. During the year one group of
traditional ``jaipong'' dancers in West Java were told to cover up
their costumes and cut down on their gyrations so as not to violate the
law. On December 31, Bandung police arrested four female nightclub
performers. In February the Constitutional Court began consideration of
a complaint that the law violates freedom of religion and expression
tenets of the constitution.
During the year the government-supervised Film Censorship Institute
(LSF) continued to censor domestic and imported movies for content
deemed pornographic or religiously offensive. On December 1, the LSF
banned the Australian movie Balibo. The movie depicts the killing of
five journalists in East Timor by Indonesian soldiers. The TNI has
consistently maintained that the journalists were killed in a cross
fire with East Timor guerrilla fighters.
The AGO has the authority to monitor written materials. During the
year, the AGO banned five books: The September 30 Movement and Soeharto
Coup de'tat by Jhon Roosa; Six Ways to Reach God by Darmawan M.M.;
Resolving the Mystery of Religious Diversity by Syahrudin Ahmad; The
Voice of Churches for Suppressed People, Blood and God's Tears in West
Papua by Cocrateze Sofyan Yoman; and Lekra Never Burns Books by Roma
Yuliantri and Muhidin Dahlan.
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.).
In general the INP exercised discipline and handled demonstrations
responsibly. However, in Papua and West Papua, demonstrators complained
of police overreaction and undue use of force; police said that
demonstrators initiated the violence by throwing rocks and employing
traditional weapons such as arrows and spears. Examples include an
April 5 rally in Nabire calling for a boycott of the national elections
during which seven civilians and five police were injured; on April 6,
in Nabire police shot nine persons, and one police officer was shot
with an arrow. At year's end there were a number of peaceful,
anticorruption rallies throughout the country.
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 Ahmaddiya have not held any national conferences since
April 2008, when the Bali police refused to issue them a permit (see
section 2.c.).
c. Freedom of Religion.--The constitution provides ``all persons
the right to worship according to his or her own religion or belief''
and states that ``the nation is based upon belief in one supreme God.''
The government generally respected the former provision. Six faiths--
Islam, Protestantism, Catholicism, Hinduism, Buddhism, and
Confucianism--received official recognition in the form of
representation at the Ministry of Religious Affairs. Unrecognized
groups may register with the Ministry of Culture and Tourism as social
organizations. By law they have the right to establish house(s) of
worship, obtain identity cards, and register marriages and births; in
practice they faced administrative difficulties in doing so. In June
2008 the government issued a decree prohibiting the Ahmaddiya from
proselytizing and from practices deemed ``deviant'' from mainstream
Islam.
On September 29, the police in Garut, West Java, took members of
the Daifillah sect into custody after local residents accused the group
of blasphemy. At year's end the investigation continued, and the police
had not filed formal charges against Daifillah members.
On September 29, the Bandung State Administrative Court overturned
the Depok mayor's decision to revoke the Huria Batak Kristen Protestan
church building permit. The mayor revoked the permit following
complaints by the local Muslim community. The renovations continued at
year's end.
Persons whose religion was not one of the six officially recognized
faiths had difficulty obtaining an identity card, which was necessary
to register marriages, births, and divorces. Men and women of different
religions experienced difficulties in marrying and registering
marriages. The government refused to register a marriage unless a
religious marriage ceremony had taken place. However, very few
religious officials were willing to take part in weddings involving
couples of different faiths. For this reason, some brides and grooms
converted to their partner's religion. Others resorted to traveling
overseas to wed.
The civil registration system continued to discriminate against
members of minority religions. Civil registry officials refused to
register the marriages or births of children of members of the Baha'i
faith and others because they did not belong to one of the six
officially recognized faiths. According to the Hindu association
Parisadha Hindu Dharma Indonesia, despite official recognition of their
religion, Hindus, particularly in North Lampung, Southeast Sulawesi,
Kalimantan, and some areas in East Java, sometimes had to travel
greater distances to register marriages or births because local
officials would not perform the registration.
During the Muslim fasting month of Ramadan, many local governments
ordered either the closure or limited operating hours for various types
of ``entertainment'' establishments, particularly bars and nightclubs
not located in five-star hotels. Government and mainstream Islamic
leaders called on fringe groups not to carry out vigilante closings of
establishments that violated these decrees, and these groups complied.
On August 21, the INP announced that police officers would monitor
sermons delivered in mosques.
Under the terms of the 2005 Aceh peace agreement, Aceh is the only
province in Indonesia formally permitted to implement aspects of
Shari'a. The provincial government enacted ``qanun,'' regulations
governing relations between members of the opposite sex, alcohol
consumption, and gambling. On September 14, the outgoing provincial
parliament enacted qanun, which prescribed stoning to death for
adultery and steep prison terms and public caning for homosexual acts,
rape, and pedophilia. Critics both inside and outside Aceh criticized
the new qanun as unconstitutional, and more secularly minded parties
dominated the incoming provincial parliament.
In October the West Aceh regent announced a local regulation
barring Muslim women from wearing pants. Although the law was not to go
into effect until 2010, local Islamic police and other officials began
enforcing it by stopping women wearing pants while on motorcycles and
issuing warnings. Officials refused to serve women wearing pants at
government offices, including medical facilities. Non-Muslim women
reported that they also were refused medical and other services.
Many local governments maintained laws with elements of Shari'a
that abrogated the rights of women and religious minorities. In many
cases these laws require Muslim women to wear headscarves in public;
mandate elected Muslim officials, students, civil servants, and
individuals seeking marriage licenses to be able to read the Koran in
Arabic; and prohibit Muslims from drinking alcohol and gambling. Some
of these laws were attempts to deal with local social problems, and in
many cases the laws were not enforced. Although the central government
holds authority over religious matters, it failed to overturn any local
laws that restricted rights guaranteed in the constitution.
Societal Abuses and Discrimination.--On November 9, the Arastamar
Evangelical School of Theology, also known as Setia College, reached a
settlement with the Jakarta governor's office regarding a new campus.
The school was attacked in July 2008 by residents of Kampung Pulo
District, West Jakarta. At year's end the students continued to live
and take classes in three different locations in the city, often in
poor conditions.
On December 17, the first day of the Islamic New Year, a mob
attacked and damaged Saint Albert's Church in Bekasi Regency.
The Jewish population was approximately 15,000. On January 7, an
estimated 100 activists from a Muslim organization in East Java held a
protest in front of a Surabaya synagogue to demonstrate support for
Palestinians. Some protesters reportedly carried signs with anti-
Semitic references. Police prevented the protesters from entering the
synagogue. There were no injuries or damage. In the context of the
continuing Israel/Palestine conflict, articles in the media and public
statements by community leaders often criticized Israeli policy using
anti-Semitic rhetoric demeaning to Jewish persons and Judaism. Although
the government promoted tolerance education in primary schools, there
was no specific curriculum devoted exclusively to anti-Semitism
education.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
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 698 persons from leaving and
1,266 from entering the country in 2007. The immigration office
prevented these departures at the request of the police, the AGO, the
KPK, and the Department of Finance. Some of those barred from leaving
were delinquent taxpayers, convicted or indicted persons, and persons
otherwise involved in legal disputes.
During the year approximately 300 Papuans who had been sheltering
in Papua New Guinea for many years voluntarily returned to West Papua
Province.
The constitution prohibits forced exile, and the government did not
use it.
Internally Displaced Persons (IDPs).--The Internal Displacement
Monitoring Center reported that there were between 70,000 and 120,000
IDPs in the country. According to the Aceh Recovery Body, only 1,500
IDPs remained in Aceh. According to International Organization for
Migration (IOM), the number of IDPs in West Sumatra as a result of the
October 30 earthquake was 4,000, spread throughout the province. A mud
flow in 2008 in Porong, East Java, left 2,500 persons in camps.
Approximately 2,000 IDPs who had been staying in the Porong Market Camp
left the camp after receiving compensation payment. On September 18,
the East Java governor officially handed over new houses to them. Due
to preelection tensions in Aceh, tens of thousands of Javanese
transmigrants fled and were displaced to neighboring North Sumatra
Province. In all incidents the government allowed IDP access to
domestic and international humanitarian organizations and permitted
them to accept assistance provided by these groups. The government did
not attack or target IDPs or forcibly return or resettle IDPs under
dangerous conditions.
Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the national 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 529 refugees and 1,593 asylum seekers.
The IOM estimated 1,014 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 from access to
public elementary education.
The above figures did not include 10,436 former refugees from East
Timor who resided in East Nusa Tengara (NTT) at the end of the year,
according to the Center for Internally Displaced Peoples Service in
West Timor. According to NGOs, there were approximately 20,000 ex-East
Timorese refugees resettled in NTT, and 5,000 were still in temporary
shelters.
In January and February, nearly 400 Rohingya and Bangladeshi landed
in the country. The government initially threatened to deport them as
economic migrants and, until April, blocked UNHCR officials' access to
the migrants. At year's end the migrants were confined in squalid
makeshift camps in Aceh Province and were not allowed freedom of
movement.
The 119 Bangladeshi migrants do not qualify for UNHCR protection.
The government was working with the Embassy of Bangladesh to repatriate
them.
On May 14, 55 Sri Lankan migrants drifted ashore in western Aceh
Province. The government placed restrictions on their free movement.
During the year tensions at one overcrowded camp sheltering
Rohingya and Bangladeshi migrants led to mistreatment of the migrants
by humanitarian workers. Reportedly the migrants had been well treated
since coming onshore in February, but on March 19, Indonesian Red Cross
(PMI) staff beat three of the migrants. On July 12, 21 migrants tried
to escape the camp but were recaptured by police. Back at camp, the PMI
staff beat two of the would-be escapees. IOM staffers intervened to
stop the beatings. That night, after the IOM staffers had left, the PMI
staff beat all 21 of the would-be escapees, some severely. On June 15,
after two migrants successfully escaped, PMI staff reportedly went from
tent to tent and threw hot water on the men and assaulted most of the
persons in each tent.
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.--On July 8, President
Yudhoyono was reelected overwhelmingly in generally free and fair
elections.
On April 9, the country conducted its third democratic legislative
elections. These were a massively 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
that 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, however,
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.
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 that
parties put forward more women candidates. The Constitutional Court
invalidated this clause when it struck down the law and ruled that
voters for the first time could directly elect their representatives,
regardless of their position on party lists. Nonetheless, the number of
women in parliament increased significantly, from 11 percent to 18
percent of the DPR seats in the April 9 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.
In 2007 the Constitutional Court ruled that independent candidates
could run for local office and that a political party's nomination was
not required. In September 2008 the first gubernatorial election that
involved independent candidates was held in South Sumatra. Not all went
smoothly with gubernatorial elections. The Constitutional Court ordered
a rerun for several districts in the November 2008 East Java
gubernatorial election when it found evidence of fraud. Allegations of
fraud also plagued the January rerun. Both sets of candidates likely
engaged in vote buying, but election officials determined that the
level of fraud did not affect the outcome. The new governor was
inaugurated in February.
With the exception of Aceh Province, where non-Muslims were
effectively blocked from political office by a requirement that all
candidates must demonstrate their ability to read the Koran in Arabic,
there were no legal restrictions on the role of minorities in politics.
There were no official statistics on the ethnic backgrounds of
legislators in the DPR. President Yudhoyono's cabinet consisted of a
plurality of Javanese, with others being of Sundanese, Bugis, Batak,
Acehnese, Papuan, Balinese, and Chinese heritage.
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 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 Attorney
General's Office under the deputy attorney general for special crimes
have jurisdiction over investigation and prosecution of corruption
cases. During the year the KPK investigated 67 cases, up from 46 in
2008. As a result of the KPK's prevention and prosecutorial activities,
it recovered a total of 142.3 billion rupiah (approximately $15.5
million) in state assets. The deputy attorney general for special
crimes reported investigating more than 1,500 cases and recovering
approximately 4.8 trillion rupiah (approximately $524 million).
Although members of parliament (MPs) were long considered to be
untouchable by law enforcement, in 2008 and 2009, nine MPs, in separate
cases, were either convicted by or had trials pending before the
Anticorruption Court for violating corruption laws. Those convicted
received sentences ranging from three to eight years in prison. Six
other MPs or former MPs were under KPK investigation.
The KPK came under attack during the year when two deputy
commissioners were accused of extortion and abuse of power. A strong
public reaction supporting the KPK and the two deputies ensued,
especially after a KPK wiretap seemed to reveal a conspiracy to frame
them. Under mounting pressure from the public and the media, a senior
police official and a deputy attorney general resigned their positions.
The AGO later dropped charges against the deputies; however, civil
society organizations suggested that this was part of a larger attempt
to systematically weaken the powers of the KPK.
On September 29, the parliament passed the Anticorruption Court
bill. The Anticorruption Court was established in tandem with the KPK,
but in 2006 two alleged corruptors challenged the constitutionality of
the court. The Constitutional Court agreed that the court as
constituted was unconstitutional and gave the DPR three years to fix
the problems. The DPR met the deadline, but the bill curbs the court's
independence. The law requires corruption courts be established in all
regencies within two years. The head of the Supreme Court decides how
many career and ad hoc judges sit on the panel for the corruption
courts. Under the new law there is no mandate for transparency in the
selection of justices.
In April 2008 the government passed the Freedom of Information Act,
which acknowledges the right of citizens to access governmental
information and provides mechanisms through which citizens can obtain
such information. The law also provides for sanctions on public bodies
if they do not comply. The authorities have not yet promulgated
enforcement regulations. 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; however, the government subjected the organizations
to monitoring, harassment, and interference.
The government met with local NGOs, responded to their inquiries,
and took some actions in response to NGO concerns.
NGOs in Papua continued to report widespread monitoring of their
activities by intelligence officials as well as threats and
intimidation. Activists reported that intelligence officers took their
pictures surreptitiously and sometimes questioned their friends and
family members regarding their whereabouts and activities.
The government generally viewed outside investigations or foreign
criticism of its human rights record as interference in its internal
affairs. The security forces and intelligence agencies tended to regard
with suspicion foreign human rights organizations, particularly those
operating in conflict areas. Government monitoring of foreigners was
apparent in conflict areas. Some domestic human rights organizations
expressed concern about the possible negative consequences of
contacting foreigners. A number of government agencies and affiliated
bodies addressed human rights problems, including the Ministry of Law
and Human Rights, the Ministry of Foreign Affairs, the Ministry of
Women's Empowerment, the National Commission on Violence Against Women
(Komnas Perempuan), and Komnas HAM. In recent years Komnas HAM's
efforts to expose human rights violations and bring perpetrators to
account were undermined by a number of court decisions regarding its
jurisdiction or authority. In 2008 the AGO rejected Komnas HAM's
recommendations to file charges in four incidents including Wamena-
Wasior, Trisakti, Semanggi I and II, and forced disappearances.
On September 28, 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. Ten later resurfaced, accusing the
military of kidnapping and torture. Thirteen activists remained
missing, and one body was found. However, parliament failed to approve
action regarding other cases of human rights violations that occurred
before 2000.
Although the 2006 Law on the Government of Aceh states that a human
rights court would be established in Aceh, it was not established by
year's end.
In July 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 that gross violations of human rights occurred prior
to and immediately after the popular consultation in East Timor in
1999. The report's recommendations for Indonesia included a human
rights training program with emphasis that the military remain neutral
in political controversies and elections and enhanced authority for
institutions charged with investigation and prosecutions for human
rights violations. The government disseminated the CTF recommendations
within the government, and a variety of ministries began carrying out
the recommendations.
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 Timor-Leste 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 failed to defend these rights
adequately.
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.
Although rape is punishable by four to 14 years in prison, and the
government imprisoned perpetrators for rape and attempted rape, most
convicted rapists were sentenced to the minimum or less.
Between November 2008 and October, local NGOs in Central Java
recorded 614 cases of violence against women in the province, including
210 rape cases.
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. Komnas Perempuan, a semiautonomous government
entity, reported that in 2008 there were 54,425 cases of violence
handled by partner organizations across the country, and the local
press reported that violence against women continued to increase. Most
NGOs working on women and children's issues believed the real figure
was far higher, noting the tendency of many victims to keep silent.
Komnas Perempuan reported that domestic violence was the most common
form of violence against women, making up approximately 76 percent of
total cases.
Social pressure forced many women not to report spousal abuse.
During the year, the Women's Legal Aid Foundation received 1,058
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.
The legal distinction between a woman and a girl was not clear. The
law sets the minimum marriageable age at 16 for a woman (19 for a man),
but the Child Protection Law states that persons under age 18 are
children. A girl who marries has adult legal status. Girls frequently
married before reaching the age of 16, particularly in rural areas.
Prostitution is interpreted as a ``crime against decency/morality''
and against the law. Prostitution was widespread and largely tolerated,
despite its contradiction with popular societal and religious norms.
During the year security forces reportedly participated in operating
brothels or protection rackets by shielding brothels from prosecution.
International sex tourism and child sex tourism reportedly continued,
especially on the islands of Batam and Karimun and in major urban
centers across the country.
Although not explicitly mentioned, sexual harassment is against the
law and actionable under the criminal code.
The 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 making it
available throughout the country, women were sometimes denied the
opportunity to select the contraceptive methods best suited to their
needs or preferences. According to NGOs, 55 percent of married women
used contraception. 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
Shari'a in Aceh. The impact of this implementation varied across the
province but, continuing the pattern of the last few years, in general
appeared to be less intrusive due to improved government oversight of
the Shari'a police. The most visible impact on women's rights appeared
to be the enforcement of dress codes. It was not uncommon for Shari'a
police to briefly stop and lecture women whose dress did not conform to
local Shari'a requirements on appropriate attire.
Local governments and groups in areas outside Aceh also undertook
campaigns to promote conformity by women with the precepts of Shari'a.
Vigilance in enforcing separation of sexes, fasting, and dress codes
increased during Ramadan. Women faced discrimination in the workplace,
both in hiring and in gaining fair compensation. According to a 2007
International Trade Union Confederation (ITUC) report, women on average
earned 74 percent of what men earned, were overrepresented in unpaid
and lower-paying positions in the informal sector, and held only 17
percent of managerial positions. According to the government, women
constituted 43 percent of all civil servants but less than 7 percent of
senior officials. Some activists said that in manufacturing, employers
relegated women to lower-paying, lower-level jobs. Many female factory
workers were hired as day laborers instead of as full-time permanent
employees, and companies were not required to provide benefits, such as
maternity leave, to day laborers. By law if both members of a couple
worked for a government agency, the couple's head-of-household
allowance was given to the husband.
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.
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.
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 ostensibly 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 elementary school students 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 ($25) 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.
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.
According to Komnas Perlindungan Anak, 6.5 million children under
the age of 18 were working because of poverty.
FGM was practiced in many parts of the country. 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, nearly 96 percent of families reported
that their daughters had undergone circumcision by the time they
reached 14. NGO activists said that female circumcision was seen as a
religious duty.
During the year national attention continued to focus on the
problem of child marriage following reports that a Muslim cleric, Syech
Puji, married a 12-year-old girl in Semarang, Central Java, in 2008.
Senior Muslim clerics strongly criticized the marriage, and the cleric
was investigated. In November 2008 Komnas Perlindungan Anak persuaded
the cleric to return the child to her parents until she reaches 16
years of age. The commission was unable to annul the marriage. On
October 13, a district court dismissed all charges against Syech Puji.
Commercial sexual exploitation of children continued to be a
serious problem. The number of child prostitutes in the country was
unclear, but the problem was widespread. Many teenage girls were forced
into prostitution often through debt bondage.
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.
There is no statutory rape law nor an established age for
consensual sex. The 2008 Pornography Law prohibits child pornography
and establishes penalties.
In 2008 the ILO's International Program on the Elimination of Child
Labor (ILO-IPEC) estimated that there were 1,450 street children in an
East Jakarta municipality, 38 percent girls, a marked increase in the
percentage of girls compared with earlier surveys. According to
government officials, there were an estimated 233,000 street children
in the country.
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, in January there were 1,305 street
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 that 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 International Centre for Prison Studies
reported that there were 1,993 children awaiting trial and 2,516
children in the prison 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.
Substantial numbers of street children were apparent in Jakarta and the
provinces of East Java, West Java, North Sumatra, and South Sulawesi.
Trafficking in Persons.--The antitrafficking law outlaws all forms
of trafficking, including debt bondage and sexual exploitation, and
includes a comprehensive mandate for rescue and rehabilitation of
victims. It provides stiff penalties for officials and labor agents
complicit in trafficking. Penalties range from between three to 15
years in prison, with penalties for officials assessed at a rate one-
third higher. Provincial and local governments also increased efforts
and resources to fight trafficking. The country's embassies and
consulates were active in rescuing and assisting victims.
The country remained a major source for international trafficking
in persons and faced a significant internal trafficking problem. It
also was a receiving country for trafficked prostitutes, although the
number was small relative to the number of citizen victims. The country
was not a major transit point for trafficking. Malaysia and Saudi
Arabia, as well as other countries in the Middle East and Asia, were
destinations, and there were some cases of trafficking to the United
States. Trafficking for prostitution, domestic service, and work in
restaurants and hotels were more common, with some forced labor in
construction and plantation work. Impoverished citizens were potential
victims, but boys and girls under age 18 and women of all ages were
most vulnerable. Victims were subjected to physical and psychological
abuse, sometimes resulting in death.
The sophisticated national trafficking network was decentralized
with neighborhood brokers trafficking victims to labor-supply agencies
in large cities, which in turn sold victims to labor-supply agencies in
receiving countries. Local government, immigration, and manpower
officials often were complicit in the process. The domestic trafficking
of women and girls into prostitution operated in a similar manner.
Local officials, police, and military were complicit in this activity
as well. Some labor recruitment companies operated in a manner similar
to trafficking rings, luring both male and female workers into debt
bondage, involuntary servitude, and other trafficking situations.
Law enforcement against traffickers has increased somewhat in
recent years; the most recent statistics show prosecutions increased
from 109 to 129, and convictions from 46 to 55. In 2008 the average
sentence was 43 months in prison. The government trained more law
enforcement officials on fighting trafficking, often in interagency
courses also attended by NGOs. The numbers of special antitrafficking
police and prosecutors increased. A new National Plan of Action was
finalized in September.
The government was renegotiating a memorandum of understanding
(MOU) with Malaysia. One of the issues being renegotiated was the basic
right of workers to hold their travel documents. Exploitation of
workers by manpower placement companies continued to be widespread. The
decentralized approach to rescuing, treating, and reintegrating victims
and inadequate funding for victim assistance hindered implementation of
the law. The national budget for antitrafficking remained far below
needs, and local budgets were uneven and generally insufficient. There
was no progress in stopping officials from abetting trafficking in
prostitution, for example, by falsifying documents. No action was taken
to protect women and children entrapped in debt bondage as domestic
servants within the country. The migration system continued to allow
exploitation of migrant workers and lacked sufficient protections
against trafficking.
During the year the media reported a large number of trafficking
cases, and the police pursued cases, including cases of child
trafficking, in Tanjung Pinang (Riau Province), Medan (North Sumatra),
Bandar Lampung (Lampung Province), Bekasi and Bogor (West Java),
Semarang (Central Java), and Malang and Jember (East Java). The police
and the Ministry of Women Empowerment noted new modes of child
trafficking recruitment. Traffickers offered vocational students
internship opportunities abroad that ultimately led to labor or sexual
exploitation.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The government classifies persons with
disabilities into four categories: blind, deaf, mentally disabled, and
physically disabled. The law prohibits discrimination against persons
with physical and mental disabilities in employment, education, access
to health care, or the provision of other state services. The law also
mandates accessibility to public facilities for persons with
disabilities; however, the government did not enforce this provision.
The government estimated that approximately 3 percent of the population
had a disability.
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.
In 2003 the government stated the country was home to 1.3 million
children with disabilities; the actual number was believed to be much
higher. The law provides children with disabilities with the right to
an education and rehabilitative treatment. A government official
alleged that many parents chose to keep children with disabilities at
home; however, many schools refused to accommodate such children,
stating they lacked the resources to do so. According to the
government, there were 1,568 schools dedicated to educating children
with disabilities, 1,202 of them run privately. According to NGOs, more
than 90 percent of blind children were illiterate. Some young persons
with disabilities resorted to begging for a living.
The Ministry of Social Affairs is responsible for protecting the
rights of persons with disabilities.
National/Racial/Ethnic Minorities.--The government officially
promotes racial and ethnic tolerance. Ethnic Chinese accounted for
approximately 3 percent of the population, played a major role in the
economy, and increasingly participated in politics. 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.
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
domestic and multinational companies, often in collusion with the local
military and police, from encroaching on indigenous peoples' land. In
Papua tensions continued between indigenous Papuans and migrants from
other provinces, between residents of coastal and inland communities,
and among indigenous tribes.
Human rights activists asserted that the government-sponsored
transmigration program transplanting poor families from overcrowded
Java and Madura to less populated islands violated the rights of
indigenous people, bred social resentment, and encouraged the
exploitation and degradation of natural resources on which many
indigenous persons relied. In some areas, such as parts of Sulawesi,
the Malukus, Kalimantan, Aceh, and Papua, relations between
transmigrants and indigenous people were poor.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The 2008 Pornography Law bans
gay and lesbian sex. According to NGOs, lesbian, gay, transgender, and
bisexual (LGBT) issues were characterized as socially taboo. The
government took almost no action to prevent discrimination against LGBT
persons or to spur action by the police in investigating societal abuse
against LGBT persons. Police corruption, bias, and violence caused LGBT
individuals to avoid interaction with police. NGOs reported that LGBT
individuals were socially ostracized by family members and the general
public.
On September 6, the provincial legislature in Aceh passed a law
criminalizing homosexual conduct.
LGBT organizations and NGOs operated openly. However, certain
religious groups sporadically disrupted LGBT gatherings and individuals
were sometimes victims of police abuse.
On May 16, LGBT organizations held gay pride marches in Jakarta,
Surabaya, Yogyakarta, Makassar, and Banda Aceh commemorating the
International Day Against Homophobia. Organizers were able to obtain
necessary permits from the government and police provided protection to
the marchers.
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,
the government 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, and workers exercised these rights. The law
allows workers to form and join unions of their choice without previous
authorization or excessive requirements, and workers did so in
practice. The law stipulates that 10 or more workers have the right to
form a union, with membership open to all workers, regardless of
political affiliation, religion, ethnicity, or gender. Private sector
workers are by law free to form worker organizations without prior
authorization, and unions may draw up their own constitutions and rules
and elect representatives. The Ministry of Manpower and Transmigration
records, rather than approves, the formation of a union, federation, or
confederation and provides it with a registration number. In recent
years some unions reported local ministry offices prejudicially
recommended denial of registration. The vast majority of union members
belonged to one of three union confederations.
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.
The law recognizes civil servants' freedom of association and right
to organize, and employees of several ministries formed employee
associations; union organizations sought to organize these workers.
Unions also sought to organize state-owned enterprise (SOE) employees,
although they encountered resistance from enterprise management, and
the legal basis for registering unions in SOEs remained unclear.
The law allows the government to petition the courts to dissolve a
union if it conflicts with the state ideology or the constitution. A
union may also be dissolved if a union's leaders or members, in the
name of the union, commit crimes against the security of the state and
are sentenced to at least five years in prison. Once a union is
dissolved, its leaders and members may not form another union for at
least three years. There were no reports that the government dissolved
any unions during the year.
Under the Manpower Development and Protection Act (the Manpower
Act), workers must give written notification to the authorities and to
the employer seven days in advance for a strike to be legal, specifying
the starting and ending time of the strike, venue for the action,
reasons for the strike, and including signatures of the chairperson and
secretary of the striking union. A ministerial regulation declares
illegal all strikes at ``enterprises that cater to the interests of the
general public or at enterprises whose activities would endanger the
safety of human life if discontinued.'' Types of enterprises included
in this classification are not specified, leaving it to the
government's discretion. The same regulation also classifies strikes as
illegal if they are ``not as a result of failed negotiations'' and
gives employers' leeway to obstruct a union's move to strike because
failure is classified as negotiations that lead to a deadlock
``declared by both sides.''
Before workers can strike, they must also engage in lengthy
mediation with the employer, beginning with bargaining and, if that
fails, proceed to mediation facilitated by a government mediator. The
ministerial regulation also provides that, in the case of an illegal
strike, an entrepreneur must make two written appeals within a period
of seven days for workers to return. Workers who do not respond to
those appeals are considered to have resigned. Employers commonly used
such appeals as intimidation tactics against strikers.
In practice strikes were prohibited in the public sector, in
essential services, and at enterprises that served the public interest.
The ITUC asserted that such practice clearly exceeded the definition of
acceptable prohibitions on strike action by the ILO Committee on
Freedom of Association, which has held that strikes may only be
restricted where there exists ``a clear and imminent threat to the
life, personal safety, or health of the whole or part of the
population.'' The prolonged, legally mandated mediation procedures that
must be followed before calling a strike were not enforced. Strikes
tended to be unsanctioned ``wildcat'' strikes that broke out after a
failure to settle long-term grievances or when an employer refused to
recognize a union.
The underpayment or nonpayment of legally required severance
packages precipitated strikes and labor protests.
On September 18, more than 300 food service workers from the
Congress of the Indonesian Labor Union Alliance (KASBI) demonstrated at
Surabaya Plaza Shopping Centre to protest the dismissal of two contract
workers by a Kentucky Fried Chicken outlet operated by PT Fast Food
Indonesia. A KASBI spokesperson said that 20 of the company's 120
workers were employed under an internship program without government
authorization.
On December 10, police injured at least nine persons among
approximately 15,000 members of the Federation of Indonesian Metal
Workers' Union who were demonstrating in front of the governor's and
regent's offices in Batam demanding a wage increase.
In December 2008 workers at an electronic components company in
Bekasi went on a two-day strike to object to outsourcing of core
positions. After the strike the company petitioned to the Manpower
Ministry to terminate all of the 94 workers who were also members of
the striking union. The company reported the union to the police for
committing an unpleasant act by causing them to lose profits as a
result of the strike and filed a lawsuit against the union in civil
court also for lost profits. As a result of the dismissal of all union
officers and strike participants, the union was dissolved. On September
15, the Bekasi District Court dismissed the case on the grounds that
the union was not a proper legal entity before the court but invited
the corporation to refile against union officers.
b. The Right to Organize and Bargain Collectively.--According to
the Manpower Ministry, approximately 25 percent of companies with more
than 10 employees had collective bargaining agreements. However, in
reality these agreements rarely went beyond the legal minimum
provisions set by the government and often resulted from employers
unilaterally drawing up agreements and presenting them to workers'
representatives for signature rather than negotiation. The law allows
unions to conduct their activities without interference; however, the
government often did not protect this right in practice. The law
provides for collective bargaining and allows workers' organizations
that register with the government to conclude legally binding
collective labor agreements (CLAs) with employers and to exercise other
trade union functions. The law includes some restrictions on collective
bargaining, including a requirement that a union or unions represent
more than 50 percent of the company workforce to negotiate a CLA. The
Manpower Act, which regulates collective bargaining, the right to
strike, and general employment conditions, does not apply to SOEs. Some
unions claimed that the law contains inadequate severance benefits and
protection against arbitrary terminations and does not sufficiently
restrict outsourcing and child labor. At year's end no implementing
regulations had been issued.
Company regulations, permitted under government regulations,
substituted for CLAs in the vast majority of enterprises, many of which
did not have union representation. The Manpower Act requires that
employers and workers form joint employer/worker committees in
companies with 50 or more workers, a measure to institutionalize
communication and consensus building.
Unions were directly affected by the increasing trend of using
contract labor. Under the Manpower Act, contract labor is supposed to
be used only for work that is ``temporary in nature.'' However,
according to ITUC, many employers violated these provisions with the
assistance of local offices of the Manpower Ministry. There also were
credible reports of widespread use of vocational students under
internship programs, which appeared to violate labor laws and weaken
unions. Typically, companies declared bankruptcy in order to avoid
severance payments provided for under law, closed the factory for
several days, and then rehired workers as contract labor at a lower
cost. Union leaders and activists usually were not rehired. To date no
labor court has ruled in favor of workers who have filed either for
compensation or to be rehired.
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. There
were credible reports of employer retribution against union organizers,
including dismissals and violence that were not prevented effectively
or remedied in practice. Some employers warned employees against
contact with union organizers. Some unions claimed that strike leaders
were singled out for layoffs when companies downsized. Legal
requirements existed for employers to reinstate workers fired for union
activity, although in many cases the government did not enforce this
effectively. According to ITUC, legal procedures were very long, with
antiunion discrimination cases sometimes taking up to six years.
Bribery and judicial corruption in workers' disputes continued, and
decisions often were not in workers' favor. While dismissed workers may
be financially recompensed, they were rarely reinstated.
Companies sometimes transferred union leaders to jobs where they
could not continue their union activities.
Labor activists charged that managers in some locations employed
thugs to intimidate and assault trade union members who attempted to
organize legal strike actions, and at times the police intervened
inappropriately and with force in labor matters, usually to protect
employers' interests.
In recent years employers have repeatedly filed criminal complaints
against union officers following failed collective bargaining
negtiations 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.
On March 1, PT Tirta Samudera Caraka rejected its labor agreement
with a Confederation of the Indonesian Prosperity Labor Union and
informed its workers that they would have to sign individual employment
contracts to continue their employment. The union began a strike on
March 4 but returned to work the next day when the company said it
would meet with the union. However, the company dismissed 40 workers,
all of whom were union members. At year's end attempts to mediate the
dispute through government procedures appeared unsuccessful.
On March 27, PT Smart Glove Indonesia in Medan, North Sumatra,
summarily dismissed 97 workers for attempting to form a union.
On May 7, airport workers, represented by Serikat Pekerja PT
Angkasa Pura 1 union (SPAP-1), staged strikes at five airports operated
by state-owned PT Angkasa Pura 1. The union maintained that the company
had not implemented provisions in their 2006 agreement concerning
salaries, pension payments, and health insurance. Several SPAP-1
members were fired or suspended apparently because of the strike
action.
On July 24, management at PT Bekaert Advanced Filtration in
Tangerang dismissed all worker representatives of the Lomenik-SBSI.
Additionally, the company allegedly retaliated against union members by
denying overtime compensation, pressuring workers to resign from the
union, offering bribes to union leadership, and interrogating workers
about their union activities.
On October 3, a company official at PT Remaja Pesona Industi, a
garment factory in Malang, dismissed more than 50 of its 150 workers.
According to union officials, the company dismissed workers who
participated in a recent strike over holiday bonuses.
There are no special laws or exemptions from regular labor laws in
special economic zones (SEZs). However, nongovernmental observers
described stronger antiunion sentiment and actions by employers in
SEZs. For example, employers in manufacturing enterprises in the Batam
SEZ tended to hire labor on two-year contracts and favored workers
under 24 years of age. Both practices inhibited union formation.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced labor or compulsory labor; however, there were reports that such
practices occurred, including forced and compulsory labor by children.
The government tolerated forms of compulsory labor practiced in the
migrant worker recruitment process. The unscrupulous practices of
migrant worker recruiting agencies and poor enforcement of government
regulations often led to debt bondage and extended unlawful
confinement. According to press reports and research by labor NGOs,
recruiting agencies frequently kept migrant workers in holding centers,
for as long as 14 months in some cases, before sending them abroad.
While in the holding centers, migrant workers normally did not receive
pay, and recruiters often did not allow them to leave the centers. In
most instances workers were forced to pay recruiters for the cost of
their forced stay, resulting in large debts to the recruiters. The
Manpower Ministry took limited measures to enforce labor laws that
prevent employment agencies from trafficking workers through debt
bondage.
At year's end the government was still in the process of
renegotiating the 2006 MOU with the government of Malaysia about
Indonesian workers' conditions in Malaysia. The MOU ceded some basic
worker rights to employers, particularly the right of workers to hold
their own passports.
Girls and women employed as household servants often were held in
debt bondage. According to a 2007 study by the Women's Legal Aid
Foundation, 89,930 domestic workers in Jakarta were working without
pay.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children defined as persons under the age of 18 from
working in hazardous sectors and the worst forms of child labor.
However, the government did not enforce these laws effectively. Law,
regulations, and practice acknowledged that some children must work to
supplement family incomes. 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. Implementation remained a
problem.
An estimated six to eight million children exceeded the legal
three-hour-daily work limit, working in agriculture, street vending,
mining, construction, prostitution, and other areas. More children
worked in the informal than the formal sector. Some children worked in
large factories, but their numbers were unknown, largely because
documents verifying age could be falsified easily.
Children worked in agriculture primarily on palm oil, tobacco,
rubber, tea, and marijuana plantations. Children also worked in
fisheries, construction, 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.
NGOs documented hundreds of children ages 13 to 17 working in
cottage shoemaking industry in West Java. Many girls between 14 and 16
years of age worked as live-in domestic servants. A domestic worker
advocacy group estimated that there were four million domestic workers
in the country, of whom at least one million were under age 18.
According to the Komnas Perlindungan Anak, approximately 2.1 million
children worked as housemaids or sex workers within the country and
overseas. Many child servants were not allowed to study and were forced
to work long hours, received low pay, and generally were unaware of
their rights.
The law and regulations prohibit bonded labor by children; however,
the government was not effective in eliminating forced child labor,
which remained a serious problem. A significant number of children
worked against their will in prostitution, pornography, begging, drug
trafficking, domestic service, and other exploitive situations,
including a small number on fishing platforms.
Despite legislative and regulatory measures, most children who
worked, including as domestics, did so in unregulated environments.
Anecdotal evidence suggested that local labor officials carried out few
child labor investigations.
At the end of 2008, ILO-IPEC Jakarta, in collaboration with various
local universities/research institutes, conducted baselines 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 plantations work (palm oil, rubber, tobacco, coffee,
coconut), of whom 28 percent were age 12 years and below and 52 percent
were not in school.
According to the National Labor Force Survey conducted by National
Statistics Body in 2007, approximately one million children were
working, of whom 60 percent were boys and 40 percent girls. However,
due to prejudice and less attention to girls in this issue, the number
of working girls was often underestimated by statistical surveys, which
did not generally account for unpaid economic activities such as work
in household enterprises or hidden activities such as prostitution,
child trafficking, and domestic work, in which a large numbers of girls
were involved.
e. Acceptable Conditions of Work.--Provincial and district
authorities, not the central government, establish minimum wages, which
vary by province, district, and sector. Provincial authorities
determined provincial minimum wage levels based on proposals by
tripartite (workers, employers, and government) provincial wage
commissions. The provincial minimum wage rates establish a floor for
minimum wages within the province. Local districts set district minimum
wages using the provincial levels as references. Districts also set
minimum wages in some industrial sectors on an ad hoc basis. Provinces
and districts conducted annual minimum wage rate negotiations, which
often produced controversy and protests. In November 2008 scores of
workers and union members protested a newly introduced joint
ministerial decree on minimum wages designed to discourage local
administrations from raising minimum wage rates beyond the financial
capabilities of manufacturing firms. The minimum wage levels set by
most local governments did not provide a worker and family with a
decent standard of living. Most province-level minimum wage rates fell
below the government's own calculation of basic minimum needs. During
the year Papua offered the highest minimum wage at 1.1 million rupiah
(approximately $123) 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 and in the informal sector. In practice official
minimum wage levels applied only in the formal sector, which accounted
for 35 percent of the workforce. Labor law and ministerial regulations
provide workers with a variety of benefits. Persons who worked at more
modern facilities often received health benefits, meal privileges, and
transportation. The law also requires employers to register workers
with and pay contributions to the state-owned insurance agency,
JAMSOSTEK.
The law establishes a 40-hour workweek, with one 30-minute rest
period for every four hours of work. Companies often required a five-
and-a-half- or six-day workweek. The law also requires at least one day
of rest weekly. The daily overtime rate was 1.5 times the normal hourly
rate for the first hour and twice the hourly rate for additional
overtime, with a maximum of three hours of overtime per day and no more
than 14 hours per week. Workers in industries that produced retail
goods for export frequently worked overtime to meet contract quotas.
Unions complained that companies relied upon excessive overtime in some
garment and electronics assembly plants, to the detriment of workers'
health and safety. Observance of laws regulating benefits and labor
standards varied by sectors and regions. Employer violations of legal
requirements were fairly common, sometimes resulting in strikes and
protests. The Solidarity Center reported that workers in the garment
industry worked extremely long hours, but because their pay slips did
not specify the amount of overtime paid, 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 were 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. JAMSOSTEK reported 37,845 accidents in the first three
months of 2007, compared with 99,624 for the whole of 2006. Local
officials have responsibility for enforcing health and safety
standards. In larger companies the quality of occupational health and
safety programs varied greatly. Health and safety standards in smaller
companies and in the informal sector tended to be weaker or
nonexistent. Workers are obligated to report hazardous working
conditions, and employers are forbidden by law from retaliating against
those who do report hazardous working conditions; however, the law was
not enforced effectively. By law workers have the right to remove
themselves from hazardous conditions without jeopardizing employment;
in practice it was not clear they could avail themselves of this right.
__________
JAPAN
Japan is a parliamentary democracy with a population of
approximately 127.7 million. In elections held in August, the
Democratic Party of Japan ended the Liberal Democratic Party's half-
century dominance of the government when it captured a majority in the
legislature's lower house, adding to the plurality it captured in the
upper house in 2007. Yukio Hatoyama became the prime minister in
August, replacing Taro Aso. The elections were generally considered
free and fair. Civilian authorities generally maintained effective
control of the security forces.
The government generally respected the rights of its citizens.
Human rights nongovernmental organizations (NGOs) reported problems
with the country's detention facilities and legal system. There were
several reports of government corruption during the year. Reported
cases of violence and other abuse against women and children increased.
Sexual harassment and employment discrimination continued to be
reported. Trafficking in persons remained a problem. Discrimination
against children born out of wedlock and minorities were problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the government
generally respected these provisions in practice.
NGOs and foreign diplomats reported instances of alleged physical
abuse in some prisons. In February, in the civil case against Wakayama
Prefecture and the state regarding three police officers convicted for
the 2004 death of a suspect, the court found Wakayama Prefecture
responsible and ordered compensation.
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.
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. Officials
at Fuchu Prison used such procedures to keep a foreign prisoner in
isolation for the past four years. Prison officials said that solitary
confinement was an important tool to maintain order in prisons that
were at or above capacity.
Hazing, bullying, and sexual harassment were increasingly 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 heating. NGOs 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 muscular mass. Cases of slow
and in some cases 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. 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. The lack of heating subjected
the prison population to a range of preventable cold injuries, from
chilblains to more severe forms of cold injury. Foreign prisoners in
the Tokyo area presented to visiting diplomatic officials chilblains-
affected fingers and toes of varying severity, the direct result of
long-term exposure to deleteriously cold and at times freezing
conditions in prison and detention facilities during the winter months.
NGOs, lawyers, and doctors also criticized medical care in police-
operated preindictment detention centers and immigration detention
centers.
In 2008 there were 67,672 prisoners. 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.
Prison management regulations stipulate that independent committees
inspect prisons and detention centers operated by the Ministry of
Justice (MOJ) and police-operated detention facilities. The committees
included physicians, lawyers, local municipal officials,
representatives of local communities, and other local citizens.
Prisoner rights advocates reported that the committees visited MOJ
prisons throughout the year. In 2008 these committees visited a total
of 207 prisons and detention facilities (not including pretrial
detention facilities) and interviewed 598 detainees. The committees
made 659 recommendations to the prison or detention facility
superintendants, of which 366 were considered implemented or in the
process of being implemented. In addition, 198 recommendations were
considered as requiring either further discussion or follow-up
inspections, and 95 were referred to the Ministry of Justice.
In July an amendment to the Immigration Control and Refugee
Recognition Law was passed establishing an independent inspection
process for immigration detention 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, and the government generally observed these
prohibitions. NGOs continued to report instances of what appeared to be
arbitrary detentions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the National Police Agency (NPA) and
local police forces, and the government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year. However, some
NGOs criticized local public safety commissions for lacking
independence from or sufficient authority over police agencies.
Arrest 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 authorities
respected this right in practice. The law requires authorities to
inform detainees immediately of the charges against them. Authorities
usually held suspects in police-operated detention centers for an
initial 72 hours. A judge must interview a suspect prior to further
detention. The judge may extend preindictment custody by up to two
consecutive 10-day periods. Prosecutors routinely sought and received
these extensions. Prosecutors may also apply for an additional five-day
extension in exceptional crimes such as insurrection, foreign
aggression, and disturbance. NGOs pointed out that because extensions
were routinely granted, the intent of the law--prompt judicial
determination of the legality of the detention--was in fact undermined.
The code of criminal procedure allows detainees, their families, or
representatives to request that the court release an indicted detainee
on bail. However, bail is not available during preindictment to persons
detained in either police or MOJ 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. NPA guidelines limit
interrogations to a maximum of eight hours. Overnight interrogations
are prohibited.
Preindictment detainees had access to counsel, including court-
appointed attorneys. Prisoner advocates said that in practice this
access improved in terms of the duration and frequency. However,
counsel may not be present during interrogations. Family members were
allowed to meet with detainees, but only in the presence of a detention
officer. Article 81 of the code of criminal conduct may, regardless of
the charge, prohibit detainees from having interviews with persons
other than their counsel only if there is probable cause that the
suspect may flee or may conceal or destroy evidence. Detainees charged
with drug offenses are routinely held incommunicado until indictment
and are allowed only consular and legal access. Prosecutors at their
discretion may partially record suspects' confessions, but NGOs pointed
out that partial and discretionary recordings could be misleading.
Police in Tokyo and 46 prefectures continued testing supervised
interrogations.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected judicial
independence in practice. In July the country began a lay judge (jury)
system for serious criminal cases.
Trial Procedures.--The law provides the right to a fair trial for
all citizens and ensures that each charged individual receives a public
trial by an independent civilian court, has access to defense counsel,
and has the right to cross-examine witnesses. A defendant is presumed
innocent until proven guilty in a court of law, and defendants cannot
be compelled to testify against themselves.
The UN Committee Against Torture (UNCAT), 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 to ensure that suspects cannot be
compelled to confess to a crime or be convicted when a confession is
the only evidence. In the past NGOs documented techniques used to
extract confessions that include beating, intimidation, sleep
deprivation, questioning from early morning to late at night, and
making the suspect stand or sit in fixed positions for long periods.
New NPA guidelines were created in January 2008. On April 1, the
National Public Safety Commission issued regulations prohibiting the
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. However, NGOs continued to report long interrogation
sessions of eight to 12 hours in length, in which the detainee was
handcuffed to a chair for the entire period, and aggressive questioning
techniques were used.
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. According to government
statistics, more than 98 percent of arrested suspects were sent to
police detention facilities. The other 2 percent were held in MOJ-
operated preindictment detention centers. More than 99 percent of cases
that reached a trial court resulted in conviction. Independent legal
scholars alleged that the judiciary gives too much weight to
confessions, although the government disputed the assertion.
There were media reports of persons convicted on the basis of
police-obtained confessions who were later proved innocent. During the
year a man sentenced to life imprisonment after DNA tests led to his
conviction in 1990 for the murder of a four-year-old girl in Ashikaga,
Tochigi Prefecture, was released after more-accurate DNA tests
exonerated him. Despite errors in the basic investigation, including
autopsy findings that conflicted with the suspect's confession, the
prosecutors and the courts dismissed the possibility that the
confession was coerced. The same questionable DNA testing methods
contributed to guilty rulings in other cases, including some involving
the death penalty.
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'' (see section 4).
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.
In Gunma Prefecture, police recruited volunteers to translate for the
police during investigations.
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 administrative remedies as well as 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 75 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 distort
the intended meaning. The national anthem and national flag continued
to be controversial symbols. Since 2003 almost 400 teachers have been
disciplined for refusing to sing the national anthem in front of the
flag.
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.--The law provides for freedom of religion,
and the government generally respected this right in practice. However,
the Unification Church continued to report that authorities did not
intercede in reported cases of ``forced deprogramming'' and
confinement.
Societal Abuses and Discrimination.--Relations among religious
groups were generally amicable. However, since September 2008,
according to NPA authorities, more than 50 incidents of vandalism were
reported at churches and other religious facilities belonging to
Protestant groups in Osaka, Hyogo, Kyoto, and Shiga prefectures. At
year's end authorities had not apprehended anyone or discovered the
motive.
An estimated 200 Jewish families live in the country. There were no
reports of anti-Semitic acts. Advertisements for anti-Semitic books
appeared in the media.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The 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 is a party to the 1951
Convention relating to the Status of Refugees and its 1967 protocol.
Its 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 announced a small-scale third country
resettlement program.
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 Partial Amendment to the Immigration Control and Refugee
Act, promulgated on July 15, includes language that forbids deportation
in breach of conventions, including the Convention Against Torture.
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 MOJ,
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
Japan Federation of Bar Associations.
The UNCAT, NGOs, and lawyers criticized the indefinite and often
long period of detention between the rejection of an application for
asylum and deportation. NGOs in particular expressed concern over an
increase in the number of asylum seekers detained after rejection of
their initial application and while the appeal decision was pending.
Applicants for refugee status normally are not allowed to work
unless they meet certain conditions. Persons applying for refugee
status to obtain the legal right to work must be in need and completely
dependent on government shelters or NGO support. In the interim the
Refugee Assistance Headquarters provides small stipends. However,
because of budget shortfalls caused by the increase in applications,
stricter criteria eliminated this aid to many applicants.
Refugees faced the same patterns of discrimination that ethnic
minorities did in the country: 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 or NGO support.
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 August the country held
elections for the lower house of the Diet, which brought an opposition
party into power for only the second time in 54 years. The elections
were considered generally free and fair, as were the July 2007
elections for the upper house of the Diet.
Political parties operated without restriction or outside
interference.
As the result of the August elections, women held a record-high 54
of 480 seats in the lower house of the Diet and 42 of the upper house's
242 seats. At year's end there were three female governors. There were
two women in the 18-member cabinet. Because some ethnic minorities are
of mixed heritage and do not self-identify, it was difficult to
determine the number of minorities that served in the Diet. There were
three Diet members who 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. During the
first half of the year, the NPA reported 27 cases of bribery and 11
cases of bid rigging. There were regular media report of financial and
accounting irregularities involving politicians and government
officials, including Prime Minister Yukio Hatoyama and Democratic Party
of Japan Secretary General Ichiro Ozawa (both cases ended up with no
indictments against the two officials but several of their aides were
indicted). According to NPA figures for 2008, there were 50 cases
involving bribery and 27 cases of bid rigging.
Independent academic experts stated that ties between politicians,
bureaucrats, and businessmen were close and that corruption remained a
problem. Academics cited the large entertainment industry and the
business and government practices that make use of it, along with their
large and frequently undisclosed entertainment budgets, as an example
of a practice that could have a corrupting influence on government. In
one case, considered typical, a leading member of the Diet upper house
registered 2.4 million yen (approximately $26,580) spent at 11
nightclubs between 2004 and 2007 as ``political activities costs.''
Although financial disclosure laws exist, they were laxly enforced.
Cooperation with international law enforcement officials investigating
suspicious financial transactions and money laundering also was poor.
The public has the legal right to access government information.
There were no reports that the government denied legal requests for
information or required information seekers to pay prohibitive fees to
gain access. A recent study by a nonprofit body disclosed that the
Foreign Ministry destroyed approximately 1,280 tons of what it termed
``sensitive records'' in fiscal year (FY) 2000 (ending in March 2001),
ostensibly in anticipation of the information disclosure law that went
into effect in April 2001. The Finance Ministry was second in the
quantity of material destroyed, eliminating approximately 620 tons.
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 international governmental
organizations and permitted visits by UN representatives and
representatives of other international governmental organizations,
including the International Organization for Migration (IOM) and
International Labor Organization.
Human rights groups pointed out that the country had not
established an independent national human rights institution. The Human
Rights Commission reports to the MOJ. There were no official human
rights committees in the Diet. However, there were unofficial groups
that covered human rights-related matters. For example, there was a
group focused on democratization in Burma and another focused on
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 a problem.
Women.--The law criminalizes all forms of rape, including spousal
rape, and the government generally enforced the law effectively.
According to government statistics, 1,582 rapes were reported in 2008
and 676 during the first half of 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. MOJ statistics showed that 51 perpetrators were
prosecuted in 2008 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
$10,000). In 2008 courts granted 2,525 of 3,143 petitions for
protection orders, with 450 withdrawals and 168 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 2008 there were 25,210
reported cases of domestic violence involving women as victims, more
than 98 percent of the total. Spousal violence consultation assistance
centers reported 66,936 consultation cases in 2008, with women the
victims in more than 99 percent of the cases.
Prostitution is illegal but narrowly defined. Many sexual acts for
pay that would be considered prostitution in other countries are legal.
Sexual harassment in the workplace remained widespread. In FY2008
the Ministry of Health, Labor, and Welfare (MHLW) received 13,529
consultations, mostly from female workers (60 percent of the total
number of consulters). 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.
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 skilled attendance
during childbirth, including essential obstetric and postpartum care.
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 Quality 2009''
reviewed 10 years of efforts since the passage of the Basic Law for a
Gender-Equal Society and concluded that the situation had ``somewhat
progressed.'' However, the white paper concluded that women's
participation remained low by international standards, the most
frequent obstacle cited being ``there are no, or insufficient, systems
to support the balance of work and household activities.'' Other NGOs,
such as the National Women's Education Center, were active in efforts
to combat employment discrimination based on gender by focusing on
training women leaders.
Inequality in employment remained a problem in society. Women
composed 41.9 percent of the labor force, slightly up from 2008, and
their average monthly wage was 226,100 yen (approximately $2,500),
about two-thirds of the monthly wage earned by men (333,700 yen, or
$3,692).
In August the 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.--A child becomes a Japanese citizenship if the father of
a child in wedlock is a Japanese citizen, if the mother of a child in
or out of wedlock is a Japanese citizen, if the father who died before
the birth of a child in wedlock was a Japanese citizen at the time of
his death, or if a child is born in Japan and both parents are unknown
or do not have nationality. On January 1, a revision to the nationality
law went in effect enabling a child born out of wedlock to a citizen
father and noncitizen mother, but whose paternity was recognized by the
father after birth, to obtain citizenship.
Reports of child abuse continued to increase. In FY2008 there were
42,662 possible cases of child abuse by parents or guardians reported
to the National Child Discussion Center, an increase of approximately
2,000 from the previous 12-month period. According to the NPA, 319
children were abused and 45 were killed as a result of abuse by parents
or guardians. To better ensure secure 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 not more than three years or a fine of not more than one
million yen ($10,000) 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 on-line
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 not less than two years' imprisonment at forced
labor.
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 ($30,000). Although the distribution of
child pornography is illegal, the law does not criminalize the simple
possession of child pornography, which often depicts the brutal sexual
abuse of small children. The absence of a statutory basis makes it
difficult for police to obtain search warrants, preventing them from
effectively enforcing existing child pornography laws or participating
in international law enforcement efforts in this area. Along with child
pornography involving real victims, some law enforcement and pedophilia
experts stated that child molesters used cartoons and comics depicting
child pornography to seduce children. The role of commonly available
sexually explicit comics and anime in the sexual endangerment of
children remained controversial, with the NPA stating the link had not
been proved. However, other experts believed the situation could be
harmful to children by creating a culture that appears to accept sexual
intercourse with children or violence against children. Internet
service providers acknowledged that the country was a hub for child
pornography, leading to greater victimization of children both
domestically and abroad.
Trafficking in Persons.--The law establishes human trafficking both
for sexual and labor exploitation as a criminal offense. Nonetheless,
human trafficking remained a significant problem despite government
efforts. The relatively small number of identified victims led some in
the police and Immigration Bureau to conclude that trafficking in
persons was not a problem. The lack of reliable data on the scale of
human trafficking made this controversy difficult to resolve.
The country remained a destination and transit country for men,
women, and children trafficked for commercial sexual exploitation and
other purposes. Victims came from China, the Republic of Korea,
Southeast Asia, Eastern Europe, and to a lesser extent Latin America.
There were also reports of an increase in the internal trafficking of
girls for sexual exploitation. The majority of identified trafficking
victims were foreign women who migrated to the country seeking work but
upon arrival were subjected to debt bondage and forced prostitution.
Male and female migrant workers from China, Indonesia, the Philippines,
Vietnam, and other Asian countries were sometimes subjected to
conditions of forced labor.
Agents, brokers, and employers involved in trafficking for sexual
exploitation often had connections with organized crime syndicates (the
Yakuza), at a minimum in terms of ``protection money'' paid to
organized crime figures or their associates. Some in the NPA pointed
out that the identified trafficking cases did not appear to have
connections with organized crime. Some NGOs also reported that the
sexual exploitation cases appeared to be handled by individuals running
prostitution businesses. However, many experts believed that the Yakuza
were heavily involved in their traditional businesses, which include
prostitution. Reports also showed an increase in former trafficking
victims becoming traffickers.
Most women trafficked into the sex trade had their travel documents
taken away and their movements strictly controlled by their employers.
Victims were threatened with reprisals to themselves or their families
if they tried to escape. Employers often isolated the women, subjected
them to constant surveillance, and used violence to punish them for
disobedience. NGOs reported that in some cases brokers used drugs to
subjugate victims.
Debt bondage was another means of control. Before arrival in the
country, trafficking victims generally did not understand the size of
the debts they would owe, the amount of time it would take them to
repay the debts, or the conditions of employment to which they would be
subjected upon arrival. Women faced debts of up to 4.5 million yen
($45,000). In addition, they had to pay their employer for their living
expenses, medical care (when provided by the employer), and other
necessities. ``Fines'' for misbehavior added to the original debt, and
the process that employers used to calculate these debts was not
transparent. Employers also sometimes ``resold,'' or threatened to
resell, troublesome women or women found to be HIV positive, thereby
increasing the victims' debts and often leading to even worse working
conditions.
In response to increased police enforcement, many sex business
operators shifted from storefront businesses to ``delivery'' escort
services. The shift to Internet-based solicitation and procurement made
it much harder to measure the extent to which employers exploited
victims of trafficking.
There was no significant improvement in the country's prosecution
of sex trafficking. The government reported 29 prosecutions and 13
convictions in 2008 under the antitrafficking law, compared with 11
prosecutions and 12 convictions in 2007. However, since prosecutors
chose to prosecute under the crime they were most assured of getting a
conviction, there may have been prosecutions and convictions of
traffickers under other laws. Most authorities attributed a decline in
numbers from a peak in 2005 as the result of a crackdown on the
``entertainment'' visa category, forcing traffickers to use other
means. Eleven of the 13 convicted offenders in 2008 received suspended
sentences, however, and were not punished with imprisonment beyond time
served in detention.
Labor exploitation was widely reported by labor activists, NGOs,
shelters, and the media (see section 7.e.). There were two convictions
for labor trafficking during the past three years, although Labor
Standard Inspection Bodies identified more than 1,209 violations of
labor laws in 2006 alone. The NPA identified 36 victims in 2008, down
from 43 victims in 2007. This number was considered disproportionately
low relative to the suspected magnitude of the trafficking problem.
Despite reports by both official and private entities of labor
exploitation, the government identified only one victim of labor
trafficking in 2008, associated with a sex trafficking case. However,
the prosecution of labor traffickers in fact took place under a variety
of other labor laws.
There were media reports of government officials using their
influence to facilitate trafficking, including a report at the end of
2008 of a secretary to a minister who used his influence to obtain
short-term visas for 300 Filipinas to sing at charity concerts but who
in fact ended up working as hostesses in pubs. Low-level persons were
arrested, but the charges against the secretary and his minister were
dropped. In another case a senior immigration officer reportedly
received a 5.8 million yen ($58,000) bribe to facilitate the issuance
of ``entertainer visas'' between July 2007 and November 2009. At year's
end the case was under investigation.
There continued to be reports that police and immigration officers
failed to identify victims adequately. Although antitrafficking
education efforts for police and immigration officials continued, the
country did not use formal victim identification procedures, although
it cooperated with the IOM in victim identification.
The country did not dedicate government law enforcement or social
services personnel specifically to human trafficking, but there were
individuals in various branches of the government and police whose main
emphasis was human trafficking. NGOs continued to assert that the
government was not proactive in searching for victims among vulnerable
populations such as foreign women in the sex trade or migrant laborers.
NGOs reported that police and immigration officers occasionally
neglected to classify women working in exploitative conditions as
victims because they willingly entered the country to work illegally.
The government stated that although initially individuals may be
identified as having broken a law, once they were recognized as
trafficking victims, they received protection and were not held liable
for any immigration laws they may have broken or any laws dealing with
the type of employment they were forced to undertake.
The MHLW encouraged police and immigration officers to use its
preexisting network of shelters for domestic violence victims as
temporary housing for foreign trafficking victims awaiting
repatriation. The government repatriated 18 of 36 identified
trafficking victims without referring them to the IOM for risk
assessment and formal repatriation processing in 2008. According to the
government, these early repatriations were at the request of the
victim. The remaining 18 received services from government shelters. A
significant percentage of the foreign women listed as victims of
domestic violence may have been trafficking victims and were provided
shelter. The government paid for victims' medical care and subsidized
repatriation through a grant to the IOM.
Typically, government shelters lacked the resources needed to
provide the specialized services that trafficking victims often
require. NGO shelters that specialized in assisting victims did not
have full-time staff able to speak other languages at the level
required for adequate counseling. The MHLW shelters had to rely on
interpretation services from outside providers. While some victims
received psychological care in government facilities, the large
majority did not have adequate access to trained psychological
counselors with native language ability. In cooperation with the IOM,
the government began a program to train interpreters in appropriate
counseling skills. However, due to the lack of such counseling, the
isolation of victims from fellow nationals and other trafficking
victims, and the lack of alternatives--particularly any option to work
or generate income while in the country--foreign women staying at
government shelters elected to repatriate as quickly as possible.
Although the government reserved funds to subsidize victims' stays in
private shelters, the majority of victims were referred to public
shelters. While the government claimed that victims were eligible for
special stay status as a legal alternative to repatriation in cases
where victims would face hardship or retribution, there were very few
cases of a victim staying in country for more than a few months, and
these usually were victims in private shelters or who had found NGO
support.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, and access to health care, and the government generally
enforced these provisions; however, the Federation of Bar Associations
complained that discrimination is undefined and thus not enforceable
through judicial remedies.
Persons with disabilities 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 $425) per vacant
position per month. Public employment of persons with disabilities
exceeded the minimum, but according to MHLW statistics the private
sector lagged despite increases over previous years. In a 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 as a result, 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.
According to NGOs and physicians, persons with mental illnesses
also faced stigmatization and both educational and occupational
barriers. Mental health professionals said that insufficient efforts
were being made to reduce the stigma of mental illness and to inform
the public that depression and other mental illnesses were treatable,
biologically based illnesses.
National/Racial/Ethnic Minorities.--Burakumin (descendants of
feudal era ``outcasts'' ) and ethnic minorities experienced varying
degrees of societal discrimination. The approximately three million
burakumin, although not subject to governmental discrimination,
frequently were victims of entrenched societal discrimination,
including restricted access to housing, education, and employment
opportunities. Discrimination persisted extensively, mostly outside the
major metropolitan areas.
Despite legal safeguards against discrimination, the country's
large populations of Korean, Chinese, Brazilian, and Filipino permanent
residents--many of whom were born, raised, and educated in Japan--were
subject to various forms of deeply entrenched societal discrimination,
including restricted access to housing, education, and employment
opportunities. There was a widespread perception among citizens that
``foreigners,'' often members of Japan-born ethnic minorities, were
responsible for most of the crimes committed in the country. The media
fostered this perception, although MOJ statistics showed that the rate
of ``foreigner'' -committed crimes, excepting crimes such as illegal
entry and overstay, was lower than the crime rate for citizens. Long-
term foreign residents, including naturalized Japanese citizens,
continued to report occasional instances of being targeted,
particularly by the police. Independent observers reported that police
asked foreigners to give urine samples on several occasions for no
other reason than that they appeared to be foreign.
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.
There were approximately 600,000 ethnic Koreans who were permanent
residents or citizens. In general their acceptance by society was
steadily improving. As a result there was a continuing increase in the
number of ethnic Koreans applying for and being granted citizenship
(approximately 10,000 a year). 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 as
being equivalent to a 12-year program could take the entrance exam.
The courts ruled against the decisions of authorities to reject the
use of city halls and municipal facilities by North Korean-affiliated
groups. Isolated acts of threats and violence against Koreans continued
to be reported, especially after North Korean missile tests.
Indigenous People.--Although the Ainu enjoyed the same rights as
all other citizens, when clearly identifiable as Ainu they faced
discrimination. In June 2008 the Diet unanimously passed a resolution
recognizing the Ainu as an indigenous people. In August the government
opened the Ainu Affairs Comprehensive Policy Office, an interagency
organization in charge of launching, steering, and promoting Ainu
policies as a successor to the governmental advisory panel on Ainu
issues. 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 October 2008 advising it to designate both the Ainu and the
Ryukyumin (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 regardless of whether the ``Ryukyumin/Okinawans'' are
recognized as an indigenous people, it had made efforts to preserve and
draw on Okinawan traditions and promote Okinawan culture in line with
its plan for development and promotion in Okinawa.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No laws criminalize homosexual
practices or protect against discrimination on the basis of sexual
orientation. However, NGOs that advocate for gay, lesbian, bisexual,
and transgender persons noted that on some occasions such persons
suffered from bullying, harassment, and violence.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Many foreign university professors, especially women, complained of
discrimination, noting that there were few tenured foreign professors.
With few exceptions, the majority of universities, including national
universities, hired foreign academics on short-term contracts without
the possibility of tenure.
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. Approximately 18.1 percent of the total workforce was
unionized.
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.
In general, unions in the private sector have the right to strike,
and workers exercised this right in practice. However, workers in
sectors providing essential services, including electric power
generation and transmission, transportation and railways,
telecommunications, medical care and public health, and postal service,
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,
public employees and employees involved in providing essential services
(approximately 5.5 percent of the total workforce of 66.5 million) are
exempt from this right. 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. Approximately one third
of workers were part-time or nonregular and difficult to organize for
collective bargaining purposes. The result was that a significant
proportion of the workforce did not enjoy the right to collective
bargaining because they were in prohibited public employee or essential
service jobs, worked for a form of company not legally considered an
employer, or were in part-time jobs that made collective bargaining
difficult.
There were no reports of antiunion discrimination or other forms of
employer interference in union functions. The increased use of short-
term contracts, often in violation of the Labor Standards Law, not only
undermined regular employment but also frustrated organizing efforts.
According to a 2008 official survey, 34.5 per cent of all employees
were nonregular workers.
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. Most trafficking victims were foreign women who
migrated to the country seeking work but were subjected to debt bondage
and forced prostitution (see section 6). Workers who entered the
country illegally or who overstayed their visas also were at risk for
these practices, including nonpayment or underpayment of wages. Some
companies forced foreign laborers in the trainee visa program to work
illegal overtime, refused to pay them allowances, controlled their
movement and travel documents, and forced them to deposit paychecks
into company-controlled accounts. The law and MOJ guidelines prohibit
these practices. In July the government passed an amendment to the
Immigration Control and Refugee Recognition Act that grants full labor
law protection to foreign trainees in the first year of their program
following an initial three-month internship period. 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.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law bans the exploitation of children in the workplace, and the
government effectively implemented the law. The MHLW is responsible for
enforcement. By law children between the ages of 15 and 18 may perform
any job that is not designated as dangerous or harmful. Children
between the ages of 13 and 15 may perform ``light labor'' only, and
children under 13 may work only in the entertainment industry. Other
than victims of human trafficking and child pornography, child labor
was not a problem.
e. Acceptable Conditions of Work.--Minimum wages are set on a
prefectural and industry basis, with the input of tripartite (workers,
employers, and public interest) advisory councils. Employers covered by
a minimum wage must post the concerned minimum wages, and compliance
with minimum wages was considered widespread. Minimum wage rates varied
according to prefecture, from 618 yen ($5.74) to 739 yen ($6.54) per
hour. The minimum daily wage provided a decent standard of living for a
worker and family.
The law provides for a 40-hour workweek for most industries and
mandates premium pay for hours worked above 40 in a week or eight in a
day. However, it was widely accepted that workers, including those in
government jobs, routinely exceeded the hours outlined in the law.
Labor unions frequently criticized the government for failing to
enforce maximum working hour regulations. According to the Ministry of
Labor, between 2004 and the end of 2008, 1,608 applications were made
by survivors seeking recognition of a deceased as a ``karoshi'' (death
from overwork) victim. The ministry officially recognized 1,576 of
these applications as karoshi victims.
According to the Japanese Trade Union Confederation, companies
increasingly hired workers on a part-time, contract, or nonregular
basis. Such workers made up one-third of the labor force and worked for
lower wages, often with less job security and benefits than career
workers and sometimes in precarious working conditions. Other groups
argued that the labor system had been too rigid before regulations
changed to allow this type of work. One of the ostensible goals of the
Revised Part-Time Work Law, which came into force in April 2008, was to
provide equality for part-time workers, the majority of whom are women,
in terms of wages and training. However, to qualify, the 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.
Activist groups claimed 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, in the country, 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.
NGOs and the media reported abuses of the ``foreign trainee''
program, a government-sponsored training program facilitated by the
Japan International Training Cooperation Organization. In some
companies trainees reportedly were forced to work unpaid overtime and
received less than the minimum wage or even the legally required
stipend level for their first ``trainee'' year. 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.'' In 2008 the Justice Ministry
confirmed that 452 companies and other organizations that accepted
foreign trainees were involved in illegal practices, of which an
estimated 60 percent involved violations of labor-related laws,
including unpaid wages and overtime allowances. However, there are no
criminal penalties for companies found in violation of laws and
regulation. Although Labor Standard Inspection Bodies identified more
than 1,200 violations of labor laws in 2006 alone, there were only two
convictions for labor trafficking during the past three years. 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 34 trainees died in FY2008. Sixteen of them died of brain
and heart diseases often caused by long working hours. Experts in
karoshi said that there was a high possibility that they died from
overwork.
The government sets occupational health and safety standards, and
the Ministry of Labor effectively administered the various laws and
regulations governing occupational health and safety. Labor inspectors
have the authority to suspend unsafe operations immediately, and the
law provides that workers may voice concerns over occupational safety
and remove themselves from unsafe working conditions without
jeopardizing their continued employment.
__________
KIRIBATI
Kiribati is a constitutional multiparty republic with a population
of approximately 92,500. The president exercises executive authority
and is popularly elected for a four-year term. The legislative assembly
nominates at least three, and no more than four, presidential
candidates from among its members. Parliamentary and presidential
elections held in 2007 were considered generally free and fair. Anote
Tong of the Boutokaan Te Koaua party was reelected president. Civilian
authorities generally maintained effective control of the security
forces.
The government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of dealing
with individual instances of abuse. Violence and discrimination against
women, child abuse, and commercial sexual exploitation of children were
problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports 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./n
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./n
At year's end the prison system held 85 inmates (84 men and one
woman); approximately 3 percent of male inmates were juveniles (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.
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 were generally respected in
practice. Many individuals were released on their own recognizance
pending trial, and bail was granted routinely for many offenses. The
law requires arrested individuals be informed of their rights, which
include the right to legal counsel during questioning and the right not
to incriminate themselves. Two police officers must be present at all
times during questioning of detainees, who also are provided the option
of writing and reviewing statements given to police. Detainees were
allowed prompt access to legal counsel. Public defenders, known as
``people's lawyers,'' were available free of charge for arrested
persons and others who needed legal advice.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice./n
Trial Procedures.--The constitution provides for the right to a
fair public trial, and an independent judiciary generally enforced this
right. There is no trial by jury. An accused person must be informed of
the charges and be provided adequate time and facilities to prepare a
defense. The law also provides for the right to confront witnesses,
present evidence, and appeal convictions. Defendants facing serious
criminal charges are entitled to free legal representation. Procedural
safeguards are based on British common law and include the presumption
of innocence until proven guilty. The law extends these rights to all
citizens.
Extrajudicial traditional communal justice, in which village elders
decide cases and mete out punishment, remained a part of village life,
especially on remote outer islands. 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./n
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./n
A media company owned by a member of parliament affiliated with the
governing party operated the country's other radio station and
published a weekly newspaper. Several other organizations, such as the
Kiribati Protestant Church, also published weekly newspapers./n
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./n
Internet Freedom.--There were no government restrictions on the
Internet or reports the government monitored e-mail or Internet chat
rooms. Individuals and groups could engage in peaceful expression of
views via the Internet, including by e-mail. While generally available
and accessible on South Tarawa, public access to the Internet elsewhere
in the country was limited by lack of infrastructure. The International
Telecommunication Union reported that approximately 2 percent of the
country's inhabitants used the Internet in 2008./n
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./n
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were isolated reports of
societal discrimination against religious groups viewed as outside the
mainstream; in a few cases, traditional village leaders have prevented
such groups from proselytizing or holding meetings in their villages.
There were no reports of anti-Semitic acts. There was no known Jewish
community in the country.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons/n
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./n
The occasion did not arise during the year for government
cooperation with the Office of the UN High Commissioner for Refugees or
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern./n
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./n
Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or 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. 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.
Elected village councils run local governments in consultation with
traditional village elders.
In July the traditional elders' association of Maiana Island
demanded the island's elected mayor and council vacate office and a new
council election be held. The council refused and took the matter to
court; the High Court decided in favor of the council. However,
subsequently the mayor's house was burned down, and the mayor and
council members resigned in August.
There were two women in the 45-member legislature. Several
permanent secretaries were women./n
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.
In March, together with Nauru and Tuvalu, the country signed a
memorandum of understanding to establish a subregional audit support
program, a new 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 specific law 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.
The government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations. There were visits from UN officials, including officials
from the UN Children's Fund and the UN Development Program, during the
year. In December a team from the Fiji-based Regional Resource Rights
Team of the Secretariat of the South Pacific Community visited the
country to consult with the government and nongovernmental
organizations (NGOs) on legal reform to address violence against
women./n
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./n
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.
A Kiribati Family Health and Safety Study prepared by the
Secretariat of the Pacific Community estimated 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./n
Prostitution is not illegal; however, procuring sex and managing
brothels are illegal. The lack of a law against prostitution hindered
the ability of the police to restrict these activities.
The law does not specifically prohibit sex tourism. There were
reports of foreign fishermen engaging in commercial sexual acts with
minors. Obscene or indecent behavior is banned.
The law does not prohibit sexual harassment, which sometimes
occurred but generally was not regarded as a major problem.
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 obstetric and postnatal care, was
available from public health hospitals and centers. Women and men also
had equal access to diagnosis and treatment for sexually transmitted
infections, including HIV./nThe law does not prohibit discrimination on
the basis of gender, and the traditional culture, in which men are
dominant, impeded a more active role for women in the economy. Women
filled many government office and teaching positions. Statistics
generally were not well collected in the country, and data on the
participation of women in the work force and on comparative wages were
unavailable. Women have 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./nThe Citizenship Act contains some discriminatory
provisions. For example, the foreign wife of a male citizen acquires
Kiribati citizenship automatically through the marriage; however, the
foreign husband of a female citizen does not. A man who applies for
Kiribati 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./nChildren
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 Kiribati
engaged in commercial sexual exploitation of women, some of whom were
underage. Research conducted in South Tarawa indicated there were fewer
than 20 girls under the age of 18 engaged in such prostitution. Some of
the girls worked as prostitutes in bars frequented by crewmembers.
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 the legal age of consent
is 15, hindered police efforts to stem the practice./n
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 above age 12 but under age 15 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.
Trafficking in Persons.--The law prohibits trafficking in persons,
and there were no reports persons were trafficked to, from, or through
the country. There were incidences of commercial sexual exploitation of
underage girls within the country.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip/./n
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities; however, there were
no formal complaints of discrimination in employment, education, or the
provision of other state services for persons with mental or physical
disabilities. Accessibility of buildings for persons with disabilities
has not been mandated, and there were no special accommodations for
persons with disabilities. The central hospital on Tarawa had a wing
for persons with mental disabilities, and there was a psychiatrist
working on Tarawa.
There was no government agency specifically responsible for
protecting the rights of persons with disabilities./n
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. Societal discrimination and violence based on
sexual orientation or gender identity were not significant problems.
Other Societal Violence or Discrimination.--Societal discrimination
and violence against persons with HIV/AIDS were not significant
problems. According to Ministry of Health statistics, 20 women and 32
men had AIDS or were HIV positive. A government-run HIV/AIDS taskforce
coordinated outreach and educational activities concerning HIV/AIDS./n
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.
More than 80 percent of the adult workforce was occupied in fishing
or subsistence farming. An estimated 10 percent of wage-earning workers
were union members. There were no official public-sector trade unions,
but nurses and teachers belonged to voluntary employee associations
similar to unions and constituted approximately 30 to 40 percent of
total union and association membership./n
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./n
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. 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 reports of antiunion discrimination,
and there were mechanisms to resolve any complaints that might arise./n
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./n
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.
Underage girls were solicited for commercial sex.
e. Acceptable Conditions of Work.--The wage-earning workforce
consisted of approximately 8,000 persons, mostly employed on the main
atoll of Tarawa, the political and commercial capital. The remainder of
the working population worked within a subsistence economy. There is no
official minimum wage, but the Labor Ministry estimated the ``non-
legislated'' minimum to be between A$1.60 and A$1.70 (approximately
$1.45 and $1.50) 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 (80 percent of the wage-earning workforce) worked 36.25
hours per week, with overtime pay for additional hours.
Employment laws provide rudimentary health and safety standards for
the workplace, which the Labor Ministry is responsible for enforcing.
Employers are liable for the expenses of workers injured on the job,
but a lack of qualified personnel hampered the government's ability to
enforce employment laws, and no workplace inspections were conducted
during the year. Workers do not have the right to remove themselves
from hazardous work sites without risking loss of employment.
__________
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
The Democratic People's Republic of Korea (DPRK or North Korea) is
a dictatorship under the absolute rule of Kim Jong-il, general
secretary of the Korean Workers' Party (KWP) and chairman of the
National Defense Commission (NDC), the ``highest office of state.'' The
country has an estimated population of 23.5 million. Kim's father, the
late Kim Il-sung, remains ``eternal president.'' National elections
held in March were not free or fair. There was no civilian control of
the security forces, and members of the security forces committed
numerous serious human rights abuses.
The government's human rights record remained deplorable, and the
government continued to commit numerous serious abuses. 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 were 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. 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 and 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. An 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, Republic of Korea (ROK
or South Korea) NGOs and think tanks reported.
In the past border guards reportedly had orders to shoot to kill
potential defectors, and prison guards were under orders to shoot to
kill those attempting to escape from political prison camps, but it was
not possible to determine if this practice continued during the year.
During the year the security forces 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.
Press and South Korean NGOs reported that public executions were on
the rise, but no statistics were available to document the reported
trend.
In February two officials from the Ministry of Electric Industry
were reportedly executed for ``shutting down the electricity supply''
to the Sunjin Steel Mill in Kimchaek, North Hamkyung Province (see
section 4).
In June the navy allegedly killed three persons fleeing to South
Korea on a small boat (see section 2.d.).
Also in June an NGO reported four inmates and a guard at Yodok
prison camp were killed following a gas explosion. The incident
reportedly occurred while five workers were unloading drums of
gasoline. Two of the prisoners reportedly died in the explosion, and
guards shot and killed two others. The guard on night duty who survived
the accident reportedly was sentenced to death.
An NGO reported that in June four soldiers beat and killed a
security guard after he refused to give them the potatoes he was
guarding. Security agents reportedly arrested the soldiers. There was
no additional information available regarding the soldiers' status at
year's end.
It was unknown whether the government prosecuted or otherwise
disciplined members of the security forces for killings that occurred
in 2008, including the July 2008 shooting by security forces that
killed a visiting South Korean tourist who strayed outside the boundary
of the Mt. Kumgang Tourism Park.
During the year the brother of Son Jong-nam reported he believed
that in December 2008 officials executed Son Jong-nam, who was
sentenced to death in 2006 for maintaining contacts with organizations
outside the country.
b. Disappearance.--Reports indicated 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.
There were no new developments in the 2008 reported disappearance
of 22 North Koreans who were repatriated after floating into South
Korean waters.
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 480
of its civilians, abducted or detained by DPRK authorities since the
end of the Korean War, remained in the DPRK. The ROK government
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 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.
A 2008 Washington Post article on Shin Dong-hyuk, a defector born
and confined in a political prison camp in Kaechon in South Pyongan
Province for 22 years, stated that beatings and torture were common
within the camp. Shin reported that he was tortured with hot coals
while being hung from the ceiling after members of his family tried to
escape from the camp.
The North Korean Human Rights Database Center's 2009 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 tasks 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. Defectors claimed the camps covered areas as large
as 200 square miles and contained mass graves, barracks, worksites, and
other prison facilities. The Washington Post reported in July 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.
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,
such as defection, were sent to political prison camps indefinitely.
Many prisoners in political prison camps were not expected to survive.
The government continued to deny the existence of political prison
camps.
Reports indicated that conditions in the political prison camps
were harsh and that systematic and severe human rights abuses occurred
throughout the prison and detention system. Detainees and prisoners
consistently reported violence and torture. According to refugees, in
some places of detention, prisoners received little or no food and were
denied medical care. Sanitation was poor, and former labor camp inmates
reported they had no changes of clothing during their incarceration and
were rarely able to bathe or wash their clothing. 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.
The government did not permit inspection of prisons or detention
camps by human rights monitors.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but reports indicated that the government did not
observe these prohibitions in practice.
Role of the Police and Security Apparatus.--The internal security
apparatus includes the Ministry of Public Security (MPS) and the State
Security Department (SSD). Corruption in the security forces was
endemic. The security forces do not have adequate mechanisms to
investigate possible security force abuses.
The country has an estimated 1.1 million active duty military
personnel, in addition to a reserve force of approximately three
million. The military conscripts citizens into military service at age
17, and they serve for four to 10 years.
The formal public security structure was augmented by a pervasive
system of informers throughout the society. Surveillance of citizens,
both physical and electronic, also 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. It maintains law and order; investigates common criminal
cases; manages the prison system and traffic control; 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.
In 2008 one South Korean NGO reported that the role of the police
increased significantly. The increased responsibility reportedly caused
tension between the police and the military.
Arrest Procedures and Treatment While in Detention.--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 People's Safety Agency
was authorized to handle directly criminal cases without approval of
prosecutors. Previously, once police officers arrested suspects, the
preadjudication department examined facts and evidence of the case and
passed the case to prosecutors. It was not until the completion of
prosecutors' investigation that the court made an official decision on
the case. The change was made reportedly because of corruption among
prosecutors.
There were no restrictions on the government's ability to detain
and imprison persons at will or to hold them incommunicado. Family
members and other concerned persons found it virtually impossible to
obtain information on charges against detained persons or the lengths
of their sentences. Judicial review of detentions did not exist in law
or in practice.
In January the Sooseong Reeducation Center reportedly doubled the
sentences of inmates near the end of their three- and four-year terms.
In March a ROK national was apprehended at the Kaesong Industrial
Complex and detained for four months without being allowed to speak
with ROK government officials.
e. Denial of Fair Public Trial.--The constitution states that
courts are independent and that judicial proceedings are to be carried
out in strict accordance with the law; however, an independent
judiciary did not exist. The constitution mandates that the central
court is accountable to the Supreme People's Assembly, and the criminal
code subjects judges to criminal liability for handing down ``unjust
judgments.''
Trial Procedures.--The MPS dispensed with trials in political cases
and referred prisoners to the SSD for punishment. Little information
was available on formal criminal justice procedures and practices, and
outside access to the legal system was limited to show trials for
traffic violations and other minor offenses.
The constitution contains elaborate procedural protections,
providing that cases should be heard in public, except under
circumstances stipulated by law. The constitution also states that the
accused has the right to a defense, and when trials were held, the
government reportedly assigned lawyers. Some reports noted a
distinction between those accused of political, as opposed to
nonpolitical, crimes and claimed that the government offered trials and
lawyers only to the latter. There was no indication that independent,
nongovernmental defense lawyers existed. According to a Washington Post
report, most inmates at prison camps were sent there without a trial
and without knowing the charges against them.
A paper published during the year reported that only 13 of 102
defectors who had been imprisoned said they received a trial.
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 a type of political prison camps known as kwan li so. The
government considered critics of the regime to be political criminals.
Reports from past years described political offenses as including
sitting on newspapers bearing Kim Il-sung's or Kim Jong-il's picture,
mentioning Kim Il-sung's limited formal education, or defacing
photographs of the Kims.
Civil Judicial Procedures and Remedies.--According to article 69 of
the constitution, ``[c]itizens are entitled to submit complaints and
petitions. The state shall fairly investigate and deal with complaints
and petitions as fixed by law.'' Under the Law on Complaint and
Petition, citizens are entitled to submit complaints to stop
encroachment upon their rights and interests or seek compensation for
the encroached rights and interests. Reports indicated this right was
not respected in practice.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution provides for the inviolability of
person and residence and the privacy of correspondence; however, the
government did not respect these provisions in practice. The regime
subjected its citizens to rigid controls. The government relied upon a
massive, multilevel system of informants to identify critics and
potential troublemakers. Entire communities sometimes were subjected to
security checks. Possessing ``antistate'' material and listening to
foreign broadcasts were crimes that could subject the transgressor to
harsh punishments, including up to five years of labor reeducation.
In October a South Korean NGO reported that after soldiers in South
Pyongan Province found pamphlets with antigovernment messages,
counterintelligence and security agents conducted an investigation of
organizations and homes with computers in the region to determine the
source.
The government monitored correspondence and telephone
conversations. Private telephone lines operated on a system that
precluded making or receiving international calls; international phone
lines were available only under restricted circumstances. Foreign
diplomats in Pyongyang stated that the local network was subdivided so
telephone use remained a privilege.
During the year a broader range of citizens gained access to an
internal mobile phone network with an estimated 120,000 users. The
system was segregated from systems used by foreigners and could not be
used for international calls. In the border regions with China, an
unauthorized mobile phone network was reported to exist for use in
making international calls. Those caught using cell phones illegally
were arrested and required to pay a fine or face charges of espionage.
The government divided citizens into strict loyalty-based classes,
which determined access to employment, higher education, place of
residence, medical facilities, and certain stores.
Collective punishment was practiced. Entire families, including
children, have been imprisoned when one member of the family was
accused of a crime. For example, a decree on cutting electric power or
communication lines and conducting illegal drug transactions states
that a violator's family shall be ``expelled.''
In September an international NGO reported that a 76-year-old
former security officer was executed for a crime during the Korean War.
His two sons, three daughters, and five grandsons were sent to a
political detention center.
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.
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, received only domestic
programming; radios obtained from abroad had to be altered to operate
in a similar manner. Elites and facilities for foreigners, such as
hotels, could be granted permission to receive international television
broadcasts via satellite. The government continued to attempt to jam
all foreign radio broadcasts. The government condemned the activities
of a defector-run broadcasting station in South Korea.
Internet Freedom.--Internet access for citizens was limited to
high-ranking officials and other designated elites, including select
university students. This access was granted via international
telephone lines through a provider in China, as well as a local
connection that was linked with a German server. An ``intranet'' was
reportedly available to a slightly larger group of users, including an
elite grade school; selected research institutions, universities, and
factories; and a few individuals. The Korean Communication Corporation
acted as the gatekeeper, downloading only acceptable information for
access through the intranet. Reporters Without Borders reported that
some e-mail access existed through this internal network. According to
a press report, an increasing number of citizens had e-mail addresses
on their business cards, although they were usually e-mail addresses
shared among all the employees of an organization. In March 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 and academic works. A primary
function of plays, movies, operas, children's performances, and books
was to buttress the cult of personality surrounding Kim Il-sung and Kim
Jong-il.
According to North Korean media, Kim Jong-il frequently told
officials that ideological education must take precedence over academic
education in the nation's schools. Indoctrination was carried out
systematically through the mass media, schools, and worker and
neighborhood associations. Indoctrination continued to involve mass
marches, rallies, and staged performances, sometimes including hundreds
of thousands of persons.
The government continued its attempt to limit foreign influences on
its citizens. According to an NGO, the government warned children that
imitating foreign songs and dances would result in detention in a
discipline center. 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 on 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. One South Korean NGO reported in March that four
university students in Sinuiju were publicly criticized and expelled
from school for watching foreign movies. The same NGO reported in April
that two persons who sold South Korean dramas were put on public trial
and sent to a reeducation center. The NGO reported a crackdown on
illegal videos and CDs in South Pyongsung Province in September.
Residents caught with any suspicious items were arrested, interrogated,
and either sent to a reeducation center or a city discipline center.
One NGO reported that inspectors confiscated televisions, VCRs, and
unregistered computers, holding them until a bribe was paid. Tetris was
the only foreign computer game allowed in North Korea. However,
according to an NGO, children of high-ranking officials could obtain
and play foreign films and games on their computers.
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.
Freedom of Association.--The constitution provides for freedom of
association; however, the government failed to respect this provision
in practice. There were no known organizations other than those created
by the government. Professional associations existed primarily to
facilitate government monitoring and control over organization members.
c. Freedom of Religion.--The constitution provides for ``freedom of
religious belief'' ; however, reports indicated that in practice the
government severely restricted religious freedom unless supervised by
officially recognized groups linked to the government. The law also
stipulates that religion ``should not be used for purposes of dragging
in foreign powers or endangering public security.'' Genuine religious
freedom did not exist.
The personality cult of Kim Il-sung and Kim Jong-il continued to
resemble a state religion that provided a spiritual underpinning for
the regime. Refusal to accept the leader as the supreme authority was
regarded as opposition to the national interest and continued to result
in severe punishment.
The Korea Institute for National Unification's 2009 White Paper on
Human Rights in North Korea concluded that the regime used authorized
religious entities for external propaganda and political purposes and
strictly barred local citizens from entering places of worship. For
example, funds and goods that were donated to government-approved
churches were channeled to the KWP by the government.
According to defector reports, the government reportedly was
concerned that faith-based South Korean relief and refugee assistance
efforts along the border with China had both humanitarian and political
goals, including overthrow of the regime, and alleged that these groups
were involved in intelligence gathering. In 2007 Asia News reported
that the army published and distributed a pamphlet to soldiers warning
them about the dangers of Christianity and urging vigilance against its
spread within the armed forces.
There continued to be reports of underground Christian churches.
The government repressed and persecuted unauthorized religious groups.
Defectors reported that persons engaged in religious proselytizing,
persons with ties to overseas religious groups, and repatriated persons
who contacted foreigners while outside the country were arrested and
subjected to harsh punishment. Defectors asserted that citizens who
received help from foreign churches were considered political criminals
and received harsher treatment, including imprisonment, prolonged
detention without charge, torture, and execution. Former North Korean
security agents who defected to South Korea reported intensified police
activity aimed at halting religious activity at the border.
According to the Associated Press, authorities publicly executed a
woman on June 16 for distributing the Bible and sent her husband and
three children to a prison camp.
Religious and human rights groups outside the country continued to
provide numerous unconfirmed reports that members of underground
churches were beaten, arrested, detained in prison camps, tortured, or
killed because of their religious beliefs.
Societal Abuses and Discrimination.--There was no information on
societal violence, harassment, or discrimination against members of
religious groups.
There was no known Jewish population, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for the ``freedom to
reside in or travel to any place'' ; however, the government did not
respect this right in practice. During the year the government
continued to attempt to control internal travel. The government did not
cooperate with the Office of the UN High Commissioner for Refugees and
other humanitarian organizations in 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. An NGO reported that in the provinces along the
Chinese border, persons traveling without authorization papers were
arrested and fined 100,000 won (approximately $700). (Note: the
government revalued its currency on November 30. Approximations in this
report are based on the prerevalued rates.)
The government strictly controlled permission to reside in, or even
to enter, Pyongyang, where food supplies, housing, health, and general
living conditions were much better than in the rest of the country.
Foreign officials visiting the country observed checkpoints on the
highway leading into Pyongyang from the countryside.
The government also restricted foreign travel. The regime limited
issuance of exit visas for foreign travel to officials and trusted
businessmen, artists, athletes, academics, and religious figures.
Short-term exit papers were available for some residents on the Chinese
border to enable visits with relatives or to engage in small-scale
trade.
It 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 both sides of 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. According to an NGO, on February 10, a navy patrol
boat captured a fishing boat that crossed into international waters;
they arrested the captain and crew for attempting to flee to South
Korea. Authorities reportedly beat one crewmember to death during a
preliminary hearing. Six crewmembers were released, but five, including
the captain, remained in custody.
Substantial numbers of citizens have crossed the border into China
over the years, and NGO estimates of those who lived there during the
year ranged from tens of thousands to hundreds of thousands. Some
settled 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 gained asylum
in third countries during the year.
The law criminalizes defection and attempted defection, including
the attempt to gain entry to a foreign diplomatic facility for the
purpose of seeking political asylum. Individuals who cross the border
with the purpose of defecting or seeking asylum in a third country are
subject to a minimum of five years of ``labor correction.'' An NGO
reported that minors over age 14 found crossing the border were tried
as adults. 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 regime
differentiated between persons who crossed the border in search of food
(who might be sentenced only to a few months of forced labor or in some
cases merely issued a warning) and persons who crossed repeatedly or
for political purposes (who were sometimes sentenced to heavy
punishments). The law stipulates a sentence of up to two years of
``labor correction'' for the crime of illegally crossing the border.
During the year the government reportedly continued to enforce the
policy that all border crossers be sent to prison or reeducation
centers.
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 (KPA), with Kim Jong-
il in control, dominated the political system. Little reliable
information was available on intraregime politics. The legislature, the
Supreme People's Assembly (SPA), meets only a few days per year to
rubber-stamp resolutions and legislation presented by the party
leadership.
The government justified its dictatorship with nationalism and
demanded near deification of both Kim Jong-il and Kim Il-sung. All
citizens remained subject to intensive political and ideological
indoctrination, which was intended to ensure loyalty to the leadership
and conformity to the state's ideology and authority.
Elections and Political Participation.--Elections of delegates to
the SPA were held in March. 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.''
Women made up 20 percent of the membership of the SPA as of the
2003 elections. Women consituted approximately 4.5 percent of the
membership of the Central Committee of the KWP but held few key KWP
leadership positions.
The country is racially and ethnically homogenous. Officially there
are no minorities, and there was, therefore, no information on minority
representation in the government.
Section 4. Official Corruption and Government Transparency
It was 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.
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.
An international NGO reported numerous examples of bribery at all
levels of government. For example, applicants paid bribes of up to
500,000 won (approximately $3,500) to secure a spot at a professional
medical school. Health examiners accepted bribes to evaluate healthy
persons as sick so they would be taken off worker attendance sheets.
A South Korean NGO reported that bribes were necessary to obtain a
divorce. According to the report, 200,000 won (approximately $1,400)
was reported to secure a divorce trial within two months; it takes six
months to one year to get a divorce with a smaller bribe.
A South Korean NGO reported that party leaders took advantage of
their positions, using them to make money, and that party leaders were
exempt from labor mobilization campaigns.
The same NGO also reported several attempts by the government to
suppress corruption. It reported that public housing officials in at
least five cities were dismissed from their jobs and sent to work camps
for living in new or luxurious homes paid for with government funds. It
reported that in February authorities publicly executed two senior
electricity officials in Pyongsung for overcharging for electricity and
diverting electricity from the military to businesses who were bribing
them. A public conference was held in Sinuiju to showcase misconduct
and bribery engaged in by prosecutors. These examples were
illustrative, not exhaustive, and the approximate number of cases 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
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 continued to prevent the UN Special
Rapporteur on the situation of human rights in the DPRK, Vitit
Muntarbhorn, from visiting the country to carry out his mandate. The
government continued to refuse to recognize the special rapporteur's
mandate and rejected the offer of the Office of the High Commissioner
on Human Rights to work with the government on human rights treaty
implementation.
Section 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
and forced abortions.
Violence against women has been reported as a significant problem
both inside and outside the home.
According to press reports, prostitution is illegal; there was no
available information on the prevalence of prostitution in the country.
During the year South Korean NGOs reported that prostitution was on the
rise. In August an NGO reported that authorities uncovered a
prosititution ring in Hyeson, Yangang Province, which included teenage
prostitutes. There continued to be reports of trafficking in women and
young girls who had crossed into China.
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 constitution states that ``women hold equal social status and
rights with men'' ; however, although women were represented
proportionally in the labor force, few women reached high levels of the
party or the government.
Children.--Citizenship is derived from one's parents (jus
sanguinis)and in some cases birth within the country's territory (jus
soli).
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.
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.''
On April 21, a South Korean NGO reported that authorities sentenced
middle school students at Osanduk Middle School in Hoeryeong, North
Hamgyong Province, to work on collective farms for life because the
students refused to sign KPA enrollment petitions.
According to NGO reports, there was a large population of street
children, many of them orphans, who were denied entrance to public
schools. An NGO provided several reports of homeless children being
rounded up from detention centers and welfare institutions and sent to
work on collective farms or at construction sites. However, one report
indicated that 63 of 80 children sent to work at Mount Baekdu escaped
to resume their lives on the street.
Trafficking in Persons.--Article 7 of the 1946 Law on Equality of
the Sexes forbids trafficking in women and states that licensed or
unlicensed prostitution shall be forbidden and offenders shall be
punished. It was unclear whether this law was used to prosecute
traffickers. The laws reportedly used to prosecute traffickers sought
to limit crossborder migration and often harmed trafficking victims.
The government claimed crackdowns on ``trafficking networks'' were a
result of its desire to control all activity within its borders,
particularly illegal emigration, rather than to combat trafficking in
persons. Trafficking in persons and trafficking of women and young
girls into and within China continued to be widely reported. According
to some estimates, more than 80 percent of North Koreans living outside
the country were victims of human trafficking. The government
reportedly continued to use forced labor as part of an established
system of political repression.
Some North Korean women and girls who voluntarily crossed into
China were picked up by trafficking rings and sold as brides to Chinese
nationals or placed in forced labor. In other cases, North Korean women
and girls were lured out of the country by the promise of food, jobs,
and freedom, only to be forced into prostitution, marriage, or
exploitive labor arrangements. A network of smugglers facilitated this
trafficking. Many victims of trafficking, unable to speak Chinese, were
held as virtual prisoners, and some were forced to work as prostitutes.
Traffickers sometimes abused or physically scarred the victims to
prevent them from escaping. Officials facilitated trafficking by
accepting bribes to allow individuals to cross the border into China.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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. The North Korean
Federation for the Protection of the Disabled has endorsed this number.
A foreign NGO reported that the North Korean Federation for the
Protection of the Disabled 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.
Social Abuses, Discrimination, and Acts of Violence Based on Sexual
Orienation and Gender Indentity
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. Factory and farm
workers were organized into councils, which had an impact on management
decisions. According to the International Trade Union Confederation,
North Korean law does not contain penalties for employers who interfere
in union functions, nor does it protect workers who might attempt to
engage in union activities from employer retaliation.
There was one special economic zone (SEZ) in the Rajin-Sonbong
area. The same labor laws that 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 117
South Korean firms were operational at the KIC as of December, and
approximately 41,900 North Korean workers were employed at KIC as of
November. 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 $57.88 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 $85 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 to the workers, the wages
were in fact paid to the North Korean government, which withheld a
portion for social insurance and other benefits and then remitted the
balance (reportedly about 70 percent) to the workers in an unknown
combination of ``commodity supply cards,'' which could be exchanged for
staple goods, and North Korean won, converted at the official exchange
rate.
Workers at the KIC do not have the right to choose employers. In
December 2008 the government restricted border crossings and South
Koreans' access to the KIC, protesting what it called the ``hostile
policies'' of the South Korean government. On May 15, North Korea
threatened to end operations at Kaesong and cancel all KIC-related
inter-Korean agreements. In June North Korea demanded that wages for
its workers at Kaesong be increased to $300 per month, with annual
increases of 10 to 12 percent. These demands were addressed by the
South Korean government with an increase of 5 percent and an agreement
to construct a children's nursery. On September 1, North Korea
restarted regular border crossings. As of September 11, North Korea
abandoned its demands for significant wage increases in 2009.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. However, the government mobilized the
population for construction and other labor projects, including on
Sundays, the one day off a week. The penal code criminalizes forced
child labor; however, there were reports that such practices occurred
(see section 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 and tending crops, continued to
be the common fate of political prisoners.
The penal code requires that all citizens of working age must work
and ``strictly observe labor discipline and working hours.'' 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, 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 South Korean NGO reported that a decision made by the city party
in Hoeryung, North Hamgyong Province, to punish absent workers prompted
factories to send every worker who was illegally absent for 15 to 20
days during the 150-day battle campaign to the municipal reeducation
center. The same NGO reported that youth and housewives in North
Hamgyong Province were forced to participate in the 150-day battle
without compensation.
d. Prohibition of Child Labor and Minimum Age for Employment.--
According to the law, the state prohibits work by children under the
age of 16 years.
School children sometimes were sent to work in factories or in the
fields for short periods to assist in completing special projects, such
as snow removal on major roads, or in meeting production goals.
Children were forced also to participate in cultural activities and,
according to academic reports, were subjected to harsh conditions
during mandatory training sessions. According to a South Korean press
report, the government required high school and college students to
participate in unpaid ``voluntary work,'' particularly rice-planting
efforts, during their vacation periods. According to a South Korean
NGO, in April students were forced to graduate early and join the
military. An international NGO reported that students at a middle
school in Soonchan, South Pyongan Province, were forced to work as
night security guards in the unheated building after new electronic
devices were stolen from the school.
e. Acceptable Conditions of Work.--No reliable data was 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. While education and medical care
technically remained free, educational materials and medicines appeared
available only for purchase in markets. Foreign observers who visited
the country reported that many factory workers regularly failed to go
to work, paying a bribe to managers to list them as present, so they
could engage in various trading and entrepreneurial activities instead.
The same source stated that many government factories were not
operating, primarily due to electricity shortages.
Class background and family connections could be as important as
professional competence in deciding who received particular jobs, and
foreign companies that have established joint ventures continued to
report that all their employees must be hired from registers screened
by the government.
The constitution stipulates an eight-hour workday; however, some
sources reported that laborers worked longer hours, perhaps including
additional time for mandatory study of the writings of Kim Il-sung and
Kim Jong-il. The constitution provides all citizens with a ``right to
rest,'' including paid leave, holidays, and access to sanitariums and
rest homes funded at public expense; however, the state's willingness
and ability to provide these services was unknown. Foreign diplomats
reported that workers had 15 days of paid leave plus paid national
holidays. Some persons were required to take part in mass events on
holidays, which sometimes required advance practice during work time.
Workers were often required to ``celebrate'' at least some part of
public holidays with their work units and were able to spend a whole
day with their families only if the holiday lasted two days.
Many worksites were hazardous, and the industrial accident rate was
high. The law recognizes the state's responsibility for providing
modern and hygienic working conditions. The penal code criminalizes the
failure to heed ``labor safety orders'' pertaining to worker safety and
workplace conditions only if it results in the loss of lives or other
``grave loss.'' In addition workers do not have an enumerated right to
remove themselves from hazardous working conditions.
Citizens suffered human rights abuses and labored under harsh
conditions while working abroad for North Korean firms and under
arrangements between the 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 April 2008 the
Grand National Party obtained a majority of National Assembly seats in
a free and fair election. Civilian authorities maintained effective
control of the security forces.
The government generally respected the human rights of its
citizens; however, there were problems in some areas. Women, persons
with disabilities, and minorities continued to face societal
discrimination. Rape, domestic violence, and child abuse remained
serious problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
Official figures indicated that hazing was a factor in many of the
356 suicides by military personnel since 2004.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits mistreatment of suspects, and officials
generally observed this prohibition in practice.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. The government
permitted monitoring visits by independent human rights observers, and
such visits occurred during the year.
In December 2008 the government passed the Act on Sentence
Execution and Treatment of Detainees, a new petition system that better
accommodates detainees who want to formally accuse prison officials of
abuse. The system provides detainees easier access to petition
procedures and assists with the petition process, whereas before,
petitioners had to submit their grievances directly to the Ministry of
Justice (MOJ) with limited support mechanisms. As of October, 449 such
petitions were submitted to the MOJ's Human Rights Violations Center.
Of those petitions, 166 were dismissed, 226 were referred to other
government offices, 31 were rejected, 23 had no action taken, and 53
were pending a decision. As of October there were 297 petitions
alleging human rights violations by detention facility officials. Of
those cases, 107 were withdrawn, 115 were rejected, and the remaining
75 were under investigation.
The MOJ reported the total of number of prisoners as of December
was 48,228. Of that total, 2,603 were female and 472 were juveniles.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions. However, the National Security Law (NSL) grants the
authorities powers to detain, arrest, and imprison persons who commit
acts the government views as intended to endanger the ``security of the
state.'' Nongovernmental organizations (NGOs) continued to call for
reform or abolishment of the law, contending that its provisions did
not define prohibited activity clearly. The MOJ maintained that the
courts had established legal precedents for strict interpretation of
the law that preclude arbitrary application. The number of NSL
investigations and arrests has dropped significantly in recent years.
During the year 34 persons were prosecuted for violating the NSL;
of those, 14 were convicted and 20 were awaiting trial. In 2008, 27
persons were prosecuted for alleged NSL violations. Of those, seven
were found guilty--two were serving prison sentences, and five received
suspended sentences and were on probation. The remaining 20 cases were
pending at year's end.
The secondary school teacher indicted in August 2008 for violating
the NSL by distributing banned material remained free on bail while
awaiting trial. During the year the MOJ reported dropping the portion
of the case related to the 1980 Kwangju uprising.
Four members of an NGO detained and charged in September 2008 with
illegal contact with Democratic People's Republic of Korea (DPRK or
North Korea) agents and distribution of North Korean press material for
the purpose of exalting DPRK leader Kim Jong-il were convicted during
the year. Two of the members were serving prison sentences, and two
members were given suspended sentences and probation. The NGO members
appealed the sentences and filed a defamation claim against the
government.
A university professor found guilty of violating the NSL in 2007
and sentenced to two years in jail had his sentence reduced to three
years of probation. He appealed the conviction; 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
(KNPA), and the government has effective mechanisms to investigate and
punish abuse and corruption.
On November 24, Amnesty International's secretary general called on
the government to put in place mechanisms to improve and monitor
policing. She highlighted the need for better police procedures for
responding to public protests and arresting/detaining migrant workers.
Local NGOs continued to assert that while hundreds of civilians
were convicted of violating the Assembly and Demonstration Act, no riot
police were prosecuted for allegedly abusing peaceful protesters.
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 the 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 persons who
voluntarily submit 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, but human rights lawyers stated that bail
generally was not granted for detainees who were charged with
committing serious offenses, might attempt to flee or harm a 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
generally observed a defendant's right to a lawyer. During both
detention and arrest periods, an indigent detainee may request that the
government provide a lawyer.
Access to family members during detention varied according to the
severity of the crime being investigated. There were no reports of
access to legal counsel being denied.
Amnesty.--According to the MOJ, the government granted a special
amnesty in August to approximately 1.5 million persons. Nearly all of
the pardons were related to driver's license restrictions.
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 government-held evidence
relevant to their cases. The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Political Prisoners and Detainees.--The MOJ stated that no persons
were incarcerated solely because of their political beliefs. The NGO
Mingahyup claimed that as of August, the government had imprisoned 129
persons for their political beliefs.
In April a riot police conscript was sentenced to two years in
prison for refusing to return to duty. He had ignored orders from his
superiors to use violence against protesters during the 2008 beef
protests.
The country requires military service for all men, although
mandatory service periods vary: 24 months for the army, 26 months for
the navy, and 27 months for the air force. The law does not protect
conscientious objectors, who can receive a maximum three-year prison
sentence. The MOJ has noted that the law does not distinguish
conscientious objectors from others who do not report for mandatory
military service. The MOJ reported that there were 5,136 cases of
Military Service Act violations, with 750 cases referred for trial and
2,123 cases settled out of court.
Watchtower International, a Jehovah's Witness organization that is
actively engaged in lobbying the government on this issue, reported
that as of April 1, there were 465 Jehovah's Witnesses and a handful of
others serving an average of 14 months in prison for conscientious
objection to military service.
During the year the Ministry of National Defense (MND) announced
that it would not pursue the introduction of alternative service for
conscientious objectors. The ministry cited a lack of public support as
the primary reason for its decision; an MND-sponsored poll found that
68 percent of the respondents opposed instituting alternative service,
but an independent poll taken about the same time found that only 39
percent were opposed. Meanwhile, the Jehovah's Witnesses reported that
courts increasingly were sympathetic to conscientious objectors. In
September 2008 a district court asked the Constitutional Court to
review again the constitutionality of the Conscription Law. The request
remained pending approval. The court ruled in 2002 and 2004 that the
law is constitutional.
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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice. Some human rights
groups raised concerns about possible government wiretapping abuse. The
law establishes 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
wiretappings increased from 608 in 2008 to more than 799 as of July.
The government continued to require some released prisoners to
report regularly to the police in accordance with the Security
Surveillance Act.
The NSL forbids citizens from listening to North Korean radio in
their homes or reading books published in the DPRK if the government
determines that the action endangers national security or the basic
order of democracy in the country. However, this prohibition was rarely
enforced, and 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.
However, under the NSL the government may limit the expression of ideas
that praise or incite the activities of antistate individuals or
groups.
In September Reporters without Borders reported that four producers
and one writer from the Munwha Broadcasting Corporation's PD Notebook
program were arrested and charged with spreading false rumors about the
alleged health risks of eating U.S. beef. The trial was ongoing at
year's end.
Internet Freedom.--The government blocked violent, sexually
explicit, and gambling-oriented Web sites and required site operators
to rate their site as harmful or not harmful to youth, based on
telecommunications laws that ban Internet service providers from
offering information considered harmful to youth. The government also
continued to block DPRK Web sites.
The law requires identity verification in order to post messages to
Web sites with more than 300,000 visitors per day.
According to 2008 Organization for Economic Cooperation and
Development data, 95 percent of households had access to the Internet
through broadband connections. The International Telecommunication
Union reported that 76 percent of inhabitants used the Internet in
2008. In addition to Internet access from home, public Internet rooms
were widely available and inexpensive.
NGOs from the Korean Network for International Human Rights and the
Korea Press Consumerism Organization stated there was a significant
increase in the enforcement of regulations on online speech, including
criminal punishment for false communication, defamation, and other
violations for online writers, particularly related to the 2008
protests against U.S. beef imports.
In January the blogger ``Minerva'' was arrested on charges of
adversely affecting foreign exchange markets and ``undermining the
nation's credibility'' by posting false information on a blog.
``Minerva'' was acquitted in April. The National Human Rights
Commission (NHRC) asked the government to review the constitutionality
of the law used to arrest the blogger.
The MOJ confirmed that the government convicted 15 online bloggers
for interfering with local business after encouraging users to boycott
the country's top newspapers and that more cases were awaiting trial at
year's end. All postings related to the boycott were deleted.
Academic Freedom and Cultural Events.--There were generally no
government restrictions on academic freedom or cultural events.
The law bans education workers from engaging in certain political
activities. Offenders can serve up to one year in jail and be fined a
maximum of 3.6 million won (approximately $3,000).
The Ministry of Education, Science, and Technology prosecuted 96
teachers and 14 government employees from Gyeonggi Province for signing
antigovernment petitions and unionizing. In December the head of
education for the province was prosecuted for a breach of duty after
attempting to postpone the punitive measures brought against the
teachers. During the year one of the officials was convicted; the other
trials were pending.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the government
generally respected this right in practice. The law prohibits
assemblies that are considered likely to undermine public order and
requires police to be notified in advance of demonstrations of all
types, including political rallies. The police must notify organizers
if they consider an event impermissible under this law; however, police
routinely approved demonstrations. The police reportedly banned some
protests by groups that had not properly registered or that had been
responsible for violent protests in the past. NGOs reported that police
continued to use excessive force in responding to protests.
In January five squatters and one policeman were killed in a
building fire in the Yongsan commercial zone. Local media and NGOs
alleged that a police SWAT team used excessive force and neglected to
take proper safety precautions while trying to remove 40 protesting
squatters from the building.
The MOJ confirmed that none of the 24 riot police accused of
excessive violence during the 2008 beef protests were arrested; 16
cases remained under investigation.
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.--The law provides for freedom of religion,
and the government generally respected this right in practice.
Societal Abuses and Discrimination.--There is a small Jewish
population that consists almost entirely of expatriates. There were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Most citizens could move freely
throughout the country; however, government officials restricted the
movement of certain DPRK defectors by denying them passports. In 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.
In September NGO leaders reported that Dolksun Isa, secretary
general of the World Uighur Congress, was detained at Incheon airport
for 42 hours, allegedly at China's request. Although he was later
released and safely returned home, the government prohibited Isa from
entering the country and attending an NGO conference in Seoul, as he
had initially planned. MOJ officials emphasized that Isa was denied
entry under the immigration law, not for political reasons.
The law does not include provisions for forced exile of its
citizens, and the government did not employ it.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 protocol.
Its law provides for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. The government routinely did not grant refugee status or
asylum. In practice the government generally provided protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
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.'' During the year the government
recognized 22 asylum applicants as refugees, dismissed 203 cases, and
rejected 994 applicants. A complex procedure and long delays in refugee
status decision making continued to be problems. At year's end
approximately 523 applications were pending decisions. Asylum seekers
who were recognized as refugees received basic documentation but
frequently encountered problems in exercising their rights. Like other
foreigners, refugees frequently were subjected to various forms of
informal discrimination.
In May local NGOs reported that a female Muslim refugee applicant
requested to be interviewed by a female asylum officer but was told
that the male officer who interviewed her husband also had to interview
her. After she and her husband refused due to their religious beliefs,
she was asked to sign a form stating that she did not want an
interview, thus relinquishing her right to apply for refugee status.
Local NGOs reported that asylum seekers often faced challenges
accessing legal assistance because of language barriers. In addition,
immigration detention is not subject to judicial review, often leading
to arbitrary and prolonged detention. For example, at year's end an
Iranian national whose appeal was rejected by the Supreme Court had
been in detention for almost four years.
The government continued its longstanding policy of accepting
refugees from the DPRK, who are entitled to ROK citizenship. The
government resettled 2,952 North Korean 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 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. There were 41
women in the 299-seat National Assembly, with three of 16 National
Assembly committees chaired by women. Two of 13 Supreme Court justices
and two of 15 cabinet ministers were women.
There were no minorities in the National Assembly.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. The Korea
Independent Commission Against Corruption stated that the overall
``cleanliness level'' of the government for 2008 was 8.17 out of 10
points, a slight decrease from 8.89 in 2007. There were reports of
officials receiving bribes and violating election laws. According to
the MOJ, 4,067 government officials were prosecuted for abuse of
authority, bribery, embezzlement or misappropriation, and falsification
of official documents. The National Assembly reported that out of the
250 lawmakers facing indictment, 15 lawmakers were prosecuted for
corruption and 12 were awaiting trial.
By law public servants above a certain rank must register their
assets, including how they were accumulated, thereby making their
holdings public. Among the anticorruption agencies are the Board of
Audit and Inspection and the Public Servants Ethics Committee. In
February 2008 the Korea Independent Commission Against Corruption,
Ombudsman of Korea, and Administrative Appeals Commission were
integrated to form the Anti-Corruption and Civil Rights Commission.
The country has a Freedom of Information Act; in practice the
government granted access for citizens and noncitizens alike, including
foreign media.
Section 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 government
also was cooperative with international organizations. For example, UN
Under-Secretary General for Economic and Social Affairs Sha Zukang
visited in September, and UN Special Rapporteur for Freedom of Opinion
and Expression Frank La Rue visited in October. In addition Amnesty
International Secretary General Irene Khan visited in November.
The NHRC is an independent government body established to protect
and promote human rights; however, it has no enforcement powers and its
decisions are not binding. The NHRC investigates complaints, issues
policy recommendations, and conducts education campaigns. The NHRC
largely has enjoyed the government's cooperation, received adequate
resources, and was considered effective.
The Truth and Reconciliation Commission (TRC) continued to
investigate incidents of possible abuse during the anti-Japanese
independence movement, the Korean War, and during the country's former
military regimes. As of September the TRC had confirmed 4,387 cases of
human rights abuses, 50 incidents of mass killings and located 168 mass
graves during its investigation process. Local NGOs expressed concern
that the government may not extend the TRC's mandate, which expires in
April 2010. On November 26, the TRC claimed that ROK security forces
rounded up and executed at least 4,934 individuals suspected of being
Communists between June and September 1950, during the opening weeks of
the Korean War. The TRC recommended that the government offer an
official apology and enact legislation to provide compensation for the
alleged killings.
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 generally
respected these provisions. However, traditional attitudes limited
opportunities for women, persons with disabilities, and ethnic
minorities. While courts have jurisdiction to decide discrimination
claims, many of these cases instead were handled by the NHRC. During
the year, 1,115 such cases were brought before the commission.
Women.--Rape remained a serious problem. Although there is no
specific statute that defines spousal rape as illegal, the courts have
established a precedent by prosecuting spouses in such cases. The MOJ
stated that there were 8,746 reports of rape or sexual violence during
the year. Of these cases, 3,858 were prosecuted during the year. 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.
Violence against women remained a problem. During the year the MOJ
registered 12,132 cases of domestic violence, and 1,262 persons were
prosecuted, while 4,579 were filed as family protection cases and 6,215
were not charged. According to a Ministry of Gender and Equality (MOGE)
survey, approximately 40 percent of all married women were victims of
domestic violence. The law defines domestic violence as a serious crime
and enables authorities to order offenders to stay away from victims
for up to six months. Offenders can be sentenced to a maximum five
years in prison and fined up to seven million won (approximately
$5,985). Offenders also may be placed on probation or ordered to see
court-designated counselors. The law also requires police to respond
immediately to reports of domestic violence, and they generally were
responsive.
Prostitution is illegal but widespread. The police continued to
crack down on alleged prostitution-related establishments. The
government allows for the prosecution of citizens who pay for sex or
commit acts of child sexual exploitation in other countries. The Act on
the Prevention of the Sex Trade and Protection of Victims Thereof,
which entered into effect in September 2008, further stipulates that
the MOGE complete a report every three years on the status of domestic
prostitution in addition to the involvement of citizens in sex tourism
and the sex trade abroad. NGOs continued to express concern that sex
tourism to China and Southeast Asia was becoming more prevalent.
The law obligates companies and organizations to take preventive
measures against sexual harassment, but it continued to be a problem.
The NHRC received 165 cases of alleged sexual harassment during the
year. According to the NHRC, remedies included issuance of a
recommendation for redress, conciliation, mutual settlement, and
resolution during investigation. The NHRC lacks the authority to impose
punitive measures, which must be pursued through the court system.
The law allows couples and individuals to decide freely the number,
spacing, and timing of their children. The Ministry of Gender and
Equality reported that there was a strong reluctance to have children
due to the high cost of childrearing and the challenges of balancing
work-life commitments. Under the Standard Act on Low Birth and Aging
Society passed in 2005, the government established various polices to
encourage persons to have children, such as medical subsidies for
pregnant women, maternity leave for a maximum of one year, and
profamily workplace programs.
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
remarried women to change their children's family name to their new
husband's name. Women enjoy the same legal rights under the
constitution as men.
The Ministry of Labor (MOL) reported that 42 percent of newly
created jobs in the financial services sector during 2008 were filled
by women. In a national poll conducted by the MOL from April through
July, 82 percent of the respondents stated that gender discrimination
had decreased over recent years. However, 47 percent of those polled
stated that discrimination in the workplace remained a problem.
The number of woman in entry-level civil service positions and new
diplomatic positions continued to increase. However, women continued to
experience pay discrimination for substantially similar work. The MOGE
reported that there were a growing number of companies choosing not to
hire women because the law requires that they receive maternity leave.
Women returning to work after maternity leave often were assigned to
low-level, low-paying jobs. Relative to men few women worked in
managerial positions or earned more than a median income.
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
(approximately $4,275).
Children.--Citizenship is based on parentage (jus sanguinis), not
place of birth, and persons must demonstrate their family genealogy as
proof of citizenship. Citizenship is also given in circumstances where
parentage is unclear if a person is stateless. The government allows
anyone 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.
From January through December 2008, a total of 7,219 child abuse
cases were reported to the Ministry for Health, Welfare and Family
Affairs. The MOGE maintained four centers that provided counseling,
treatment, and legal assistance to child victims of sexual violence.
The law establishes a minimum sentence of 25 years for the
brokerage and sale of the sexual services of persons younger than 19.
It also establishes prison terms for persons convicted of the purchase
of sexual services of youth under age 19. The Ministry for Health,
Welfare, and Family Affairs publicizes the names of those who commit
sex offenses against minors. The law provides for prison terms of up to
three years or a fine of up to 20 million won (approximately $17,100)
for owners of entertainment establishments who hire persons under 19.
The commission's definition of ``entertainment establishment'' includes
facilities such as restaurants and cafes where children work as
prostitutes.
The minimum age for consensual sex is 13 years of age. The law
stipulates that punishment for statutory rape of a minor and the sex
trafficking of a minor be a maximum of three years in prison and/or a
2.4 million won fine (approximately $20,000); however, the MOJ reported
that the punishment for such cases varied.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, from, through, and within the country. Women from Russia, other
countries of the former Soviet Union, China, Mongolia, the Philippines,
and other Southeast Asian countries were trafficked to the country for
sexual exploitation and domestic servitude. They were recruited
personally or answered advertisements and were flown to Korea, often
with entertainer or tourist visas. Some female workers on E-6
(entertainment) visas, who were recruited as singers, were trafficked
by their employers/managers and effectively detained by their
employers.
An increasing challenge was the number of women from less-developed
countries recruited for marriage to Korean men through international
marriage brokers. Some, upon arrival in the country, were subjected to
sexual exploitation, debt bondage, and involuntary servitude. In some
instances, once these visa recipients arrived in the country, employers
illegally held victims' passports.
Local women were trafficked primarily for sexual exploitation to
the United States, sometimes through Canada and Mexico, as well as to
other countries such as Australia and Japan. Labor trafficking
continued to be a problem, and some employers allegedly withheld the
passports and wages of foreign workers. Migrants seeking opportunities
in the country were believed to have become victims of trafficking as
well. The MOL's Employment Permit System (EPS) was used to reduce the
role of private labor agencies and recruiters, who may have employed
exploitative practices. Nevertheless, some migrant workers continued to
incur large debts to pay exorbitant broker fees for work in the
country. Migrant workers' residence status was tied to their position
with their employers, which in some cases exposed them to exploitation
and abuse. There were reports that human traffickers illegally used ROK
passports for the purpose of human trafficking. There was no evidence
that officials were involved in trafficking.
The law prohibits trafficking for the purpose of commercial sexual
exploitation, including debt bondage, and prescribes up to 10 years'
imprisonment. Trafficking for forced labor is criminalized and carries
penalties of up to five years' imprisonment. February 2008 revisions to
the Passport Act allow for restricted issuance or confiscation of
passports of persons engaging in illegal activity overseas, including
sex trafficking. However, some NGOs believed laws against sex
trafficking were not being enforced effectively. During the year
authorities reportedly conducted 220 trafficking investigations and
prosecuted 31 cases, all for sex trafficking. It was unclear, however,
how many of these actually were trafficking cases, since the laws used
to prosecute traffickers were also used to prosecute other crimes, and
the government does not document adequately the number of trafficking
cases. There were no reported prosecutions or convictions for labor
trafficking offenses.
The Marriage Brokerage Management Act, which entered into effect in
June, regulates both domestic and international marriage brokers and
prescribes penalties for dishonest brokers, including sentences of up
to three years' imprisonment or fines. There also are laws to protect
foreign brides in the country and punish fraudulent marriage brokers,
but NGOs claimed the laws needed to be strengthened.
The KNPA and the MOJ were principally responsible for enforcing
antitrafficking laws. The government worked with the international
community on investigations related to trafficking.
The government maintained a network of shelters and programs to
assist victims of abuse, including trafficking victims. Victims also
were eligible for medical, legal, vocational, and social support
services. NGOs with funding from the government provided many of these
services. NGOs reported that there was only one counseling center and
two shelters in the country dedicated to foreign victims of sex
trafficking, although these victims could access services through other
government-funded centers. The MOJ continued to educate male ``johns''
in an attempt to correct distorted views of prostitution. Some NGOs
criticized the fact that women detained for prostitution occasionally
were required to attend these rehabilitation seminars along with the
male clients. During the year 17,956 individuals participated in the
MOJ education program.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--In April 2008 the Anti-Discrimination
Against and Remedies for Persons with Disabilities Act (DDA) took
effect. The DDA adopts a definition of discrimination encompassing
direct discrimination, indirect discrimination, and denial of due
conveniences, and it establishes penalties for deliberate
discrimination of up to three years in prison and 30 million won
(approximately $25,650). The government, through the Ministry for
Health, Welfare, and Family Affairs, initiated a five-year plan to
implement a comprehensive set of policies, took measures to make homes
barrier free, provided part-time employment, established a task force
to introduce a long-term medical care system, and opened a national
rehabilitation research center to increase opportunities and access for
persons with disabilities. During the year the NHRC received 698 cases
of alleged discrimination against persons with disabilities in areas
such as employment, property ownership, and access to educational
facilities.
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 do not hire persons with
disabilities. Nevertheless, the hiring of persons with disabilities
remained significantly below target levels, although government
officials contended that the employment rate of disabled persons was
increasing.
National/Racial/Ethnic Minorities.--The country is racially
homogeneous, with no sizable populations of ethnic minorities.
Naturalization required detailed applications, a waiting period, and a
series of investigations and examinations. Persons seeking Korean
citizenship who are unable to satisfy citizenship requirements through
naturalization, family genealogy, place of birth, or statelessness are
considered foreign.
The Korea Women Migrants' Human Rights Center confirmed that the
government made it easier for foreign wives to obtain citizenship by
reducing from four to two the number of years required before a foreign
wife is eligible for citizenship. The Korean Immigration Service
implemented a written examination for naturalization that reduced the
overall waiting period during the screening process by approximately
one year. Immigration statistics showed that the number of
naturalizations more than doubled from 11,518 cases in 2008 to 24,044
cases during the year.
The local media reported an increase during the year in the number
of racially motivated offenses in the country, which has long prided
itself on its racial homogeneity, as the number of foreign migrant
workers and foreign English-language teachers continued to grow. In
November there were reports of local women being harassed for traveling
with, dating, or marrying foreign men. There also were reports of
employment discrimination against African-American teachers, mixed-race
children, and Korean-Americans.
Local NGOs and the media also reported that North Korean refugees,
although supported through government-funded resettlement programming,
also faced discrimination.
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 societal
discrimination persisted. In November 2008 a military court asked the
Constitutional Court to rule on the constitutionality of rules
prohibiting sexual activity between male military personnel. At year's
end the court had not issued a ruling.
The law does not have specific legislation regarding discrimination
or violence against lesbians, gays, bisexuals, and transgenders
(LGBTs). The MOJ reported that the equality principles under article 11
of the constitution apply to LGBTs. The government punished
perpetrators of violence against LGBTs according to the law. There were
no cases of discrimination against LGBTs reported during the year.
Other Societal Violence or Discrimination.--The NHRC reported there
were 347 employment discrimination cases filed in 2008. Despite
cultural respect for the elderly, there were 83 reports of age
discrimination and 85 cases of sexual harassment in the workplace.
Some observers claimed that persons with HIV/AIDS suffered from
severe societal discrimination and social stigma.
The law ensures equal access to diagnosis and treatment of sexually
transmitted diseases and infections, including HIV/AIDS, regardless of
gender. It also protects the confidentiality of persons with HIV/AIDS
and protects individuals from discrimination. The government supported
rehabilitation programs and shelters run by private groups and
subsidized medical expenses from the initial diagnosis. The government
operated a Web site with HIV/AIDS information and a telephone
counseling service.
The NHRC reported that during the year an HIV/AIDS patient was
refused treatment at a local hospital. That patient was later given
treatment by a national hospital. The NHRC recommended that the
government take steps to guarantee the medical rights of HIV/AIDS
victims to ensure that such incidents are avoided.
According to a report by an international NGO, the government
continued to require HIV testing for foreigners applying for an E-1
(teaching) visa. The report, citing the Korean Center for Disease
Control and Prevention, also noted that 521 of 647 foreigners diagnosed
with HIV had been forced to leave the country.
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. The government and labor unions continued to postpone the
implementation of the 1997 law that authorizes union pluralism.
The ratio of organized labor in the entire population of wage
earners in 2008 was approximately 11 percent. The country has two
national labor federations: the Korean Confederation of Trade Unions
(KCTU) and the Federation of Korean Trade Unions (FKTU). There are an
estimated 4,886 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 MOL reported that approximately 1.7 million of
the country's 15.8 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 MOL generally operated without government
interference.
By law unions must submit a request for mediation to the Labor
Relations Commission before a strike; otherwise, the strike is
considered illegal. In most cases the mediation must be completed
within 10 days; in the case of essential services, within 15 days.
Strikes initiated following this period without majority support from
union membership are illegal. Striking is also prohibited in cases in
which a dispute has been referred to binding arbitration. 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 were not allowed to
strike. In addition, if striking employees resort to violence, unlawful
occupation of premises, or damaging 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 and/or
participate in illegal activities can be prosecuted under the criminal
code on charges of ``obstruction of business.'' Striking workers can be
removed by police from the premises and, along with union leaders,
prosecuted and sentenced.
In March Amnesty International reported that four journalists and
union activists from YTN, a 24-hour news channel, were arrested for
``interfering with business'' for organizing a strike over wage
disputes and government interference with the media. The MOJ reported
that the journalists were arrested but later released. In December a
court fined the journalists and unionists approximately six million won
(approximately $50,000) for the strike.
Local media and NGOs reported that the police prevented the
delivery of food, water, and medical treatment to 800 union workers who
physically occupied a Ssangyong auto plant during a strike against
layoffs that were being planned by the bankrupt company. The media
reported that police helicopters dropped liquefied tear gas on the
workers, conducted surveillance, and allowed the company to play
extremely loud music on speakers throughout the day and night in an
attempt to stop the strike. MOJ officials contended that while the
incident was ``unfortunate,'' the decision to ban food and play loud
music was made by the company, not the police. MOJ officials also
underscored that the strike was illegal because it was not related to
labor conditions and resulted in millions of dollars in property
damage. According to the MOJ, of the 94 protesters that were charged in
connection with the strike, 72 were fined and the rest were awaiting
trial.
In June KCTU President Lee Suk-haeng was convicted and sentenced to
two years' imprisonment and three years probation for ``obstruction of
business'' in connection with his role organizing a general strike in
July 2008 to protest government plans to resume foreign beef imports.
At year's end his case was pending in appeals court.
The law prohibits retribution against workers who conduct a legal
strike and allows workers to file complaints of unfair labor practices
against employers.
The system requiring labor unions in enterprises determined to be
of essential public interest to submit to government-ordered
arbitration was abolished legally in 2006. Strikes are prohibited for
both central and local government officials.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to collective bargaining and collective action,
and workers exercised these rights in practice. The law also empowers
workers to file complaints of unfair labor practices against employers
who interfere with union organizing or who discriminate against union
members. Employers found guilty of unfair practices can be required to
reinstate workers fired for union activities. According to the ITUC,
employers in some cases levied ``obstruction of business'' charges
against union leaders who were seeking to bargain collectively or
engage in lawful union activities.
The law permits public servants to organize trade unions and
bargain collectively, although it restricts the public service unions
from collective bargaining on topics such as policy-making issues and
budgetary matters.
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. For example, foreign-invested enterprises
are exempt from provisions that mandate paid leave and paid
menstruation leave for women, 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 protects children from exploitation in the workplace and prohibits
forced or compulsory labor, and the government effectively enforced
these laws through regular inspections. Child labor was not considered
a problem.
The Labor Standards Law prohibits the employment of persons under
age 15 without a special employment certificate from the MOL. Because
education is compulsory through middle school (approximately age 15),
few special employment certificates were issued for full-time
employment. To obtain employment, children under age 18 must obtain
written approval from either parents or guardians. Employers must limit
minors' overtime hours and are prohibited from employing minors at
night without special permission from the MOL.
e. Acceptable Conditions of Work.--The minimum wage is reviewed
annually. During the year the minimum wage was 4,000 won (approximately
$3.40) per hour. The FKTU and other labor organizations asserted that
the existing minimum wage did not meet the basic requirements of urban
workers.
Persons working in the financial/insurance industry, publicly
invested companies, state corporations, and companies with more than 20
employees work a five-day, 40-hour week. Labor laws mandate a 24-hour
rest period each week and provide for a flexible hours system under
which employers can require laborers to work up to 48 hours during
certain weeks without paying overtime (and 52 with approval from the
relevant labor union) so long as average weekly hours for any given
two-week period do not exceed 40 hours. If a union agrees to a further
loosening of the rules, management may ask employees to work up to 56
regular hours in a given week. Workers may 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 Korea Occupational Safety and Health Agency (KOSHA) is
responsible for implementing industrial accident prevention activities.
The government sets health and safety standards, but the accident rate
was high by international standards. During the year there were 1,059
fatalities from industrial accidents. During the year KOSHA established
a Process Safety Management System to assist petrochemical factories
vulnerable to large-scale accidents, conducted safety checks on
dangerous machinery and equipment, and subsidized working environment
improvements in small and medium-sized enterprises.
Contract and other ``nonregular'' workers accounted for a
substantial portion of the workforce. According to the government,
there were approximately 5.7 million nonregular workers, comprising
approximately 35 percent of the total workforce. The MOL reported that
in general nonregular workers performed work similar to regular workers
but received approximately 87 percent of the wages of regular workers.
In addition 53 percent of nonregular workers were ineligible for
national health and unemployment insurance and other benefits, compared
with 6 percent 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. However, labor groups alleged that employers used a loophole in
the law to avoid their obligation to hire part-time workers as regular
workers after the two-year time limit.
The MOL reported that the total number of illegal foreign workers
was estimated to be approximately 9,200.
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 in certain industries only and have limited job
mobility but generally enjoy the same rights and privileges as
citizens, including the right to organize. Foreign workers are limited
in their freedom to change jobs. Before changing jobs, the employee's
place of work must close down or the worker must have proof of physical
abuse by the employer. Unless the MOJ grants an extension on
humanitarian grounds, workers lose their legal status if they do not
find a new employer within two months.
In September the National Assembly passed amendments to the EPS Act
to strengthen human rights protections for foreign workers. The
amendments allow more flexibility in the length of contracts, ensure
that job changes that are not the fault of migrant workers are excluded
from their three allowable job changes, and increase from two to three
months the allowable time in between contracts.
During the year 63,323 foreigners entered the country under the
EPS. The government implemented a variety of social services and legal
precedents to address complaints about the working conditions of
foreigners. In April local authorities implemented a variety of
programs to ease the difficulties of living and working in the country,
including free legal advice programs, free translation services, and
the establishment of several ``human rights protection centers for
foreigners.'' In July the MOL announced improved health measures that
allow migrant workers to receive health checkups in their native
language.
In December local authorities approved a request from five foreign
lecturers to form a union in the country. Past attempts by foreign
migrant workers to unionize had been denied because of their desire to
include nondocumented workers in their membership. Local human rights
groups complained that the EPS system does not ensure equal rights to
migrant workers, alleging that fear of reprisals, limited employment
alternatives, and cumbersome grievance processes limited their ability
to exercise their rights and increased their vulnerability to
exploitation.
In an October review of the migrant worker situation, Amnesty
International reported that despite ``considerable progress made in the
management of migrant labor, first by providing migrant workers regular
status as trainees and second by protecting them under labor laws as
workers...migrant workers in South Korea are still subjected to human
rights violations and exploitative practices.''
NGOs and local media reported that irregular workers were at a
greater risk for discrimination because of their status and 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 MOJ reported that, as of October, foreign workers filed 8,074
complaints related to unpaid wages.
Foreign workers employed as language teachers continued to complain
that the institutes for which they worked frequently violated
employment contracts. However, employers countered that there were a
large number of foreign teachers who did not fully honor their work
contracts.
__________
LAOS
The Lao People's Democratic Republic, with a World Bank-estimated
population of 6.3 million, 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. The LPRP generally
maintained effective control of the security forces.
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, especially women and girls for
prostitution, remained a problem, as did discrimination against ethnic
minorities. Workers' rights were restricted.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of politically motivated killings by the government
or its agents. There were reports that occasional action by military
units against small insurgent groups in Vientiane and Xieng Khouang
provinces, including the former Saisomboun Special Zone, resulted in a
limited but unknown number of deaths and injuries.
There were no developments in the cases of persons allegedly killed
by the military or police in previous years.
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, especially those suspected of association with the
insurgency.
Detainees sometimes were subjected to beatings and long-term
solitary confinement in completely darkened rooms, and in many cases
they were detained in leg chains or wooden stocks for long periods.
Former inmates reported that degrading treatment, the chaining and
manacling of prisoners, and solitary confinement in small unlit rooms
were standard punishments in larger prisons, while smaller provincial
or district prisons employed manacles and chains to prevent prisoners
from escaping.
Prison and Detention Center Conditions.--Prison conditions varied
widely but in general were harsh and occasionally life threatening.
Prisoners in larger, state-operated facilities in Vientiane generally
fared better than those in provincial prisons. Food rations were
minimal, and most prisoners relied on their families for subsistence.
Most of the larger facilities allowed prisoners to grow supplemental
food in small vegetable gardens, although there were periodic reports
that prison guards took food from prisoners' gardens. Prison wardens
set prison visitation policies. Consequently, in some facilities
families could make frequent visits, but in others visits were severely
restricted.
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 device and against perceived problem prisoners; however,
there were fewer reports of its use during the year. Although most
prisons had some form of clinic, usually with a doctor or nurse on
staff, medical facilities were extremely poor, and medical treatment
for serious ailments was unavailable. In some facilities prisoners
could arrange treatment in outside hospitals if they could pay for the
treatment and the expense of police escorts.
Prisons held both male and female prisoners, but they were placed
in separate cells. In some prisons juveniles were held with adult
prisoners, although there were no official or reliable statistics
available. Most juveniles were in detention for narcotics offenses or
petty crimes. Rather than send juveniles to prisons, authorities used
drug treatment facilities as holding centers for juvenile offenders.
While conditions in treatment facilities were generally better than
those in prisons, conditions were nevertheless Spartan, and lengths of
detention were indefinite.
The government did not permit regular independent monitoring of
prison conditions. The government continued to deny the request of the
International Committee of the Red Cross (ICRC) to establish an
official presence in the country to monitor prison conditions. The
government at times provided foreign diplomatic personnel access to
some prisons, but such access was strictly limited.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, in practice the government did not
respect these provisions, and arbitrary arrest and detention persisted.
Role of the Police and Security Apparatus.--The Ministry of Public
Security (MoPS) maintains internal security but shares the function of
state control with the Ministry of Defense's security forces and with
the LPRP and the LPRP's popular front organizations. The MoPS includes
local police, traffic police, immigration police, security police
(including border police), and other armed police units. Communication
police are responsible for monitoring telephone and electronic
communications. The armed forces have domestic security
responsibilities that include counterterrorism and counterinsurgency as
well as control of an extensive system of village militias.
Impunity remained a problem, as did police corruption. Many police
officers used their authority to extract bribes from citizens. Corrupt
officials reportedly were rarely punished. Police are trained at the
National Police Academy, but the extent to which the academy's
curriculum covered corruption was unknown. 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
develop a national strategy to strengthen law enforcement and deal with
increased drug trafficking and abuse as well as related crime and
police corruption. During the year the government approved the National
Drug Control Master Plan and began implementing its provisions.
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. There were reports that
military forces occasionally detained persons suspected of insurgent
activities.
There is a one-year statutory limit for detention without trial.
The length of detention without a pretrial hearing or formal charges is
also limited to one year. The Office of the Prosecutor General (OPG)
reportedly made efforts to ensure that all prisoners were brought to
trial within the one-year limit, but the limit sometimes was ignored.
The OPG must authorize police to hold a suspect pending investigation.
Authorization is given in three-month increments, and a suspect must be
released after a maximum of one year if police do not have sufficient
evidence to bring charges. There is a bail system, but its
implementation was arbitrary. Prisoner access to family members and a
lawyer was not assured, and incommunicado detention remained a problem.
Authorities sometimes 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. There
were no reports that police administratively overruled court decisions
by detaining exonerated individuals.
There were no known developments in the cases of nine persons, all
male heads of families from Vientiane Province detained in mid-2007 on
unknown charges, who had been in custody in Thong Harb Prison.
e. Denial of Fair Public Trial.--The law provides for the
independence of the judiciary. 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,'' and
the November NA session removed three.
The people's courts have three levels: district and provincial,
appeals, and supreme. There is also a commercial court, family court,
military court, and juvenile court. Decisions of the lower courts are
subject to review by the Supreme People's Court (SPC), but military
court decisions are not.
In November the NA reorganized the district court system into zonal
courts, reducing the number of courts to 39. All were operational at
year's end.
Trial Procedures.--Juries are not used. Trials that involve certain
criminal laws relating to national security, state secrets, children
under the age of 16, or certain types of family law are closed. The law
provides for open trials in which defendants have the right to defend
themselves with the assistance of a lawyer or other persons. Defense
attorneys are provided at government expense only in cases involving
children, cases 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.
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.
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.
Defendants have the right of appeal.
All of the country's judges were LPRP members. Most had only basic
legal training, and many provincial and district courts had few or no
reference materials available for guidance. The NA's Legal Affairs
Committee occasionally reviewed 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. Sing
reportedly was very ill, but the government prevented regular access to
him and ignored numerous requests to release him on humanitarian
grounds. At least two persons, Thongpaseuth Keuakoun and Seng-aloun
Phengboun, arrested in 1999 for attempting to organize a prodemocracy
demonstration, continued to serve 10-year sentences for antigovernment
activities. Authorities allowed families to visit them, but no
humanitarian organization had regular access to them.
According to former prisoners, 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. According to credible
reports, other persons were arrested, tried, and convicted under laws
relating to national security that prevent public court trials, but
there was no reliable method to ascertain their total number. In
November the government reportedly detained nine individuals traveling
to the capital for a protest.
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, reported
``undesirable elements'' to police, and provided security against
insurgents in remote rural areas. Members of the LPRP's front
organizations, including the Lao Women's Union (LWU), the Youth Union,
and the Lao Front for National Construction (LFNC), also played a role
in monitoring 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. There also were some reports of force used. 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, disease, and death. 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 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.
Unlike in previous years, 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.
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 nonbusiness users depended on
Internet cafes located chiefly in the larger urban areas. Citizen users
are required to register with the authorities, which may have caused
some to self-censor their Internet behavior. The International
Telecommunication Union reported that Internet users numbered
approximately 2 percent of the country's inhabitants in 2008.
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. The government exercised
control, via requirements for exit stamps and other mechanisms, over
the ability of state-employed academic professionals to travel for
research or obtain study grants, but it actively sought such
opportunities worldwide and approved virtually all such proposals.
The government required films and music recordings produced in
government studios to be submitted for official censorship; however,
uncensored foreign films and music were available in video and compact
disc formats. The Ministry of Information and Culture repeatedly
attempted to impose restrictions aimed at limiting the influence of
Thai culture in Lao music and entertainment, but these restrictions
were widely ignored and appeared to have little effect.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
government restricted this right in practice. The law prohibits
participation in demonstrations, protest marches, or other acts that
cause ``turmoil or social instability.'' Participation in such acts is
punishable by prison terms of one to five years (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 October allows the
registration of nonprofit civil 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. No organization completed the application process
by year's end.
c. Freedom of Religion.--The constitution provides for freedom of
religion and notes that the state ``mobilizes and encourages'' Buddhist
monks and novices as well as priests of other religions to participate
in activities ``beneficial to the nation and the people.'' In most
areas officials generally respected the rights of members of most
religious groups to worship, albeit within strict government-imposed
constraints. The constitution prohibits ``all acts of creating division
of religion or creating division among the people.'' The LPRP and the
government used this to justify restrictions on religious practice by
all religious groups, including the Buddhist majority and animists.
Official pronouncements acknowledged the positive benefits of religion,
but they also emphasized its potential to divide, distract, or
destabilize.
Although the state was secular, the LPRP and the government
supported Theravada Buddhism, which was followed by more than 40
percent of the population. The government provided support for and
oversight of temples and other facilities and promoted Buddhist
practices, giving Buddhism an elevated status among the country's
religions.
The government officially recognizes four religions: Buddhism,
Christianity, Islam, and the Baha'i Faith. Recognized Christian groups
included the Catholic Church, the Lao Evangelical Church (LEC), and the
Seventh-day Adventist Church. The LFNC refused to recognize
congregations, such as the Methodists, that operated independently.
Decree 92 on Religious Practice defines rules for religious
practice and institutionalizes the government as the final arbiter of
permissible religious activities. The LFNC is responsible for oversight
of religious practice. The majority of provincial, district, and local
officials reportedly lacked full understanding of the decree.
Authorities, particularly at the local level in some provinces, used
its many conditions to restrict some aspects of religious practice.
Many minority religious leaders complained that Decree 92, which
intends among other things to permit activities such as proselytizing
and printing religious material, was too restrictive in practice. They
maintained that the requirement to obtain permission, sometimes from
several offices, for a broad range of activities greatly limited their
freedom.
The LFNC often sought to intervene with local governments in cases
where minority religious practitioners, particularly Christians, had
been harassed or mistreated. The LFNC reportedly became more proactive
about solving problems by educating persons to respect the law as well
as by training local officials to respect religious believers and to
understand Decree 92 better.
The government's tolerance of religion, particularly Christianity,
varied by region. In most areas, members of long-established
congregations had few problems practicing their faith. Authorities in
some areas sometimes advised new congregations to join the LEC, despite
clear differences between the groups' beliefs. However, in others
authorities allowed congregations not affiliated with the LEC or
Seventh-day Adventists to continue worship unhindered. Authorities in
some provinces used threats of arrest to intimidate local religious
communities.
Authorities in some areas continued to be suspicious of non-
Buddhist religious communities and displayed intolerance for minority
religious practices, particularly by Protestant groups, whether or not
they were officially recognized. Some local authorities, apparently at
times with encouragement from government or LPRP officials, singled out
Protestant groups as targets of abuse or pressure to renounce their
faith.
In July local officials reportedly banned Christianity in Katin
village, Salavan Province, and confiscated pigs from Christians.
In September inhabitants of Bansai village, Savannakhet Province,
reportedly pressured a Christian man to renounce his faith or leave the
village. Other Christians in the same area reported difficulty in
holding worship services, because there was no authorized building for
worship and the police harassed them for worshipping in houses.
Also in September in Jinsangmai village, Luang Namtha Province, all
Christian believers reportedly recanted their faith, including a man
previously jailed for refusing to do so.
In November police in Vientiane Municipality told three Christian
churches to cease holding services until the Southeast Asian Games
ended in December. Authorities prevented one church from holding
services, which resumed the following week. At another church, the
police reportedly forced worshipers to sign either a renunciation of
their faith or a petition against the games.
In April authorities released the remaining two Khmu pastors held
in Oudomsai provincial prison since their arrest in March 2008 while
attempting to cross into Thailand carrying documents critical of
religious persecution in Laos.
Local officials in some areas threatened to withhold government
identification cards and household registration documents as well as to
deny educational benefits to those who did not give up their religious
beliefs. In addition the most common problem faced by Christian
communities was the inability to obtain permission to build new
churches, even though group worship in homes was considered illegal by
local authorities in many areas. Religious organization representatives
pointed out that the building-permit process at both local and
provincial levels was used to block new church construction.
The government strictly prohibited foreigners from proselytizing
but permitted foreign NGOs with religious affiliations to operate in
the country. Foreigners who distributed religious material were subject
to arrest or deportation. Although Decree 92 permits proselytizing by
religious practitioners, provided they obtain LFNC permission, the
authorities did not grant such permission, and persons found
evangelizing risked harassment or arrest.
The government did not allow the printing of Bibles and required
special permission to import them for distribution.
Societal Abuses and Discrimination.--For the most part, the various
religious communities coexisted amicably. There was no known Jewish
community in the country, and there were no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, but in practice the government imposed some restrictions.
The government did not cooperate with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
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; however,
local-level officials sometimes denied permission even to apply.
The government did not use forced exile; however, it denied the
right of return to persons who fled the country during the 1975 change
in government and were tried in absentia for antigovernment activities.
Protection of Refugees.--The country is not a signatory to the 1951
Convention relating to the Status of Refugees or its 1967 Protocol, but
the law provides for asylum and the protection of stateless persons. In
practice the government did not provide protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened 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.
Lao Hmong who had been detained in Thailand began to return to Laos
during 2007. 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 returnees. The government stated that the
UNHCR's mandate expired in 2001 and all former refugees had
successfully reintegrated. In December 2008 and during 2009, foreign
diplomats, representatives from international organizations (including
the UNHCR), and the press visited various sites, including Pha Lak,
where the Lao Hmong returned from Thailand were resettled.
During the year the government accepted the repatriation of nearly
all Lao Hmong from Thailand from a group of approximately 5,700 persons
confined to a camp or held in a detention center by Thai authorities
and considered by both countries' authorities to be illegal migrants.
The UNHCR had granted person-of-concern status to the 158 persons held
in the detention center, however, and there was no internationally
accepted process used to determine whether any Hmong in the camp could
establish a well-founded fear of persecution and seek status as an
international person of concern. Although Lao and Thai authorities
stated that the returns were voluntary, independent observers were not
allowed to witness the December 28 repatriation of more than 4,350
persons, and the government did not allow access to the returnees.
The government's policy both for Hmong surrendering internally and
for those being returned from Thailand was to return them to
communities of origin whenever possible. However, at year's end the
government held most of the December 28 returnees at a camp in Paaksan,
Borikhamsay Province, for settlement processing. Among earlier
returnees, several hundred persons without strong community links were
relocated in government settlements such as Pha Lak village, Vientiane
Province, where the government provided land, housing, clean water, and
electricity plus one year's supply of food. Of the December 28
returnees, initial indications were that approximately 1,300 persons
returned to communities of origin and the remaining number went to
other government settlements.
At times during the year, the government permitted limited access
by international organizations and NGOs to provide food and other
material assistance to former insurgents who had accepted government
resettlement offers. Independent observers were not allowed access to
December 28 returnees by year's end, however.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government. Although
the constitution outlines a system composed of executive, legislative,
and judicial branches, the LPRP controlled governance and the
leadership at all levels through its constitutionally designated
``leading role.''
Elections and Political Participation.--The law provides for a
representative national assembly, elected every five years in open,
multiple-candidate, fairly tabulated elections, with voting by secret
ballot and universal adult suffrage. However, the constitution
legitimizes only the LPRP; all other political parties are outlawed.
Election committees, appointed by the NA, must approve all candidates
for local and national elections. Candidates do not need to be LPRP
members, but in practice almost all were. The most recent NA election,
held in April 2006, was conducted under this system.
The NA chooses members of the Standing Committee, generally based
on the previous Standing Committee's recommendations. Upon 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. The 55-seat LPRP Central Committee included
four women, one of whom was also a member of the 11-member Politburo.
Of 12 ministers in the Prime Minister's Office, two were women. The
minister of labor and social welfare also was a woman. Three women
served on the 13-member SPC.
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. 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.
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 punished lower-level officials on
occasion for corruption. In November authorities arrested three mid-
level ministry officials on undisclosed, but reportedly corruption-
related, charges. 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 sufficient funding, equipment, and legal support from
the government.
Prior to taking their designated positions, senior officials are
required by party policy to disclose their personal assets to the
LPRP's Party Inspection Committee. The committee inspects the
officials' assets before and after the officials have been in their
positions. However, the LPRP used its control of government authorities
and media to block public censure of corrupt officials who were party
members.
There are no laws providing for public access to government
information, and in general the government closely guarded the release
of any information pertaining to its internal activities, deeming such
secrecy necessary for ``national security.''
Section 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 its human rights situation.
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.--The LWU--the LPRP mass organization focused on women's
issues, with a presence in every village and at every government
level--reported that rape was rare. The law criminalizes rape, with
punishment set at three to five years' imprisonment. Sentences are
significantly longer and may include capital punishment if the victim
is under 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.
Spousal abuse is illegal. According to the LWU and anecdotal
reports from international NGOs, domestic violence against women
occurred, but such violence did not appear to be widespread. Penalties
for domestic abuse, including battery, torture, rape, and detaining
persons against their will, may include both fines and imprisonment.
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.
Prostitution is illegal, with penalties ranging from three months
to one year in prison. However, in practice antiprostitution laws
generally were not enforced, and in some cases officials reportedly
were involved in the trade. Trafficking in women and girls for
prostitution remained a problem.
Sexual harassment was rarely reported, and the extent was difficult
to assess. Although sexual harassment is not illegal, ``indecent sexual
behavior'' toward another person is illegal and punishable by six
months to three years in prison.
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 available. Because of the general lack of adequate medical care,
skilled attendance at delivery and in postpartum care was not widely
available. Women and men were given equal access to diagnostic services
and treatment for sexually transmitted infections, including HIV.
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 traditional, 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. An
internationally funded program provided food to schoolchildren's
families, with girls receiving more food for the families than boys.
Many women occupied responsible positions in the civil service and
private business, and in urban areas their incomes were often higher
than those of men.
Children.--Children acquire citizenship if both parents are
citizens, regardless of the birth's location. 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, literacy rates for girls were approximately
10 percent lower than for boys in general.
The law prohibits violence against children, and violators were
subject to stiff punishments. Reports of the physical abuse of children
were rare.
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
(approximately $6 to $24).
A general increase in tourism in the country and a concomitant
probable 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
December the government introduced a hotline for reporting child sex
tourism.
Trafficking in Persons.--The law prohibits all forms of trafficking
as well as abduction and trade in persons, detaining persons against
their will, procuring persons for commercial sex, and prostitution.
Men, women, and children, particularly women and girls, were trafficked
to, from, through, or within the country.
The prescribed legal penalties for human trafficking, depending on
the severity of the offense, include sentences ranging from five years
to 20 years, life imprisonment, or death, and also fines ranging from
10 million to one billion kip (approximately $1,200 to $120,000) plus
asset confiscation.
The country was primarily a country of origin for trafficking in
persons, including girls ages 13 to 16 for forced labor and
prostitution, and, to a much lesser extent, a country of transit. The
primary destination country was Thailand. There was almost no effective
border control. The Thai Ministry of Labor estimated that at least
250,000 Lao workers were employed in Thailand, of whom at least 80,000
were unregistered. An unknown number of these persons were trafficked,
although a September study by the UN Office on Drugs and Crime (UNODC)
reported that two-thirds of the Lao citizens in Thailand identified as
trafficking victims were trafficked after crossing the border. The
small number of victims trafficked within the country were primarily
from the northern provinces, such as Houaphan and Xieng Khouang, and
were trafficked for sexual exploitation or factory work. According to
an international NGO study, a very small number of female citizens also
were trafficked to China to become brides for Chinese men. The UNODC
estimated that 90 percent of trafficking victims ended up in Thailand:
the majority were women between ages 15 and 25, and 35 percent became
victims of sexual exploitation.
Most trafficking victims were lowland Lao, although traffickers
also victimized small but increasing numbers of minority women.
Minority groups were particularly vulnerable, because they did not have
the cultural familiarity or linguistic proximity to Thai that Lao-
speaking workers could use to protect themselves from exploitative
situations in Thailand. A much smaller number of trafficked foreign
citizens, especially Burmese and Vietnamese, transited through the
country or were trafficked to Laos.
Many labor recruiters in the country were local persons with cross-
border experience and were known to the trafficking victims. For the
most part, they had no connection to organized crime, commercial sexual
exploitation, or the practice of involuntary servitude, and their
services usually ended once their charges reached Thailand, where the
victims were exploited by better-organized trafficking groups.
The SPC reported that 15 persons were convicted for human
trafficking in 2008. Of these, according to incomplete data from the
MoPS, authorities sentenced one trafficker to 15 years' imprisonment
and a fine, while two others received one-year sentences and were
fined. Law enforcement officers cooperated in joint investigations with
their Thai counterparts from northeast Thailand and also worked with
Vietnamese law enforcement on the trafficking routes through the south-
central part of the country.
Corruption remained a problem, with government officials
susceptible to involvement or collusion in trafficking. Anecdotal
evidence suggested that local officials knew of trafficking activities,
and some may have profited from them. However, no government or law
enforcement officials were disciplined or punished for involvement in
trafficking in persons.
The government continued some limited protection efforts for
victims of trafficking during the year. Authorities raided a restaurant
in 2008, rescued nine Vietnamese sex-trafficking victims including one
minor, and repatriated two of the nine victims. The seven other victims
did not wish repatriation and were allowed to return to the restaurant,
although authorities withheld their passports; four of those victims
later requested repatriation assistance and were repatriated, and in
March the government repatriated the remaining three victims. No
traffickers were prosecuted.
The MLSW and the Immigration Department cooperated with the
International Organization for Migration, the UN Inter-Agency Project
on Human Trafficking in the Greater Mekong Sub-region, and local and
international NGOs to provide assistance to victims. The MLSW continued
to operate a small transit center in Vientiane where trafficking
victims identified in Thailand remained for a short time before being
transferred to another facility or returned home. Victims not wanting
to return home were referred to a long-term shelter operated by the LWU
or to a local NGO. The government provided medical services,
counseling, vocational training, and employment services for victims in
its transit shelter in Vientiane and at the LWU shelter. The MLSW had a
unit devoted to children with special needs, including protection of
child trafficking victims and prevention of child trafficking. The MLSW
also maintained two small-scale repatriation assistance centers for
returned victims of trafficking in Vientiane and Savannakhet, but their
effectiveness was limited by a small budget, inadequate international
assistance, and a lack of trained personnel.
The MLSW, in addition to operating departments in the provinces,
worked with NGOs to provide additional assistance to trafficking
victims. It referred cases from immigration authorities and the MLSW
transit shelter in Vientiane to NGOs for longer-term shelter and
follow-up on cases where the victims were returned home.
With support from the UN Children's Fund (UNICEF), the National
Commission for Mothers and Children continued an active victim support
program. Through legal aid clinics, the Lao Bar Association, which is
under the MoJ umbrella, also assisted victims by providing general
awareness programs on the legal system and legal advice. The LWU and
the Lao Youth Union offered educational programs designed to inform
girls and young women about the schemes of recruiters for brothels and
sweatshops in neighboring countries and elsewhere. These organizations
were most effective in disseminating information at the grassroots.
The government itself educated the population on the dangers of
trafficking, using the media and public appearances by senior leaders.
The MLSW also worked with UNICEF to set up awareness-raising billboards
near border checkpoints and larger cities and conducted a campaign on
trafficking issues in preparation for the December Southeast Asian
Games.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution provides citizens
protection against discrimination but does not specify that these
protections apply to persons with disabilities. Regulations promulgated
by the MLSW and the Lao National Commission for the Disabled protect
such persons against discrimination; however, the regulations lack the
force of law. The law does not mandate accessibility to buildings or
government services for persons with disabilities, but the MLSW has
established regulations regarding building access and built some
sidewalk ramps in Vientiane. There were no reports of discrimination in
the workplace.
In August and September, the MLSW conducted workshops with
international NGOs in Vientiane Municipality and Savannakhet, Xekong,
and Champasak provinces to increase awareness of the rights of persons
with disabilities. 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, societal discrimination persisted. Moreover,
critics charged that the government's resettlement program for ending
slash-and-burn agriculture and opium production adversely affected many
ethnic minority groups, particularly in the North. The program requires
that resettled persons adopt paddy rice farming and live in large
communities, ignoring the traditional livelihoods and community
structures of these minority groups. International observers questioned
whether the benefits promoted by the government--access to markets,
schools, and medical care for resettled persons--outweighed the
negative impact on traditional cultural practices. Some minority groups
not involved in resettlement, especially those in remote locations,
faced difficulties, believing they had little voice in government
decisions affecting their lands and the allocation of natural resources
from their areas.
Of the 49 ethnic groups in the country, the Hmong are one of the
largest and most prominent highland minority groups. There were a
number of Hmong officials in the senior ranks of the government and the
LPRP, including one Politburo member and five members of the LPRP
Central Committee. However, societal discrimination persisted against
the Hmong, and some Hmong believed their ethnic group could not coexist
with 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. Security forces
continued operations to isolate and defeat or force the surrender of
the residual, small, scattered pockets of insurgents and their families
in remote jungle areas.
The government continued to offer ``amnesty'' to insurgents who
surrender but 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 Pha Lak village. Their status
and welfare remained unknown at year's end. Because of their past
activities, amnestied insurgents continued to be the focus of official
suspicion and scrutiny.
The government generally refused 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.--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.
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. 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 4,610 trade unions nationwide,
including in most government offices. These included 16 provincial
trade unions, one municipal trade union, 36 ministerial trade unions,
and 2,772 permanent trade unions. Total FLTU membership was 126,600,
approximately 4 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 domestic trafficking of girls for forced labor occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--By
law children under age 15 may not be recruited for employment except to
work for their families, provided such work is not dangerous or
difficult. 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
April 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 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.
__________
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. On April 3, Najib
Razak was sworn in as prime minister. Civilian authorities generally
maintained effective control of the security forces.
The government generally respected the human rights of its
citizens; however, there were problems in some areas. Significant
obstacles prevented opposition parties from competing on equal terms
with the ruling coalition. Some deaths occurred during police
apprehensions and while in police custody. The nonprofessional People's
Volunteer Corps (RELA) reportedly abused refugees, asylum seekers, and
illegal immigrants. Other problems included police abuse of detainees,
overcrowded immigration detention centers (IDCs), use of arbitrary
arrest and detention using the Internal Security Act (ISA) and three
other statutes that allow detention without trial, and persistent
questions about the impartiality and independence of the judiciary. The
government continued to pursue the prosecution of a prominent
opposition leader on politically motivated charges. The government also
arrested other opposition leaders, journalists, and Internet bloggers
apparently for political reasons. The civil courts continued to allow
the Shari'a (Islamic law) courts to exercise jurisdiction in cases
involving families that included non-Muslims. Additionally, the
criminal and Shari'a 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
serious problem. Longstanding government policies gave preferences to
ethnic Malays in many areas. Some employers exploited migrant workers
and ethnic Indian-Malaysians 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 50
persons while apprehending them, down from 82 such killings in 2008.
On January 20, Kugan Ananthan, an ethnic Indian in police detention
since January 15 for car theft, died. The initial postmortem listed
fluid in the lungs as the cause of death. A second postmortem
examination conducted by a family-appointed pathologist revealed
massive injuries consistent with being beaten to death. On January 23,
the attorney general classified Kugan's death as murder. Initially, 11
police officers were transferred to desk duty pending an investigation;
however, on October 1, only police constable Navindran Vivekanandan,
the sole ethnic Indian among the 11 police officers, was charged for
the lesser crime of voluntarily causing grievous hurt to extort a
confession. Navindran pled not guilty and was released on bail. A
sessions court scheduled the criminal case against Navindran for
February 13, 2010. Kugan's family members also filed a civil suit
against the government for his death in custody, and that case was
pending in the civil courts.
On July 15, Teoh Beng Hock, a political aide to a Selangor State
legislative assemblyman, was taken to the Malaysian Anticorruption
Commission (MACC) as a witness concerning allegations against his
supervisor. On July 16, Teoh's body was found on the roof of the
building wing adjacent to the MACC offices. Official postmortem
examinations ruled that he died on July 16 from internal injuries
sustained from a fall. Teoh had been questioned for more than eight
hours. On November 21, Teoh's body was exhumed for a second autopsy.
The public inquest into the cause of Teoh's death continued at year's
end.
On July 16, police arrested R. Gunasegaran, who died in custody at
the Sentul police station approximately two to three hours after his
arrest. An initial autopsy found that Gunasegaran died of a drug
overdose. Several witnesses claimed he was beaten in police custody. At
his family's request, the high court ordered a second postmortem
examination and an inquest into his death. The inquest into the cause
of his death was pending at year's end.
On November 8, police shot and killed five ethnic Indian youths
ages 17 to 24. The police described them as members of a criminal gang
who fired first; however, an outcry, particularly in the ethnic Indian
community, questioned the police's ``shoot-to-kill'' tactics. The
police denied using such tactics and defended the officers' right to
defend themselves. At year's end there had been no known official
inquiry into the matter.
On April 9, the high court sentenced police Chief Inspector Azilah
Hadri and police Corporal Sirul Azhar Umar to death, for the 2006
murder of Altantuya Shaaribu. Their appeals were pending at year's end.
In October 2008 the court acquitted political analyst Razak Baginda of
abetting her murder. Altantuya's father filed a civil suit against the
government, Razak Baginda, and the two police officials for 100 million
ringgit (approximately $28.6 million). The civil 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.--No law specifically prohibits torture; however, laws that
prohibit ``committing grievous hurt'' encompass torture. There were
some allegations of beatings and mistreatment by RELA and immigration
officials in IDCs, which continued to be administered by the
Immigration Department and was supplemented by RELA for part of the
year.
On January 15, seven police officers from Brickfields police
district in Selangor State were charged with committing an act of
``criminal intimidation'' and ``voluntarily causing hurt to extort
confession'' against B. Prabakar, who had been arrested in December
2008 in connection with a robbery. Prabakar alleged that the police
beat him with a rubber hose, splashed boiling water on him, asked him
to stand on a chair with a cloth around his neck, and threatened to
hang him. The case was pending at year's end.
On December 6, police arrested S. Isai Kumar after a female
relative lodged a police report against him. He was held for 10 days
during which he alleged police stripped him nude, photographed him,
assaulted him, and denied him food and medical attention during a four-
day period at the Seremban police headquarters. He claimed police
forced him to admit to robbery and criminal intimidation. He was
released and police told him the report against him was false.
In May 2008, in response to the April 2008 beating of a Pakistani
detainee by immigration officials at Lenggeng IDC, a commissioner from
the Malaysian Human Rights Commission (SUHAKAM) investigated and found
``evidence of torture.'' No further investigation was known to have
been conducted.
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 July
2007, was paralyzed and mentally unstable at the time of his release in
September 2008.
In August 2008 according to press reports, two police officers from
Perak State abused a 10-year-old boy while questioning him for theft.
There was no information available about an investigation into this
report.
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' Shari'a laws also prescribe caning; there are no
exemptions for women under Shari'a. In Shari'a caning, a smaller cane
is used, and the caning official cannot lift the cane above his
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. Between July and September, there were four
instances in which a Shari'a court sentenced persons to be caned.
On July 20, the Kuantan Shari'a High Court (Pahang State) sentenced
Kartika Sari Dewi Shukarno to a 5,000 ringgit (approximately $1,400)
fine and six strokes of a cane for consuming alcohol at a hotel in
Pahang State in July 2008. Kartika was the first Muslim woman to be
sentenced to caning. Kartika, who pled guilty, did not appeal the
sentence. By year's end the Shari'a court had not scheduled a date for
the caning.
In mid-September the same Shari'a high court judge sentenced a male
foreign citizen to six strokes of the cane and prison for an alcohol
offense and also sentenced the Muslim waitress who served Kartika to
six strokes and a fine.
In September the Selangor Shari'a High Court sentenced a couple to
fines and six strokes of the cane each for the offense of ``khalwat''
or close physical proximity after the couple were found attempting to
have unmarried sex.
Prison and Detention Center Conditions.--Prison overcrowding,
particularly in facilities near major cities, remained a serious
problem. In December the Home Ministry reported that the country's 31
prisons held 32,130 prisoners 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 nongovernmental organizations (NGOs) estimated most of
the country's 16 IDCs were at or beyond capacity, with some detainees
held for a year or more.
NGOs and international organizations involved with migrant workers
and refugees made credible allegations of inadequate food, water,
medical care, poor sanitation, and prisoner abuse in the IDCs.
According to the home affairs minister, all detention centers had their
own standard operating procedures that were in line with international
quality standards. An NGO with access to the IDCs claimed that
overcrowding, deficient sanitation, and lack of medical screening and
treatment facilitated the spread of disease. During the year the
government allowed local NGOs with mobile medical clinics into the
IDCs.
In 2008 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. On October 1, SUHAKAM Commissioner Siva
Subramaniam reiterated these statistics, noting that this was a rate of
18 deaths per month since 2003. Most of the deaths were reportedly due
to communicable diseases that thrive in unsanitary and overcrowded
detention facilities. Siva recommended that the IDCs observe better
health standards to prevent the spread of disease.
The government does not permit prison visits by the International
Committee of the Red Cross. The authorities generally did not permit
NGOs and the media to monitor prison conditions. The government
approved visits by SUHAKAM officials on a case-by-case basis.
The UN High Commission for Refugees (UNHCR) received 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, IDCs
scheduled UNHCR visits to interview unregistered potential refugees.
Through these interviews, the UNHCR secured the release of 3,645
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
100,000-strong Royal Malaysia Police 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 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.
Several NGOs conducted local surveys on government corruption and
identified the police as among the country's most corrupt government
organizations. During the year a Home Affairs Ministry survey noted
that 70 percent of respondents had bribed police officers under duress.
Reported police offenses included accepting bribes and theft. Unlike in
past years, there were no known accusations of rape against police
personnel.
Punishments included suspension, dismissal, and demotion. Police
officers are subject to trial by the civil courts. Police
representatives reported that there were disciplinary actions against
police officers during the year.
The government continued to focus police reform efforts on
improving salaries, quarters, and general living conditions of police
officers. However, the status of other reforms, including the formation
of an independent police complaints and misconduct commission, remained
pending at year's end. NGOs complained that the government's reform
efforts lacked transparency.
The police training center continued to include human rights
awareness training in its courses. SUHAKAM conducted human rights
training for police once during the year.
Security forces failed to prevent or respond to some incidents of
societal violence. Minority groups complained of perceived police
unwillingness to take appropriate action on August 28 to disperse a
group of Muslims protesting the relocation of a Hindu temple to their
residential area and of the government's immediate closing of a candle
light vigil held in response by members of the Hindu community (see
section 2.b.).
In recent years the Home Ministry relied primarily upon RELA to
conduct raids and detain suspected illegal migrants. However, during
the year NGOs and international organizations reported that RELA
involvement and authority in immigration matters was reduced and that
by August 1, the government had removed all RELA personnel from the
IDCs. The government announced that RELA members would begin assisting
the police in combating crime.
As of August 31, RELA had 586,644 members. On September 2, RELA
announced plans to recruit 200,000 more members by year's end. As of
December 31, RELA had increased its membership to 682,749. Although
RELA's role in immigration was reduced, the government took steps to
increase its overall role, specifically in assisting police with
criminal matters. NGOs remained concerned that inadequate training left
RELA members ill-equipped to perform their duties.
Reported abuses by RELA members included beatings, extortion,
theft, pilfering items from homes, destroying individuals' UNHCR and
other status documents, and pillaging refugee settlements. However,
these reports were limited primarily to January through March, and
unlike in previous years, there were no reports of rape involving RELA
members. Reported incidents of abuse by RELA decreased over the course
of the year.
In September 2008 the high court ordered RELA member Mohamed Tahir
Osman to pay Maslinda Ishak, detained during a 2003 raid, 100,000
ringgit ($28,600) damages for taking a photograph of her when she was
forced to relieve herself in the truck used to transport detainees. On
August 25, the Court of Appeal ordered the government to pay the fine,
finding that it was vicariously liable for Tahir's acts. Tahir had
earlier pled guilty for invasion of privacy and was sentenced to four
months' imprisonment.
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 and Detention.--The law permits police to arrest individuals
for some offenses without a warrant and hold suspects for 24 hours
without charge. A magistrate may extend this initial detention period
for up to two weeks. Although police generally observed these
provisions, a 2005 police commission report noted that police sometimes
released suspects and then quickly rearrested them and held them in
investigative custody. 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 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. On December 16, Chief
Justice Tun Zaki Azmi stated there were 900,000 cases pending in the
lower courts and 91,000 in the higher courts.
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. However, in one
case the government detained an ISA detainee for approximately seven
years. 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.
On April 3, 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.
On April 3, the government released 13 ISA detainees, including V.
Ganabatirau and R. Kengadharan, two of the five detained Hindu Rights
Action Force (HINDRAF) leaders. On May 13, the government released
another 13 detainees, including M. Manoharan, P. Uthayakumar and K.
Vasantha Kumar, the three remaining HINDRAF detainees. On September 16,
the government released another five ISA detainees, allegedly from the
Jemaah Islamiya terrorist organization. At year's end there were nine
persons in detention under the ISA, including four citizens and five
foreigners. According to the Home Ministry, six were allegedly involved
in militant activities, including terror suspects Mas Selamat Kastari
and Samsuddin Sulaiman, and the remaining three were detained for
forging documents.
In July 2008 authorities arrested political opposition leader Anwar
Ibrahim for alleged consensual sodomy with a former aide. In August
2008 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.
On August 11, 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. On September
16, the trial court dismissed Anwar's petition. Anwar also challenged a
certificate from the prosecution, needed before the trial can begin,
which he claimed omitted facts in his favor. On November 6, the Court
of Appeals rejected Anwar's application to obtain documents and DNA
samples that he claimed were exculpatory. Despite official affirmations
that Anwar's arrest and prosecution were not politically motivated,
senior government officials made repeated public comments prejudicial
to the case. The case was pending at year's end.
The government's appeal of the Kuala Lumpur High Court's 2007
decision to award former ISA detainee Abdul Malek Hussin 2.5 million
ringgit (approximately $715,000) for his arrest and torture in 1998
remained pending at year's end.
Under the Emergency Ordinance, the home minister may issue a
detention order for up to two years against a person if he deems it
necessary for the protection of public order, ``the suppression of
violence, or the prevention of crimes involving violence.'' A local NGO
reported that in 2008 more than 1,000 individuals were detained under
the Emergency Ordinance and other preventive measures. The authorities
used the Emergency Ordinance on suspected organized crime figures.
On January 15, the police in Miri, Sarawak, detained Bunya Sengok,
Marai Sengok, and his wife Melati Bekeni under the Emergency Ordinance
for their alleged involvement in a series of robberies. Family members
asserted that they were arrested in a dispute with a development
consortium over ancestral land. SUHAKAM condemned the use of the
ordinance in this case. On March 19, police released Melati Bekeni, but
Marai Sengok and Bunya Sengok were flown to Johor and ordered detained
for two years under the ordinance at the Simpang Renggam Detention
Center.
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 the year, 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.
The constitution does not directly vest judicial powers in the
courts but rather provides that Parliament confers judicial powers. The
constitution also confers certain judicial powers on the attorney
general, including the authority to instruct the courts on which cases
to hear, the power to choose venues, and the right to discontinue
cases. The attorney general controlled and directed all criminal
prosecutions and assumed responsibility for sessions court judge and
magistrate judicial assignments and transfers. The Judicial
Appointments Commission, created in December 2008, makes appointments
of judges to the high court, Court of Appeal, and the Federal Court.
Session and magistrate court judges report to the Attorney General's
Office. The prime minister's recommendation, done in conjunction with
the commission, determined senior judge appointments, subject to
concurrence by the Conference of Rulers, the traditional Malay rulers
of nine states.
Members of the bar, NGO representatives, and other observers
expressed serious concern about significant limitations on judicial
independence, citing a number of high-profile instances of arbitrary
verdicts, selective prosecution, and preferential treatment of some
litigants and lawyers.
In May 2008 a royal commission, which had been formed to
investigate the 2002 videotape of a purported conversation in which a
senior lawyer and senior judge discussed arrangements for assigning
cases to ``friendly'' judges, released its findings and determined that
former prime minister Mahathir, UMNO Secretary General Tengku Adnan,
and former chief justice Eusoff Chin among others were involved in
manipulating judicial appointments and improperly influenced the
promotion of judges. On June 16, 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.
Sessions courts hear minor civil suits and criminal cases. High
courts have original jurisdiction over all criminal cases involving
serious crimes. Juvenile courts try offenders below age 18. A special
court tries cases involving the king and the sultans. The Court of
Appeal has appellate jurisdiction over high court and sessions court
decisions. The Federal Court, the country's highest court, reviews
Court of Appeal decisions.
Indigenous groups in the states of Sarawak and Sabah have a system
of customary law to resolve matters such as land disputes between
tribes. Although rarely used, penghulu (village head) courts may
adjudicate minor civil matters.
Shari'a, administered by state authorities through Islamic courts,
bind all Muslims, most of whom are ethnic Malays. The laws and the
degree of their enforcement varied from state to state.
The armed forces have a separate system of courts.
Trial Procedures.--English common law is the basis for the secular
legal system. The constitution states that all persons are equal before
the law and entitled to equal protection of the law. Trials are public,
although judges may order restrictions on press coverage. Juries are
not used. Defendants have the right to counsel at public expense if
requested by an accused individual facing serious criminal charges.
Strict rules of evidence apply in court. Defendants may make statements
for the record to an investigative agency prior to trial. Limited
pretrial discovery in criminal cases impeded defendants' ability to
defend themselves. Defendants confronted witnesses against them and
presented witnesses and evidence on their behalf, although judges
sometimes disallowed witness testimony. Government-held evidence was
not consistently made available. Attorneys are required to apply for a
court order to obtain documents covered under the Official Secrets Act.
Defendants are presumed innocent until proven guilty and may appeal
court decisions to higher courts. The law limits a defendant's right to
appeal in some circumstances. The government stated that the limits
expedite the hearing of cases in the upper courts, but the Bar Council
declared that they impose excessive restrictions on appeals.
In firearm and certain national security cases, a lower standard
for accepting self-incriminating statements by defendants as evidence
is in effect. Regulations also allow the authorities to hold an accused
for an unspecified time before making formal charges.
In criminal cases police sometimes used tactics that impaired a
defendant's due process rights. For example, police used raids and
document seizures to harass defendants.
Shari'a courts do not give equal weight to the testimony of women.
Many NGOs complained that women did not receive fair treatment from
Shari'a courts, especially in matters of divorce and child custody.
Political Prisoners and Detainees.--The government released P.
Uthayakumar, M. Manoharan, R. Kenghadharan, Ganabatirau, and T.
Vasantha Kumar, key leaders of HINDRAF, who were arrested and detained
under the ISA for organizing protests in 2007 against the alleged
marginalization of ethnic Indians.
Civil Judicial Procedures and Remedies.--The structure of the civil
judiciary mirrors that of the criminal courts. A large case backlog
often resulted in delayed provision of court-ordered relief for civil
plaintiffs. The government and government officials can be sued in
court for alleged violations of human rights.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Various laws prohibit arbitrary interference with
privacy rights; however, authorities infringed on citizens' privacy
rights in some cases. Provisions in the security legislation allow
police to enter and search without a warrant the homes of persons
suspected of threatening national security. Police also may confiscate
evidence under these provisions. Police used this legal authority to
search homes and offices; seize computers, books, and papers; monitor
conversations; and take persons into custody without a warrant. The
government monitored e-mails sent to Internet blog sites and threatened
to detain anyone sending content over the Internet that the government
deemed threatening to public order or security.
The Federal Islamic Development Department's (JAKIM) guidelines
authorize JAKIM officials to enter private premises without a warrant
if they deem swift action necessary to conduct raids on premises where
it suspects Muslims are engaged in offenses such as gambling,
consumption of alcohol, and sexual relations outside marriage.
In corruption investigations, after a senior police official
involved in the investigation submits a written application, the law
empowers a deputy public prosecutor to authorize interception of any
messages sent or received by a suspect. Information obtained in this
way is admissible as evidence in a corruption trial. Security forces
have broad authority to install surreptitiously surveillance devices on
private property. In addition, public prosecutors may authorize police
to intercept postal and telecommunications messages if a prosecutor
judges these likely to contain information regarding a terrorist
offense. Intercepted communications from such efforts are admissible in
court.
The law permits the Home Ministry to place criminal suspects under
restricted residence in remote districts away from their homes for two
years.
The government bans membership in unregistered political parties
and organizations.
Certain religious issues posed significant obstacles to marriage
between Muslims and adherents of other religions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, in practice the government
restricted freedom of expression and intimidated journalists into
practicing self-censorship. According to the government, it imposed
restrictions on the media to protect national security, public order,
and friendly relations with other countries.
The law provides that legislation ``in the interest of security
(or) public order'' may restrict freedom of speech. For example, the
Sedition Act prohibits public comment on issues defined as sensitive,
such as racial and religious matters. The government used the ISA, the
Sedition Act, the Official Secrets Act, the Printing Presses and
Publications Act, criminal defamation laws, and other laws to restrict
or intimidate political speech. Nevertheless, individuals frequently
criticized the government publicly or privately. However, on some
occasions the government retaliated against those who criticized it.
In addition, the election law makes it an offense for a candidate
to ``promote feelings of ill will, discontent, or hostility.''
Violators could be disqualified from running for office.
On March 17, opposition DAP parliamentarian Karpal Singh was
charged under the Sedition Act for comments at a February 6 media
conference that the sultan of Perak could be sued for his role in the
removal of a state's chief minister. Singh's comments followed Sultan
Azlan Shah's decision to dismiss the opposition Perak chief minister
and appoint the federal ruling party chief minister. According to the
Sedition Act, any act that provokes hatred, contempt, or disaffection
against a state ruler is considered sedition, a crime punishable by up
to three years in prison or a fine of up to 5,000 ringgit
(approximately $1,400) or both. The case was pending at year's end.
On March 29, the government suspended two opposition political
party newspapers, Harakah of the opposition Islamic Party of Malaysia
(PAS) and Suara Keadilan of the Peoples Justice Party. The Home
Ministry asserted that these newspapers repeatedly published stories
that were ``wrong, sensational, and sensitive in nature.'' On April 3,
the day he took office, Prime Minister Najib lifted the sanctions
against both newspapers.
In 2007 the sessions court sentenced HINDRAF leader P. Uthayakumar
under the Sedition Act for publishing a letter addressed to British
Prime Minister Gordon Brown. The case was still pending at year's end.
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. Since 2000 the Home
Ministry banned a total of 397 books whose titles contained words that
could ``jeopardize public order'' or were obscene. Three out of the 22
books banned during the year included The Jewel of Medina, The Trouble
With Islam Today, and Ibrahim and Sarah. Home ministry officials added
that individuals involved in the printing, importing, publishing,
selling, and distributing of these banned titles can 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 20,000 ringgit
(approximately $5,700).
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. For example, on November 14, the Home Ministry issued
a warning letter to the Tamil-language daily Tamil Nesan over its
reporting on the killing of five suspected armed robbers by the police.
The ministry accused the newspaper of playing up racial sentiments in
its coverage of the police shooting in which all five suspects--all
Malaysian Indians--were killed (see section 1.a.). 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 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, and other private groups
actively covered opposition parties and frequently printed views
critical of government policies.
Radio and television stations were as restricted as the print media
and were predominantly supportive of the government. News of the
opposition was tightly restricted and reported in a biased fashion.
Opposition party leaders alleged that during the seven by-elections
held since the March 2008 national election the mainstream media
provided minimal coverage of their candidates, intensely negative
reporting about their parties' senior figures, and extensive reporting
on the ruling party candidates.
The Internet and television faced no such restrictions, and PAS,
among others, continued daily Internet television broadcasts.
Television stations censored programming in line with government
guidelines. The government banned some foreign newspapers and magazines
and occasionally censored foreign magazines or newspapers, most often
for sexual content. The government maintained a ``blacklist'' of local
and foreign performers, politicians, and religious leaders who were not
allowed to appear on television or broadcast on radios.
On May 13, the Internet news portal Malaysiakini reported that
Media Prima, which has control over the country's four free private
television stations, had video footage of Perak Assembly Speaker V.
Sivakumar being dragged from the speaker's chair on May 7. However,
according to Malaysiakini, senior managers of Prima Media directed
their staff not to broadcast the footage or video of the subsequent
arrests of nearly 100 individuals, including opposition
parliamentarians and state representatives. The footage subsequently
was shown on television and was available on the Internet.
On July 5, Florence Looi, host and producer of the program Point of
View, asked her guests to rate the performance of Prime Minister Najib
Razak during his first 100 days in office. One of her guests, an editor
with the online news portal Malaysian Insider, rated the performance as
poor. On July 13, online news portal Merdeka Review reported that the
program's private television station, NTV7, which is a Media Prima
station, canceled the show and reassigned Looi to field reporting. NTV7
also reportedly issued Looi a warning letter accusing her of having
``breached editorial policy.'' On July 15, the Center for Independent
Journalism issued a statement expressing concern about Looi's
reassignment and calling the warning letter unjustified.
The government generally restricted remarks or publications,
including books, that it judged might incite racial or religious
disharmony.
Internet Freedom.--Although there were no government restrictions
on access to the Internet, during the year the government blocked
access to some Web sites and arrested several prominent bloggers for
comments that were critical of the government. Internet access was
widely available, except in East Malaysia, where the Internet was often
not available beyond urban centers. According to International
Telecommunication Union statistics for 2008, approximately 55.8 percent
of the country's inhabitants used the Internet.
Criminal defamation and preventive detention laws generated some
self-censorship from local Internet content sources such as bloggers,
Internet news providers, and NGO activists. In September 2008 police
detained Raja Petra Kamaruddin, a blogger and critic of the ruling
government, under the ISA for writing seditious articles in his blog,
which the government claimed posed a threat to national security. He
was released in November 2008 after the high court ruled that his
detention was unconstitutional. On April 23, the court issued an arrest
warrant for Raja Petra after he failed to appear at his criminal
sedition trial. These charges arose from his April 2008 article ``Let's
Send the Altantuya Murderers to Hell,'' which he posted on Internet
news portal, Malaysia Today, which alleged that then deputy prime
minister Najib was involved in the 2006 death of a Mongolian model. On
May 26, the court issued a second warrant of arrest after Raja Petra's
failure to turn up for his criminal defamation trial arising from his
June 2008 sworn his statutory declaration implicating Prime Minister
Najib's wife, Rosmah Mansor, in the murder of Altantuya Shaaribu. In
his blog, Raja Petra wrote that he was in self-imposed exile. On
November 13, the sessions court granted Raja Petra a discharge not
amounting to an acquittal in his criminal defamation suit because
police could not locate him. However, the government retained the right
to charge him upon his return.
On March 14, 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 on February 5.
One blogger pled guilty and was fined 10,000 ringgit (approximately
$2,850). The remaining five pled not guilty and at year's end their
trials were 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.
On September 4, online news portal Malaysia Today reported that the
Malaysian Communications and Multimedia Commission (MCMC) directed
Malaysiakini to remove from its Web site two videos showing Muslim
protestors desecrating a severed cow-head during an August 28
demonstration (see section 2.b.). On September 10, seven officers from
the MCMC entered Malaysiakini's offices demanding the original tapes of
the August 28 protest. The MCMC team copied hard drives, photographed
the hard drives' serial numbers, and questioned Malaysiakini staff. The
MCMC stated the investigation was the result of the offensive videos
posted on Malaysiakini's Web site.
On October 1, the Ministry of Information, Communication, and
Culture denied allegations that the MCMC had abused its power in its
Internet crackdown. The MCMC allegedly had closed down certain Web
sites in September and used strong-arm tactics against Malaysiakini.
Denying the allegation, the ministry claimed there was a technical
disruption, which resulted in the Web sites being temporarily
inaccessible.
Academic Freedom and Cultural Events.--The government placed some
restrictions on academic freedom, particularly the expression of
unapproved political views, and enforced restrictions on teachers and
students who expressed dissenting views. The government continued to
require that all civil servants, university faculty, and students sign
a pledge of loyalty to the king and the government. Opposition leaders
and human rights activists claimed that the government used the loyalty
pledge to restrain political activity among civil servants, academics,
and students.
Although faculty members sometimes were publicly critical of the
government, there was clear self-censorship among public university
academics whose career advancement and funding depended on the
government. Private institution academics practiced self-censorship as
well, fearing that the government might revoke the licenses of their
institutions. The law also imposes limitations on student associations
and on student and faculty political activity.
The government has long stated that students should be apolitical,
and it used that assertion as a basis for denying political parties
access to student forums. According to student leaders, academic
authorities sometimes expelled or fined students who signed
antigovernment petitions. School authorities did not restrain
propagation of government views on controversial issues on school
campuses.
During the year the government censored and banned at least one
film for profanity, nudity, sex, violence, and certain political and
religious content. On September 30, the home ministry announced a ban
on the movie Bruno, because it contained sexually explicit scenes,
vulgar language, nudity, and belittled Christianity. Although the
government allowed art-house foreign films at local film festivals,
sexual content was manually censored at the time of showing by blocking
the screen until the concerned scene was over.
The youth wing of the 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.
On August 26, the Ministry of Information, Communications, and
Culture initially announced that Muslims were banned from attending a
Black Eyed Peas' concert in Kuala Lumpur because it was sponsored by
the Guinness Brewing Company. On September 1, the Ministry reversed the
decision and allowed Muslims to attend. The band performed, but alcohol
sales were restricted to fenced-off areas with signs warning that
Muslims were not permitted to enter.
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.
During the year there were several reports that the government used
tear gas and chemically laced water cannons to breakup rallies.
On May 5, police arrested Wong Chin Huat, a political scientist and
activist with Coalition for Free and Fair Elections, under the Sedition
Act. Wong promoted a demonstration entitled ``1BlackMalaysia,'' a play
on Prime Minister Najib's ``1Malaysia'' campaign promoting racial and
religious harmony in Malaysia, to protest the BN's takeover of the
Perak State government. On May 7, police arrested 69 persons for
illegal assembly for participating in the demonstration. They were
released the following day.
On May 7, in response to the arrests, a group of Wong's supporters
held a candlelight vigil at the Brickfield's police station where Wong
had been detained. Authorities arrested 14 members of the group for
illegal assembly. Police arrested five lawyers from the Bar Council,
who had gone to the police station to render legal assistance, on the
same charge. Wong, the five lawyers, and the 14 others were released on
May 8. The police subsequently dropped all charges.
On August 1, the NGO Abolish ISA Movement, backed by the opposition
coalition People's Alliance (PR), organized an anti-ISA rally in Kuala
Lumpur. According to local media reports, approximately 25,000
protesters participated. Police used tear gas and chemically laced
water to disperse the protesters. Police arrested more than 600
persons, but all were released the following day.
On August 28, 50 Muslim residents from Selangor protested the
relocation of a Hindu temple to their residential area by carrying a
severed cow's head to the front gate of the Selangor State government
office. The protesters took turns stepping on the cow-head and
threatened bloodshed in the name of Islam if the government relocated
the temple to their neighborhood. On September 9, the sessions court
charged six persons with sedition as well as the charge of wounding the
Hindu religion because they had desecrated a cow, an animal sacred to
Hindus. All six pled not guilty and were released on bail. The six were
then brought to a magistrate's court to face a charge of participating
in an illegal assembly, under the Police Act. The judge released all
six on bail. The case was pending at year's end.
On September 4, Police Inspector General Tan Sri Musa Hassan issued
a warning against attending a candlelight vigil scheduled for September
5 in protest of the August 28 demonstration, stating that the assembly
was illegal and action would be taken against those who took part. On
September 5, police arrested 16 persons for attempting to join the
peaceful protest. On September 6, the police released all 16 without
pressing criminal charges.
At year's end the cases of the nine persons arrested for
participating in an assembly marking International Human Rights Day
2007 and the 17 members of the Coalition for Clean and Fair Elections
who had been arrested in 2007, were still pending.
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. In August 2008 the government approved the
registration of the Socialist Party of Malaysia, which it had blocked
since 1999. The government has the power to revoke the registration of
an existing society for violations of the act. Unlike in prior years,
the government did not use this power against political opposition
groups.
Some human rights and civic society organizations expressed
difficulty in obtaining government recognition as an NGO; as a result
some NGOs were registered as companies, which presented legal and
bureaucratic obstacles to 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. Many students, NGOs, and
opposition political parties called for the repeal or amendment of the
act. A number of ruling coalition organizations and politicians also
supported reexamination of the act, but the government maintained that
the act still was necessary. In December 2008 Parliament amended the
act to allow students to be members of organizations outside the
university.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, the constitution and the government placed some
restrictions on this right. The constitution defines all ethnic Malays
as Muslims at birth and stipulates that Islam is the ``religion of the
Federation.'' The government significantly restricted the practice of
Islamic beliefs other than Sunni Islam. Article 11 of the constitution
states, ``Every person has the right to profess and practice his
religion,'' but it also gives state and federal governments the power
to ``control or restrict the propagation of any religious doctrine or
belief among persons professing the religion of Islam.''
Civil courts continued to cede authority to Shari'a courts on cases
concerning conversion from Islam and certain areas of family law
involving disputes between Muslims and non-Muslims. Shari'a courts
ordered some Muslims attempting to convert to other religions to
undergo mandatory religious reeducation classes.
On March 11, K. Patmanathan converted from Hinduism to Islam and
changed his name to Mohammed Ridzuan Abdullah. On April 12, he
converted his three children, ages 12, 11, and one, to Islam without
his Hindu wife's knowledge or consent. A Shari'a court in Perak State
awarded custody of the children to Patmanathan. Although on April 24
the high court granted his wife, Indira Ghandi, interim custody of the
three children pending the court's decision, Patmanathan still had
custody of their youngest child. On April 22, the cabinet decided that
when one spouse converts to another faith, the children of the couple
should be brought up in the common faith at the time of the marriage.
The cabinet further stated that the proper venue for settling such
disputes is the civil courts not the Islamic courts. Muslim NGOs and
PAS condemned the cabinet decision, claiming that it contradicted both
the federal constitution and Islam. On June 29, the Conference of
Rulers asked for the views of the respective state religious councils
on child conversion issues. Because Islam is considered a state matter
and the sultans are the head of Islam in their respective states, their
decision effectively negated the cabinet decision. At year's end the
situation remained unresolved.
Non-Muslims, who constitute approximately 40 percent of the
population and include large Buddhist, Christian, Hindu, and Sikh
communities, were free to practice their religious beliefs with few
restrictions. According to the government, it allocated 428 million
ringgit (approximately $125.9 million) to build Islamic places of
worship and 8.1 million ringgit ($2.4 million) to build Christian,
Buddhist, Hindu, and other minority religions' places of worship
between 2005 and the end of 2008.
The Registrar of Societies, under the Home Ministry, registers
religious organizations. Registration enables organizations to receive
government grants and other benefits. The government did not recognize
some religious groups such as Al Arqam, which was declared deviant and
banned in 1994; as such these groups sometimes registered themselves
under different names as businesses under the Companies Act.
The government maintained that views held by ``deviant'' groups
endangered national security. According to the JAKIM Web site, the
government identified and prohibited to Muslims 56 deviant teachings.
They included Ahmadiyya, Islamailiah, Shi'a, and Baha'i teachings. The
government asserted that ``deviationist'' teachings could cause
divisions among Muslims. Religious authorities, with the consent of a
Shari'a court, arrested and detained members of groups deemed
``deviationist'' in order to ``rehabilitate deviants'' and return them
to the ``true path of Islam.''
The religious affairs minister stated that members of these groups
were subject to prosecution, detention under the ISA, or
rehabilitation. Neither the government nor religious authorities
provided data on the number of persons subjected to prosecution or
rehabilitation.
The government continued to monitor the activities of the Shi'a
minority, and state religious authorities reserved the right to detain
Shi'a followers under the ISA as members of a ``deviant sect.''
The Selangor Islamic Affairs Department continued efforts to stop
the spread of the banned al-Arqam Islamic group. The Home Ministry
continued to investigate the group as a ``threat to national
security.'' Authorities closely monitored the group.
On September 16, the Selangor Islamic Religious Department arrested
Abdul Kahar Ahmad, a self-proclaimed prophet, for alleged deviant
teachings. The Selangor Shari'a High Court issued a detention order
against Abdul Kahar. On September 24, Abdul Kahar pleaded guilty to
five charges of deviationist teachings, including blasphemy and
spreading false belief and he asked those who followed his teachings to
repent. On October 21, the court sentenced him to 10 years'
imprisonment, a fine of 16,500 ringgit (approximately $4,710), and six
strokes of the cane.
The government generally respected non-Muslims' right of worship;
however, state governments have authority over the building of non-
Muslim places of worship and the allocation of land for non-Muslim
cemeteries. State authorities sometimes granted approvals for building
permits very slowly. Minority religious groups reported that state
governments sometimes blocked construction using restrictive zoning and
construction codes.
In practice Shari'a, as interpreted in the country, does not permit
Muslims, born into Islam, to convert to another religion. Shari'a
courts routinely denied requests to convert from Islam.
The law strictly prohibits non-Muslims from proselytizing Muslims;
proselytizing of non-Muslims faced no legal obstacles.
According to the Malaysian Consultative Council of Buddhists,
Christians, Hindus, Sikhs, and Taoists, the government continued to
restrict visas for foreign clergy under the age of 40 to inhibit
``militant clergy'' from entering the country. While representatives of
non-Muslim groups did not sit on the immigration committee that
approved visa requests for clergy, the committee asked the consultative
council for its recommendations.
Religious education is compulsory for Muslim children and follows a
government-approved curriculum. Muslim civil servants are required to
attend Islamic religious classes taught by government-approved
teachers.
The government generally did not ban distribution in peninsular
Malaysia of Malay-language translations of the Bible, Christian tapes,
and other printed materials, but it restricted distribution and
required ``Not for Muslims,'' be stamped on all Malay-language
materials. The distribution of Malay-language Christian materials faced
few restrictions in the eastern states of Sabah and Sarawak. During the
year the government banned books and publications on Islam alleged to
undermine the faith of Muslims.
The government generally restricted remarks or publications that
might incite racial or religious disharmony. This included some
statements and publications critical of religions, especially Islam.
The government also restricted the content of sermons at mosques. In
recent years both the government and the opposition party PAS have
attempted to use mosques in the states they control to deliver
politically oriented messages. Several states attempted to ban
opposition-affiliated imams from speaking at mosques.
Some religious minorities have complained that the government
undermined their rights in deference to the status of Islam.
Maintaining that the use of Allah as the translation for God by
Christians and in Christian literature could confuse the country's
Muslims and draw them to Christianity, the government banned the use of
the word Allah in the Catholic Herald in 2007. Ten of the country's 13
states issued fatwas (an edict issued by a religious authority)
prohibiting the use of Allah as a translation for God in non-Islamic
contexts. During the year customs officials confiscated 15,000 Malay-
language Bibles for use of the word Allah. On December 31, in response
to a suit by the Catholic Herald, the high court ruled against the
government's ban on non-Muslims' use of Allah. The government noted
that it would appeal the decision. Earlier, on December 16, the
government approved The Herald's publishing permit for 2010.
According to some women's rights advocates, women were subject to
discriminatory interpretations of Shari'a and inconsistent application
of the law from state to state.
In addition to the existing restrictions on personal attire imposed
upon Muslim women working in retail outlets and restaurants requiring
headscarves and allowing only faces and hands to be exposed, the
Kelantan municipal council forbade Muslim women working in food outlets
and business premises from wearing high heels and lipstick while at
work.
The states' religious police continued to conduct raids on private
homes, nightclubs, and other locations during the year to search for
Muslims engaged in offenses such as gambling, consumption of alcohol,
dressing immodestly, and engaging in sexual relations outside marriage.
The government provided no statistics regarding the raids.
On September 13, PAS Youth Deputy Chief Azman Shapawi announced the
party's plan to ban the sale of alcohol in Muslim majority areas in PR-
held states. The announcement drew criticisms and widespread attention.
On September 15, PR's leader Anwar Ibrahim and Selangor Chief Minister
Khalid Ibrahim reiterated that the state government was not planning to
ban the sale of alcohol.
Societal Abuses and Discrimination.--Political rhetoric using
religion raised tensions among different religious groups but did not
result in violence. No reliable estimate of the country's Jewish
population was available, and there were no locally based Jewish
communities or synagogues. There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice, 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 10,000 ringgit
(approximately $2,850), or both, and mandatory caning not to exceed six
strokes. In June the government stated that it had sentenced 47,914
migrants to be caned for immigration offences 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.
The government regulated the internal movement of provisionally
released ISA detainees. The government also used the Restricted
Residence Act to limit movements of those suspected of criminal
activities.
Citizens must apply for government permission to travel to Israel.
The constitution provides that no citizen may be banished or
excluded from the country. In June 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 Malaysian citizenship, forcing
him to continue to live in exile in Thailand.
Protection of Refugees.--The country is not a party to the 1951
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. 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 generally did not deport individuals registered
by the UNHCR and being processed for resettlement to third countries.
The government continued to deport some refugees and asylum seekers
but allowed certain refugees and persons of concern to remain, pending
resettlement to other countries. The government generally did not
distinguish between asylum seekers and illegal immigrants and detained
them in the same immigration detention centers. Beginning in April the
government provided preferential treatment to those individuals
carrying a UNHCR card.
There were an estimated three million foreign nationals in the
country, of whom one million were illegal and undocumented. Of this
latter group, approximately 90 percent were from Burma with Chin and
Rohingya being most numerous, and sizeable groups of Kachin, Karen, and
Mon. Additionally, 61,000 Filipino Muslims who fled the Moro insurgency
in the 1970s were reportedly living in the country.
During the year the UNHCR registered 75,617 persons of concern in
the country, 17,951 of whom were children and more than 90 percent were
Burmese. The majority of illegal migrants worked in construction,
restaurants, plantations, and garment factories, as well as 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 recent years there were many reports from NGOs, international
organizations, and civil society groups alleging that immigration
officials were involved in the trafficking of Burmese refugees from
IDCs to Thailand, where some refugees were sold into slavery (see
section 6, Trafficking in Persons). NGOs and international
organizations reported that since April, 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 now allow 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
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.
Although most asylum seekers traveled to Kuala Lumpur for
determinations, the UNHCR conducted mobile registrations in areas with
high concentrations of refugees because the UNHCR did not maintain a
presence at the country's border. During the year the UNHCR listed
10,267 persons as asylum seekers and 65,350 as refugees, approximately
92 percent of whom were Burmese citizens.
During the year the UNHCR submitted 10,228 refugees to third
countries for resettlement consideration. Third countries accepted and
resettled 7,202 refugees as of December 22. The remaining refugees
remained at risk of detention and deportation by immigration officials.
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 (jus
sanguinis). NGO estimates of the number of stateless persons ranged
from several thousand to as many as 30,000. A foreign government
estimated that approximately 10 to 20 percent of the 60,000 illegal
immigrants and persons of concern living in Sabah were stateless
children born in Sabah. Government officials denied stateless persons
access to education, health care, and the right to own property.
Some persons were stateless because the government refused to
register their birth due to inadequate proof of their parents'
marriage. Interfaith marriages not recognized by the government
sometimes resulted in undocumented, de facto stateless children.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens formally exercised this right in practice
through periodic elections based on universal suffrage; however, while
votes generally were recorded accurately, there were irregularities
that affected the fairness of elections, and this right was abridged in
practice.
Elections and Political Participation.--Opposition parties were
unable to compete on equal terms with the governing BN coalition, led
by the ethnic Malay UMNO party, which has held power at the national
level since independence in 1957, because of significant restrictions
on campaigning, freedom of assembly and association, and access to the
media. Nevertheless, opposition candidates campaigned actively, and in
the most recent national elections, held in March 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 seven of the eight local by-elections since the March 2008
general election.
On February 5, 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. The Sultan of
Perak dismissed the opposition-controlled state government and
appointed a BN state government. The ousted PR chief minister, Mohammad
Nizar Jamaluddin, filed a suit challenging the constitutionality of the
sultan's action. On May 11, the high court ruled in favor of Mohammad
Nizar, declaring that the sultan could not dismiss the chief minister
because the chief minister and the executive council were answerable to
the state assembly and no one else. On May 22, the Court of Appeal
overturned the high court decision and ruled in favor of the sultan. At
year's end Nizar's appeal of the Court of Appeal's decision was
pending.
On May 7, the Perak state assembly met for the first time since the
BN political takeover on February 5. Both the BN and PR attempted to
present their own chief minister and their own assembly speaker. Each
side attempted to set the agenda and pass motions without the
participation of the other side. The stalemate ended when plainclothes
police entered the chambers and dragged away PR Speaker V. Sivakumar.
After the police removed Sivakumar, the BN took control of the
assembly. Outside the assembly building, police arrested 64 PR
supporters, including five members of Parliament (MPs) and five state
representatives from outside Perak. Most were released the same day.
The BN maintained control of Perak while these issues were pending in
the courts.
In September 2008 police detained MP Teresa Kok, a senior Selangor
State cabinet minister, and senior member of the opposition Democratic
Action Party, under the ISA for ``causing tension and conflict among
races.'' Kok was released after seven days in detention. Subsequently,
in October 2008 the Malay-language newspaper Utusan published a
fictional article condoning the assassination of a female Chinese
politician who supported anti-Malay policies. Kok filed a lawsuit
against the newspaper in December 2008, claiming the article was a
veiled smear campaign against her that endangered her life. At year's
end the lawsuit was pending. On October 1, an anonymous person left a
death threat against Kok in a comment region on her blog.
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 March 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 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. All local and
city officials have been appointed by the central government 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 the end of September, two of the 32 cabinet ministers were
women. Women held 23 of the 222 seats in the lower house and 17 of the
68 Senate seats.
In practice the political dominance of the Malay majority meant
that ethnic Malays held the most powerful senior leadership positions.
Non-Malays filled 10 of the 32 ministerial posts and 18 of the 40
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. In December
2008 the government passed legislation replacing the Anticorruption
Agency with the MACC, which went into effect in January.
On November 23, in response to a high court ruling that witnesses
be questioned only between the hours of 8:30 a.m. and 5:30 p.m., MACC
Director of Investigations Datuk Mohd Shukri Abdull directed
investigators to ensure they started and stopped their interviews
during office hours. On December 17, the Court of Appeal ruled that
interrogations outside office hours were permissible.
On September 24, Transparency International reported that 70
percent of citizens believed the government was ineffective in fighting
corruption.
On May 28, the government declassified an independent audit on the
Port Klang Free Zone project that revealed that the construction cost
had escalated from 1.1 billion ringgit (approximately $314 million) in
2001 to an estimated 12.5 billion ringgit ($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. On October 7, 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. On December 9,
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. On
December 14, a fourth individual, Law Jenn Dong, an engineer, was also
arrested and charged.
In November the MACC director general stated the agency arrested
605 persons during the year, including 282 civil servants.
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. Documents concerning national security, defense, and
international relations were often categorized under the act. 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.
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.
The government cooperated with some international organizations
during the year. The government 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 September 9, SUHAKAM commemorated its 10th
anniversary. Forty-two NGOs boycotted the event, claiming frustration
over SUHAKAM's failure to proactively protect and promote human rights.
The NGOs also stressed the government's failure to make SUHAKAM
transparent, independent, and effective. In his opening remarks,
SUHAKAM Chairman Abu Talib Othman stated that SUHAKAM was an advisory
body with limited power and explained that the public needed to ``vote
the right people'' into Parliament in order for the SUHAKAM Act to be
amended to give it enforcement power.
SUHAKAM commissioners traveled throughout the country to educate
community leaders, including police officials, on the importance of
human rights. Commissioners also made several visits to prisons
throughout the country to monitor conditions. They repeatedly noted
that a major unresolved challenge was the slow government response to
their reports on major topics that touched on fundamental liberties.
Section 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, bumiputras), 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 September 2007 amendment to the Penal Code
criminalized marital rape. On August 5, 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 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 2,000
ringgit (approximately $570). 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.
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 Shari'a experts urged Muslim women to become more aware of the
provisions of Shari'a that prohibit spousal abuse and provide for
divorce on grounds of physical cruelty. Provisions in state Shari'a
laws, however, generally prohibit wives from disobeying the ``lawful
orders'' of their husbands and presented an obstacle to women pursuing
claims against their husbands in Shari'a courts. Muslim women were able
to file complaints in civil courts.
Prostitution is not a criminal offense, although soliciting is.
NGOs and international organizations estimated that 50,000 to 150,000
women were involved in prostitution. From January to October, 7,810
women from 21 countries were detained for involvement in prostitution.
Muslims engaged in prostitution face penalties under Shari'a for
engaging in sexual relations out of wedlock. Authorities routinely
arrested foreign prostitutes, usually as illegal immigrants or for
violating the terms of their nonimmigrant visas. Financially benefiting
from the prostitution activities of others is illegal, and the Attorney
General's Office prosecuted offenders.
A government voluntary code of conduct provides a detailed
definition of sexual harassment, which is meant to raise public
awareness of the problem, but women's groups advocated passage of a
separate law on sexual harassment. The Malaysian Employers Federation
opposed any attempt to legislate against sexual harassment in the
workplace, arguing that government-imposed policies would unduly
restrict the management of labor relations. On December 15, the Human
Resources Ministry announced that there had been 276 reported cases of
sexual harassment since 1999, of which 271 had been resolved.
Couples and individuals generally 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. The great majority of births were attended by skilled
medical personnel, and women generally had access to postpartum care.
Women and men generally had equal access to diagnostic and treatment
services for sexually transmitted infections.
Women's rights advocates asserted that women faced discriminatory
treatment in Shari'a courts due to prejudicial interpretations of
Islamic family law.
On August 24, 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.).
In October 2008 the National Fatwa Council issued a fatwa
prohibiting girls from acting and dressing like boys. This ``tomboy''
fatwa claimed such activity was a violation of the tenets of Islam and
encouraged homosexual conduct. Sisters In Islam noted that this fatwa
was only directed at women and was an example of the sexism and
discrimination against women in the country.
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 Shari'a that allow for divorce without the husband's
consent.
Non-Muslim women are subject to civil law. The Guardianship of
Women and Infants Act gives mothers equal parental rights. Four states
extend the provisions of the act to Muslim mothers, and women's groups
continued to urge the other states to do the same.
The government undertook a number of initiatives to promote
equality for women and the full and equal participation of women in
education and the work force. For example, the Women's Ministry
developed programs and workshops to encourage women to enter the
business community and operate small- and medium-sized enterprises.
Women experienced some economic discrimination in access to
employment. On December 28, 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. The
percentage of women at the decision-making level in government was less
than 20 percent and was lower than that in the private sector. Women
were routinely asked their marital status during job interviews. In
September 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 risked 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.
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 Shari'a, even if
she is under the age of 18 and her partner is an adult. Shari'a courts
sometimes were more lenient with males charged with khalwat, although
in many cases Muslim men were charged and punished for statutory rape
under civil law.
Child prostitution existed, but child prostitutes often were
treated as delinquents or illegal immigrants rather than victims.
Sabah had a problem of street children. Estimates ranged from a few
hundred to 15,000 children born in the country to illegal immigrant
parents, some of whom were deported. These children lacked citizenship
and access to government-provided support and often resorted to menial
labor, criminal activities, and prostitution to survive. Child
trafficking remained a problem (see below).
Trafficking in Persons.--The Antitrafficking in Persons Act 2007
prohibits all forms of trafficking in persons. However, persons were
trafficked to, from, through, and within the country. The government
can also use other laws, such as the Child Act, the Immigration Act,
and the Restricted Residence Act, to arrest and detain traffickers.
Trafficking in persons was a serious problem. The country was a
destination, and to a lesser extent, a source and transit point for men
and women trafficked for the purposes of sexual exploitation and forced
labor. Foreign trafficking victims, mostly women and girls from Burma,
Mongolia, the People's Republic of China (PRC), Indonesia, Cambodia,
Thailand, the Philippines, and Vietnam, were trafficked to the country
for commercial sexual exploitation. Many economic migrants, mostly from
Nepal, Burma, the PRC, Vietnam, Thailand, the Philippines, Cambodia,
Pakistan, Bangladesh, and Indonesia, working as domestic servants or
laborers in the construction, factories, and oil-palm and rubber
plantations and logging companies, faced exploitative conditions that
met the definition of involuntary servitude.
Foreign trafficking victims experienced involuntary confinement,
confiscation of travel documents, debt bondage, physical abuse, and
forced drug use. The government had not yet reconciled its
antitrafficking and passport laws with Memoranda of Understanding
(MOUS) with nearby countries that allow employers to confiscate foreign
workers' passports and travel documents, which is a contributing factor
to trafficking. It remained common practice for employers to confiscate
passports. Some female sex trafficking victims said that they were
lured to the country by promises of legitimate employment but were
forced into prostitution upon their arrival.
According to the police, the Bar Council, SUHAKAM, and victims,
many foreigners found to be involved in prostitution may have been
trafficking victims. Foreign embassies, NGOs, and government
authorities reported that police and NGOs rescued and repatriated more
than 880 trafficking victims during the year. The police referred the
327 women rescued from commercial sexual exploitation to the
government-operated trafficking shelter; 68 of the women were certified
as trafficking victims. Although the Antitrafficking Act indicates that
victims of trafficking should be identified, the government has not yet
developed or implemented procedures to identify victims of trafficking
among the migrant worker population. Some foreign governments expressed
concern about the lack of legal protections in place for foreign
workers, particularly those subjected to involuntary servitude. Some
unidentified victims, including children, were routinely processed as
illegal migrants and held in prisons or illegal migrant detention
centers prior to deportation. A small number of Malaysian women and
girls were trafficked for sexual purposes, mostly to Singapore, Macau,
Hong Kong, and Taiwan, but also to the United Kingdom, Japan,
Australia, and Canada. According to police and ethnic Chinese community
leaders, female citizens who were victims of trafficking were usually
ethnic Chinese, although ethnic Malay and Indian women also were
exploited as prostitutes.
Trafficking of Malaysians domestically also remained a problem.
Women from rural areas, indigenous groups, such as the Orang Asli, and
ethnic Indians were particularly vulnerable to domestic trafficking for
sexual and labor exploitation. The Malaysian Trade Union Congress
(MTUC) estimated a significant number of workers, foreign and domestic,
worked in conditions equating to involuntary servitude; however,
reliable data was unavailable to provide credible estimates.
According to a United Nations Children's Fund report released in
September, trafficking of children for sexual exploitation,
pornography, and cheap labor occurred. Contributing factors were the
large numbers of refugees, migrants, and stateless children who are
vulnerable to exploitation, and inadequate laws to protect the rights
of these groups.
There were credible reports of Malaysian immigration officials'
involvement in the trafficking of Burmese refugees along the Thai
border. Immigration officials allegedly received 700 ringgit
(approximately $200) per person. Several local NGOs estimated
immigration officials handed over a significant number of Burmese
refugees transported to the border to traffickers. Traffickers demanded
ransom, ranging from 1,000 ringgit ($300) for children to 1,900 ringgit
($560) for adults, in exchange for freedom and transportation back to
Malaysia. Informed sources estimated 20 percent of the victims were
unable to pay the ransom and were sold for the purposes of labor or
sexual exploitation. Some reports indicated traffickers sold small
children not freed by ransom to child-beggar syndicates in the region.
Police and NGOs believed that criminal syndicates were behind most
trafficking of migrant workers. Employment agencies were also believed
to be heavily involved in trafficking migrant workers.
Since its passage, the government convicted five individuals under
the Antitrafficking Act. The first successful prosecution was in
December 2008 when Indian citizen Punitha Raja pled guilty to sexually
exploiting her maid into prostitution and was sentenced to eight years
in prison. The government stated that police and prosecutors were still
learning how to use the new law, so a number of cases continued to be
prosecuted under immigration or labor laws.
The government's multiagency council prepared a five-year action
plan to combat trafficking. Since February the police arrested 173
persons under the act and charged 23. At year's end 17 cases were
pending in court and 36 were under investigation. More than 80 percent
of the cases involved sex trafficking. On July 20, five immigration
officials were arrested under the Antitrafficking Law for their
involvement in the trafficking of Burmese refugees. By year's end
prosecutors had charged one of the officers.
Under the Antitrafficking Act, any person convicted of trafficking
an adult is subject to a maximum imprisonment term of 15 years and a
possible fine. A person convicted of trafficking a child receives a
minimum sentence of three years and maximum of 20. Any person profiting
from the exploitation of a trafficked person may serve a maximum of 15
years and pay a minimum fine of 50,000 ringgit (approximately $14,706)
and maximum of 500,000 ringgit ($147,058).
The government assisted some underage persons exploited as
prostitutes and rescued some trafficked women and girls. In addition to
a women's shelter and a children's shelter in Kuala Lumpur, the
government opened a new women's shelter in Sabah State on July 15. At
year's end the government had two shelters for female victims and one
shelter for child victims of trafficking. The government was renovating
a facility near Kuala Lumpur International Airport with a capacity of
600 persons to serve as a shelter for male victims. The Antitrafficking
Act mandates placement of potential victims of trafficking into
approved shelters to permit enforcement officers to investigate their
trafficking claims. However, shelter space was inadequate to hold all
identified victims. Victims in government-run shelters did not have
access to rehabilitative or counseling services. The law requires
victims to participate in the prosecution of their traffickers;
however, in practice very few did. The law requires that, after
providing evidence in a trafficking investigation, victims be turned
over to immigration for deportation. Victims typically were deported
within 90 days, although a significant number remained for six months
or longer. Police continued to work with NGOs and occasionally referred
foreign trafficking victims to shelters operated by NGOs. Police
participated in NGO and foreign-funded antitrafficking seminars.
The government initiated consultations, seminars, and training
workshops to disseminate implementation procedures for enforcing the
country's antitrafficking law. The Home Ministry initiated and launched
an antitrafficking campaign utilizing radio, television, and print
media to increase public awareness of trafficking issues.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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.
In July 2008 Parliament passed the Persons with Disabilities Act.
The act recognizes the rights of the disabled 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 disabled persons 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 bumiputras, who constituted a
majority of the population. Such programs limited opportunities for
nonbumiputras 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 nonbumiputra 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
bumiputra community. Ethnic Indian citizens, who did not receive such
privileges, remained among the country's poorest groups. Another goal
of this policy is for bumiputras to hold 30 percent of the nation's
wealth. According to several studies, the program reached or exceeded
this target; however, official government figures placed bumiputra
equity at 18.9 percent. The government did not respond to public
requests to make its methodology available.
In 2006 the minister of higher education stated that the nation's
17 public universities employed few nonbumiputra deans. At the
Universiti Malaya, 19 of 20 deans were bumiputras; in many other
universities, deans were exclusively bumiputras. They also accounted
for more than 90 percent of the country's almost 1.15 million civil
servants at the end of the year. The percentage has steadily increased
since independence in 1957.
On April 22, Prime Minister Najib announced that the government had
lifted the 30 percent bumiputra 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.
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 141,000, constituted the
poorest group in the country. Government statistics in 2007 categorized
approximately 77 percent of Orang Asli households as living below the
poverty level. In apparent contradiction to the 2007 statistics, in
September 2008 the Department of Orang Asli Affairs (JHEOA) claimed
that fewer than 10,000 of the 28,000 Orang Asli households lived below
the poverty line. A government-sponsored national advisory council
monitored the development of Orang Asli, but only five of the council's
17 members were Orang Asli. In addition, only one Orang Asli held a
management position in the government's Department of Orang Asli
Affairs. Under its ninth economic plan covering the years 2006-10, the
government allocated slightly more than 377.8 million ringgit
(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 100 million ringgit ($28.6 million) for development of lands
inhabited by the Orang Asli and another 20 million ringgit ($5.7
million) to curb inflationary pressures. JHEOA 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 November 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.
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. On July 15, 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.
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.
On August 20, 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. On September 17, the police tore
down the blockades and subsequently denied using any force in the
removal of the blockades.
On August 20, in a separate incident, police arrested 17 persons
from the Penan and other indigenous groups for demonstrating against a
proposed dam, which would require a large-scale relocation of
indigenous groups.
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. On September 9, Minister of Women, Family, and Community
Development Shahrizat Jalil confirmed that Penan girls had been raped
and molested by timber company workers. On September 10, the minister
announced that the timber company was identified and police would take
further action. On October 1, the Penan Support Group, a coalition of
35 NGOs, released a joint press statement questioning the government's
sincerity in investigating the alleged rape and sexual abuse of Penan
girls and women in Sarawak. 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.
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.
Other Societal Violence or Discrimination.--The government's
response to HIV/AIDS was generally nondiscriminatory, although
stigmatization of AIDS sufferers was common. In December 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 9 percent of the labor force, a slight
increase from 8.9 percent in 2008.
Those restricted by law from joining a union include public sector
workers categorized as ``confidential, managerial, and executive,'' as
well as defense and police officials. However, according to the
International Trade Union Confederation (ITUC), the 2007 amendments to
the IRA made it more difficult for workers to form unions because the
director general and the minister also have absolute authority to
determine designations of workers' status as ``confidential,''
``managerial,'' or ``executive,'' leading to possible systemic abuse by
employers. In theory foreign workers can join a trade union; however,
the Immigration Department barred foreign workers from holding trade
union offices, and most foreign workers' contracts banned them from
joining a trade union.
The TUA prohibits interfering with, restraining, or coercing a
worker in the exercise of the right to form trade unions or
participation in lawful trade union activities. However, the act
restricts a union to representing workers in a ``particular
establishment, trade, occupation, or industry or within any similar
trades, occupations, or industries.'' In addition, the director general
of trade unions has broad discretion to refuse to register a trade
union and to withdraw the registration of an existing trade union based
on provisions outlined in the act. When registration is refused,
withdrawn, or canceled, a trade union is considered an unlawful
association; there were no reports of any such actions during the year.
MTUC officials continued to express frustration about delays in the
settlement of union recognition disputes. While the IRA requires that
an employer respond to a union's request for recognition within 21 days
of application, it was not uncommon for such applications to be refused
and unions to go unrecognized for one to four years. 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.
Government policy inhibited the formation of national unions in the
electronics sector, the country's largest industry, because it has
``pioneer status,'' which affords certain investment incentives. The
government stated that establishment of national unions in the
electronics sector would impede foreign direct investment and
negatively affect the country's international competitiveness in the
sector; government leaders stated that enterprise-level unions were
more appropriate for the electronics industry. According to MTUC
officials, 150,000 electronics workers were unable to organize, and
only eight in-house unions existed in the electronics industry.
Unions maintained independence from both the government and
political parties, but individual union members may belong to political
parties. Although by law union officers may not hold principal offices
in political parties, individual trade union leaders have served in
Parliament. Trade unions were free to associate with national labor
congresses, which exercised many of the responsibilities of national
labor unions, although they cannot bargain on behalf of local unions.
Trade unions were permitted to affiliate with international trade
union organizations, such as global union federations and the ITUC,
subject to the approval of the director general of trade unions.
Although private-sector strikes are legal, the right to strike is
severely restricted. Strikes or lockouts are prohibited while the
dispute is before the industrial court. The law contains a list of
``essential services'' in which unions must give advance notice of any
industrial action. The list includes sectors not normally deemed
essential under 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. Employees in the
public sector do not have the right to collective bargaining.
The IRA requires the parties to notify the Ministry of Human
Resources that a dispute exists before any industrial action may be
taken. The ministry's Industrial Relations Department then may become
involved actively in conciliation efforts. If conciliation fails to
achieve settlement, the minister has the power to refer the dispute to
the industrial court. The IRA prohibits employers from taking
retribution against a worker for participating in the lawful activities
of a trade union. However, some trade unions questioned the
effectiveness of the provisions. The IRA limits worker compensation to
a maximum of two years from the time the employee is laid off.
b. The Right to Organize and Bargain Collectively.--Workers have
the legal right to organize and bargain collectively, and collective
bargaining was widespread in those sectors where labor was organized.
There are two national labor organizations. The MTUC is a society
of trade unions in both the private and government sectors and is
registered under the Societies Act. As such, the MTUC does not have
collective bargaining or industrial action rights but provides
technical support for affiliated members. The other national
organization is the Congress of Unions of Employees in the Public and
Civil Service (CUEPACS), a federation of public employee unions
registered under the TUA.
CUEPACS is an umbrella organization that included 127 distinct
civil servant unions with approximately 300,000 members out of one
million civil servants, represented by an estimated 160 unions. Teacher
unions accounted for 140,000 of CUEPACS' 300,000 members. CUEPACS 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.
Government regulations limited CUEPACS' negotiating power and
virtually eliminated its right to organize strikes. CUEPACS sought a
minimum wage for civil servants; however, by year's end the government
had no plans to institute a 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. Critics alleged that the industrial court was
slow to adjudicate worker complaints when conciliation efforts by the
Ministry of Human Resources failed.
The government holds that issues of transfer, dismissal, and
reinstatement are internal management prerogatives; therefore, they are
excluded from collective bargaining.
Companies in export processing zones must observe labor standards
identical to those in the rest of the country. Although the electronics
sector's pioneer status inhibits organizing, many companies had ``in-
house unions'' ; however, these were seen as controlled by management
and were not allowed to affiliate with national union umbrella bodies.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor; however, there were reports that
such practices occurred. Although the Malaysian Passport Act 1966
criminalizes possession of someone else's passport ``without legal
authority,'' the existence of 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 being victims of human trafficking and forced labor.
Rights groups complained that 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. Following a series of cases of poor treatment, including
an incident when employers abandoned 2,000 workers at Kuala Lumpur's
airport, in October 2008 the government imposed a ban on issuing new
work permits for guest workers from Bangladesh. Indebted to their
employers due to excessively high recruitment fees and without their
passports, these workers were effectively forced to work long hours,
accept lower wages than promised, allow wage deductions, and live in
poor housing. Forced labor conditions reportedly occurred in some palm
oil and rubber plantations, factories manufacturing computer
components, garment production, restaurants, and in domestic
households.
Some of the estimated 220,000 to 280,000 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. During the year the
two countries were 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 June 18, 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. If
convicted, Yuan Tyung could face imprisonment for up to 20 years. She
was granted bail of 15,000 ringgit (approximately $4,285) on the
condition she report to the police station once a month as well as
surrender her passport.
On September 19, the Indonesian ambassador announced that the
Embassy would only renew passports of domestic workers if employers
agree to pay a minimum monthly salary of 500 ringgit ($145).
On October 26, Mautik Hani, 26, an Indonesian woman working as a
maid in Selangor died from injuries sustained allegedly at the hands of
her employer, A. Murugan. On October 20, 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. On November 3, he pled not guilty to the charges.
The case was pending at year's end.
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, as the government preferred to allow market
forces to determine wages. Prevailing market wages generally provided a
decent standard of living for citizens, although not for all migrant
workers. Wage councils, established by a 1947 act to provide a
recommended minimum wage for sectors in which the market wage was
deemed insufficient, had little impact on wages in any sector.
According to MTUC officials, the wage councils had not met 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 350 ringgit (approximately $100) per month. Proponents
of the agreement said that productivity incentives and bonuses raised
the prevailing wage to 700 ringgit ($200). Labor activists and human
rights NGOs reported that debt bondage was practiced in some
plantations, where whole families of ethnic Indians and migrant workers
were placed into forced labor conditions.
Under the Employment Act, working hours may not exceed eight hours
per day or 48 hours per workweek of six days. Each workweek must
include a 24-hour rest period. The act also sets overtime rates and
mandates public holidays, annual leave, sick leave, and maternity
allowances. The Labor Department of the Ministry of Human Resources is
responsible for enforcing the standards, but a shortage of inspectors
precluded strict enforcement.
Illegal foreign workers employed by licensed outsourcing companies
and provided to factories on an as-needed basis have no legal
protection under the law and limited legal options for recourse in
cases of abuse.
Foreign migrant laborers, legal and illegal, often worked under
difficult conditions, performed hazardous duties, had their pay
withheld by employers, and had no meaningful access to legal counsel in
cases of contract violations and abuse.
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 581 ringgit
(approximately $166). 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 100 ringgit (approximately $29) to renew. Renewal is
subject to the discretion of 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 450 to 600 ringgit
(approximately $130 to 170) 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.
An NGO reported that in 2007 a labor-outsourcing company recruited
foreign workers to work at a foreign-owned electronics plants in the
country. Each worker paid approximately 5,000 ringgit (approximately
$1,400) and signed a contract guaranteeing work for 27 months at a
salary of 800 ringgit ($225) per month. Their passports were allegedly
confiscated and they were taken to a dormitory near the plant. For 10
months they worked at the plant, earning approximately 875 ringgit
($250) per month. In November 2008 work at the plant slowed, and
several workers were returned to the outsourcing company. The
outsourcing company then reportedly sent them to work in restaurants, a
glove factory, a poultry farm, a frozen fruit plant--all in
contradiction to their contracts. During this time the employers
allegedly withheld their pay. Some obtained legal counsel and filed a
civil claim against the outsourcing company. The civil trial was
pending at year's end.
Another NGO reported that between 2005 and 2007, a foreign-owned
microchip manufacturing plant hired 80 foreign workers, through two
foreign recruiting agencies. These workers were promised a minimum
salary of 700 ringgit (approximately $200) per month. After three
months of training, the manufacturing plant allegedly reduced their pay
to half of the guaranteed minimum. In May 2008 several workers
complained and demanded to speak to management. The manufacturing plant
reportedly called the police and threatened to have the workers
arrested. Those workers who refused to return to work were repatriated
to their home countries. On July 4, eight workers filed a civil case
against the company, which was pending at year's end.
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.
__________
MARSHALL ISLANDS
The Republic of the Marshall Islands is a constitutional republic
with a population of approximately 65,000. In 2007 voters elected the
parliament (Nitijela) in generally free and fair multiparty elections.
On October 21, a vote of no confidence in the parliament removed
Litokwa Tomeing from presidential power. On October 26, the parliament
elected speaker Jurelang Zedkaia as president. Civilian authorities
generally maintained effective control of the security forces.
The government generally respected the human rights of its
citizens; however, prison conditions, government corruption, violence
against women, child abuse, and lack of worker protections were areas
of concern.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards.
Lighting, ventilation, and sanitation were inadequate, and there
was no program to ensure regular access to outside activity. Security
was poor.
One prisoner reportedly died at a temporary holding facility on
Ebeye Island. An investigation into the death was pending at year's
end.
According to a High Court official, the country's only national
prison on Majuro Atoll held 50 inmates as of December 21. There were no
specialized prison facilities for female prisoners, including
juveniles; they generally were held under house arrest, although some
female offenders were held in a separate police substation. Some male
juveniles were held together with the general prison population.
Pretrial detainees were not separated from the general prison
population.
There were no requests for prison visits by independent human
rights observers.
In November the government completed renovation on half of the
prison on Majuro Atoll and transferred prisoners with the worst
criminal records to the newly renovated space. During the first night
of operation, prisoners destroyed the new facility and 17 prisoners
escaped. Police located the escapees and returned them to custody. At
year's end all prisoners were housed in the substandard portion of
Majuro jail pending renovation of the entire facility, which was
expected to begin once the parliament allocates funds in early 2010.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force, and the government
has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the police
force during the year.
Arrest Procedures and Treatment While in Detention.--Under the
constitution and law, a warrant issued by a court is required for an
arrest if there is adequate time to obtain one. The courts have
interpreted this provision to exempt situations such as a breach of the
peace or a felony in progress. The law provides detainees with the
right to a prompt judicial determination regarding the legality of the
detention, and 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. In March Chief Justice Carl Ingram criticized the
government for the unlawful detention of Bai Lanej, a defendant who was
held in a Majuro prison for 13 months without a court hearing.
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.
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. They may question witnesses, examine
government-held evidence, and appeal convictions. The constitution
extends these rights to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is no separate
judiciary in civil matters, but there are administrative remedies for
alleged wrongs, including human rights abuses, as well as judicial
remedies within the general court system.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. For
most citizens, however, Internet access was limited by small bandwith,
slow connections, and high prices. Internet access was the most
expensive in the world, according to visiting International Monetary
Fund and World Bank representatives.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination against religious groups, including
anti-Semitic acts. There were few known Jews in the country.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The occasion did not arise during the year for government
cooperation with the Office of the UN High Commissioner for Refugees or
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The law does not prohibit forced exile, but the government did not
employ it.
Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees and 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.
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.
On October 26, the legislature elected Jurelang Zedkaia as
president after a no-confidence vote on October 21 removed President
Litokwa Tomeing from power.
The most recent elections for the Nitijela were held in November
2007. Some ballot boxes were recounted on the initiative of the chief
electoral officer, which caused accusations of impropriety and
assertions that the boxes should have been reopened only with a court
order. A team of independent election observers from the Pacific
Islands Forum stated in its initial report that the election, while
poorly managed, was conducted in a democratic manner, enabling voters
to exercise their will freely. 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.
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. 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, Social Security Administration director, banking
commissioner, and chief public defender.
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. World
Bank indicators reflected that corruption was a serious problem.
Budgetary problems persisted, but independent auditors gave the
government an unqualified audit for 2008, noting improvements.
Public officials are not subject to financial disclosure laws. The
Attorney General's Office is responsible for investigating cases of
alleged corruption. No cases were prosecuted during the year. No high-
level elected official has ever been indicted for corruption. Voters
tend to look to representatives for financial assistance, which
pressured elected officials to use government authority to provide
patronage to extended family members and supporters. This frequently
led to allegations of nepotism in government hiring, especially for
teachers, where studies found serious differences between teacher pay
and qualifications. Officials also have used their positions to protect
family members from prosecution for alleged wrongdoing.
The individual who was appointed chairman of the Environmental
Protection Agency (EPA) board in 2008 was removed, an action that
appeared to resolve the conflict of interest between the chairmanship
and the business affairs of the country's largest private firm. There
were no known developments in the attorney general's investigation into
the circumstances surrounding the firing of an EPA employee after he
commented on the conflict of interest. In addition the minister of
justice, who had also been associated with the same firm, resigned from
the cabinet and rejoined the firm, thus removing conflict-of-interest
concerns.
The law does not provide specifically for public access to
government information. Although there is no specific statutory basis
for denying such information, the government held that the burden for
overcoming a denial of access rests with the public, and a court filing
showing the reason the information is required was often necessary.
Section 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).
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 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 effectively. However, most
observers believed that few sexual offenses were prosecuted, since
cultural constraints discouraged victims from reporting such crimes to
the police. The law establishes penalties of up to 25 years'
imprisonment for first-degree sexual assault.
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,
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. According to a High Court official, no
rape cases were filed in the country during the year; of the four
previous sexual assault cases brought before the High Court, two
resulted in convictions and two, acquittals.
The courts have promulgated rules designed to protect women filing
rape charges during court testimony, and women's groups under the NGO
Women United Together in the Marshall Islands continued to publicize
women's issues and promote greater awareness of women's rights.
Prostitution is illegal but reportedly occurred at low levels on
the Majuro and Kwajalein atolls. No reports of prostitution were filed,
and no cases were brought before the courts during the year.
Sexual harassment is not prohibited by law, but it was not
apparently considered a widespread or serious 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 were given equal access to diagnostic services
and treatment for sexually transmitted infections.
Women generally enjoyed 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 oldest son or husband 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.
Children.--The country provided universal birth registration, and
citizenship was derived both by birth within the country's territory
and from one's parents.
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 (the U.S. dollar
is the national currency), or incidental expenses. The lack of school
lunch programs in public schools was cited as another factor that
contributed to absenteeism and poor performance.
Child abuse and neglect are criminal offenses, but public awareness
of children's rights remained low, and child abuse and neglect were
considered increasingly common. Convictions for violation are
punishable by up to 25 years in prison, depending on the degree of the
offense. The law requires teachers, caregivers, and other persons to
report instances of child abuse and exempts them from civil or criminal
liability as a consequence of making such a report. Nonetheless, there
were few reports or prosecutions.
The minimum age of consensual sex is 14. The country's statutory
rape law provides penalties of up to 25 years' imprisonment. There are
no laws addressing child pornography.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, there were no reports that persons
were trafficked to, from, through, or within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities.
There was no apparent discrimination against persons with physical or
mental disabilities in employment, education, access to health care, or
the provision of other state services; however, there were no building
codes and no legislation mandating access for such persons. The
government provided minimal support for persons with mental
disabilities.
Persons who could be medically defined as psychotic were imprisoned
with the general prison population and visited by a doctor. When prison
officials protested the disruptions caused by this practice, other
arrangements, such as house arrest, were made.
There is no government agency specifically charged with protecting
the rights of persons with disabilities. The attorney general is
responsible for handling court cases involving complaints of
discrimination against persons with disabilities, but no such cases
were brought during the year. Authorities declared November 15-21 as
``Disability Week'' to spread awareness of the rights and concerns of
persons with disabilities.
National/Racial/Ethnic Minorities.--In contrast with previous
years, there were no known reports of the government selectively
enforcing immigration laws against migrants from the People's Republic
of China (PRC) and no reports of immigration officials seizing PRC
passports from their holders at the airport and arresting them.
Some ethnic Chinese reported being threatened or attacked based on
their race and receiving regular racial slurs. In July a Chinese ship
captain was assaulted in Majuro by a gang of local men. No arrests were
made in connection with the incident. The local press reported that
attacks on Chinese sailors by youth gangs were common. Other ethnic
Chinese stated it was common for taxi drivers to refuse to stop for
Chinese passengers.
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 known law
criminalizing homosexual conduct. There were no known lesbian, gay,
bisexual, and transgender organizations or marches in the country.
There were no reports of official or societal discrimination against
groups 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 had a limited history and culture of organized labor. In
January public school teachers formed the country's first labor union.
The 110-member union did not engage in negotiation or collective
bargaining during the year, and there were no reports of government
restrictions on activity.
The law does not provide for the right to strike, and the
government has not addressed this issue.
b. The Right to Organize and Bargain Collectively.--There is no
legislation concerning collective bargaining or trade union
organization. Wages in the cash economy were determined by market
factors in accordance with the minimum wage and other laws.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits involuntary servitude, and there were no reports of its
practice among citizens. Officials suspected that some forced or
compulsory labor existed among the illegal alien population.
The law does not specifically prohibit forced and compulsory labor
by children; however, there were no reports that such practices
occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no law or regulation setting a minimum age for employment of
children. Children typically were not employed in the wage economy, but
it was common for children to assist their families in fishing,
agriculture, retailing, and other small-scale enterprises.
e. Acceptable Conditions of Work.--The law establishes a minimum
wage of $2.00 per hour for both government and private-sector
employees. The national minimum wage did not provide a decent standard
of living for a worker and family. However, in the subsistence economy,
extended families were expected to help less fortunate members, and
there often were several wage earners to support each family. The
Ministry of Resources and Development adequately enforced the minimum
wage regulations. Foreign employees and local trainees of private
employers who had invested in or established a business in the country
were exempt from minimum wage requirements. This exemption did not
affect a significant segment of the workforce.
A government labor office makes recommendations to the Nitijela on
working conditions, such as the minimum wage, legal working hours and
overtime payments, and occupational health and safety standards, and
the office periodically convenes board meetings that are open to the
public. There is no legislation concerning maximum hours of work or
occupational safety and health. On Sunday most businesses were closed,
and persons generally refrained from working. No legislation
specifically gives workers the right to remove themselves from
situations that endanger their health or safety without jeopardy to
their continued employment, and no legislation protects workers who
file complaints about such conditions. The government did not conduct
any inspections of workplace health and safety conditions during the
year. The law protects foreign workers in the same manner as citizens.
__________
MICRONESIA, FEDERATED STATES OF
The Federated States of Micronesia is a constitutional republic
composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Its
population was approximately 108,000. The popularly elected unicameral
legislature selects the president from among its four at-large senators
(one from each state). There were no formal political parties. The most
recent elections for Congress, held in March, were considered generally
free and fair, despite technical problems and some allegations of fraud
in Chuuk. In May 2007 Congress chose Emanuel Mori as president.
Individual states enjoyed significant autonomy, and traditional leaders
retained considerable influence in Pohnpei and Yap. Civilian
authorities generally maintained effective control of the security
forces.
The government generally respected the human rights of its
citizens. Reported human rights problems included judicial delays,
government corruption, discrimination against women, domestic violence,
and child neglect.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and the
government generally respected these provisions; however, there were
five complaints by prisoners alleging brutality by corrections officers
(three in Kosrae State and two in Chuuk State). The authorities
determined that four of those cases were without foundation. In the
fifth case a judge in Chuuk ruled that an officer should be fired for
police brutality. Chuuk's director of public safety demoted the
officer, but the officer remained on the force.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards.
At year's end, the country's four states had 76 prisoners held in
jails with a capacity of 150 prisoners. Pretrial detainees usually were
held 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.
The government permits prison visits by human rights observers, but
none occurred during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Law enforcement
agencies in Chuuk remained staffed with friends and relatives of
powerful individuals. Civilian authorities maintained effective control
over the national, state, and local police forces, however, and the
government had effective mechanisms to investigate and punish abuse.
There were no reports of impunity involving the police forces 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. All
defendants have the right to counsel; however, the public defender's
office was underfunded, and not all defendants received adequate legal
assistance in practice.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
The formal legal system coexists with traditional, mediation-based
mechanisms for resolving disputes and dealing with offenders at the
local level. 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 were
public, although juveniles were allowed closed hearings. Judges conduct
trials and render verdicts; there are no juries. Defendants enjoy a
presumption of innocence and have the right to counsel, to question
witnesses, to access government-held evidence, and to appeal
convictions. The law extends these rights to all citizens. There is a
national public defender system with an office in each state. Despite
these provisions, cultural resistance to litigation and incarceration
as methods of maintaining public order allowed some persons to act with
impunity. Serious cases of sexual and other assault and even murder did
not go to trial, and suspects routinely were released indefinitely.
Bail, even for major crimes, usually was set at low levels.
Underfunding of the court system and delays in Chuuk significantly
impaired its judiciary's ability to function efficiently. Chuuk's
backlog of approximately 3,000 cases extended to 2005. Chuuk struggled
to overcome the backlog in the absence of one judge who was on paid
sick leave during the entire year. The states of Kosrae, Pohnpei, and
Yap reported no significant case backlogs.
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 contains an express right to privacy
that prohibits such actions, and the government generally respected
these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of expression but 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
peaceful expression of views via the Internet, including by e-mail.
Cost and lack of infrastructure limited public Internet access on the
outlying islands in each state. On the four principal islands,
infrastructure was adequate, but cost still limited access. However,
each state telecommunications office had Internet work stations
available to the public 24 hours a day for reasonable hourly fees.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination against any religious groups. There
were no known Jewish communities in the country and no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country. Foreign travel, emigration, and
repatriation are addressed in other areas of the law. In practice, none
of these rights were restricted. The government cooperated with the
Office of the UN High Commissioner for Refugees and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
The law does not explicitly prohibit forced exile; however,
statutes that prescribe punishments for crimes do not provide for the
imposition of exile, and the government did not employ it.
Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees and its 1967 protocol,
and the government has not established a system for providing
protection to refugees. There were no formal requests for refugee
status or asylum during the year. In practice the government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened 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 last general elections
were held in 2007 and were generally free and fair. In March the
country held national congressional elections and statewide elections
in Chuuk, and there were allegations of polling fraud. International
election monitoring and review concluded that while Chuuk experienced
some procedural irregularities, 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 another
woman was sworn in as a justice on the Pohnpei State Supreme Court late
in the year. No women ran for office in the 2008 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 14-member 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.
In April a court convicted a former ambassador for ``over-
obligation of government funds'' and sentenced him to three years'
imprisonment.
Also in April, Congress expelled a senator convicted in March 2008
of felonious embezzlement of government funds, because the constitution
prohibits a felon from serving in Congress.
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 February 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 their release was
permissible. There were no reported cases of government denial of
access to media, but there were only a small number of media outlets,
and their reporting resources were limited.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Although there were no official restrictions, no local groups
concerned themselves exclusively with human rights. Several groups
addressed problems concerning the rights of women and children, and the
government often cooperated with these groups.
Section 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
in Kosrae and $10,000 in the other states. If neither a dangerous
weapon nor serious harm is involved, the assault is punishable in all
states by up to five years' imprisonment or a fine. Few cases were
reported or prosecuted, however; such crimes were underreported due to
social stigma. 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.
There were no governmental or private facilities to shelter and
support women in abusive situations. However, in October Pohnpei State
began a program of domestic violence education that included a hotline.
The Department of Public Safety (DPS) also began training its officers
to handle domestic violence situations. The DPS hopes that its program
will eventually lead to legislation and support programs.
Within the traditional extended family unit, violence, abuse, and
neglect directed against spouses or children were deemed offenses
against the family, not just the individual victims, and were addressed
by a complex system of familial sanctions. However, traditional methods
of coping with family discord were breaking down with increasing
urbanization, monetization of the economy, and greater emphasis on the
nuclear family. No government agency, including the police, has
succeeded in replacing the extended family system or in addressing the
problem of family violence directly.
Prostitution is illegal and was uncommon, although the police
alleged that a small number of prostitutes were available to fishermen
temporarily docked in Pohnpei. National and state law enforcement
authorities began an investigation into the problem as some local women
reportedly engaged in prostitution; the investigation continued at
year's end.
The law does not prohibit sexual harassment, and anecdotal reports
suggested that it was pervasive.
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 through medical facilities. The lack of media prevented
public information campaigns. Women and men were given equal access to
diagnostic services and treatment for sexually transmitted infections.
Women have equal rights under the law, including the right to own
property, and there were no institutional barriers to education or
employment. Women received equal pay for equal work. Societal
discrimination against women continued, however, and cultural mores
encouraged differential treatment for women. For example, in Yap State
women 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 an active national women's
advisory council that lobbied the government. Additionally, several
small NGOs were interested in women's issues, particularly those
associated with family violence and abuse. The Women's Interest Section
of the Department of Health and Social Services worked to protect and
promote women's rights.
Children.--A child gains citizenship if one or both parents were
citizens. Individual states maintain birth records.
Government health care and education programs were inadequate to
meet the needs of children. The problem was exacerbated in an
environment in which the traditional extended family unit was losing
its importance.
Although a compulsory education law requires all children to begin
school at age six, not all did so. A shortage of qualified teachers and
lack of textbooks hampered progress. Children were permitted to leave
school when they reached the age of 14 or after completing the eighth
grade.
Child abuse is against the law, although the constitution provides
for a right of parental discipline. Crime statistics indicated no
complaints of, or arrests for, child abuse during the year, but
cultural attitudes regarding parental discipline limited the reporting
of abuse. There were some anecdotal reports of child abuse and neglect.
The states' statutory rape laws apply to children age 13 and below
in Chuuk, Yap, and Kosrae, age 15 and below in Pohnpei. The penalties
vary according to state--Chuuk: five years' imprisonment, $5,000 fine;
Kosrae: 10 years, $20,000 fine; Yap: 10 years, $10,000 fine; Pohnpei:
five years, $5000 fine. Only Pohnpei state 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.
Trafficking in Persons.--National and state laws do not
specifically prohibit trafficking in persons, and there were
allegations that persons were trafficked from and to the country,
although no trafficking victims were discovered during the year. A
court in Guam convicted the owners of a local bar and their Chuukese
accomplices for conspiracy to commit sex trafficking and enticement to
travel for the purpose of prostitution. The bar owners, indicted in
2008, admitted that they had recruited at least nine women from Chuuk
to work as prostitutes from 2005 to 2007. Most local law enforcement
officials believed that the case was isolated, reflecting economic
problems in Chuuk, and that trafficking was not endemic in the country.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination in
public service employment against persons with disabilities. Children
with physical or mental disabilities, including learning disabilities,
were provided with special education, including instruction at home if
necessary; however, such classes were dependent on foreign funding.
There were no reports of discrimination against persons with
disabilities in employment, access to health care, or provision of
other state services; however, persons with disabilities usually did
not seek employment outside the home.
Neither laws nor regulations mandate accessibility to public
buildings or services for persons with disabilities. The national
Health Services Department is responsible for protecting the rights of
persons with disabilities.
Due to a lack of facilities for treating mentally ill persons, some
persons with mental illnesses but no criminal background were housed in
jails. The authorities provided separate rooms in jails for persons
suffering from mental illness, and state health departments provided
medication as part of their programs to provide free treatment to all
mentally ill residents.
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 lesbian, gay, bisexual,
or transgender organizations, but there were no impediments to their
operation. There were no reports of violence, official or societal
discrimination, or workplace discrimination against such 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 coercion,
discrimination, or reprisals. No workers, including foreign workers,
were prohibited from joining unions, but for a variety of reasons--
including the fact that most private-sector employment was in small-
scale, family-owned businesses and citizens were not accustomed to
collective bargaining--there were no unions.
There is no specific right to strike, but no law prohibits strikes.
b. The Right to Organize and Bargain Collectively.--No law deals
specifically with trade unions or with the right to collective
bargaining. Since there were no unions, there were no reports of
collective bargaining agreements during the year. Individual employers,
the largest of which were the national and state governments, set
wages.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.
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. Other minimum wages
are set by each state's legislature. All states had a minimum hourly
wage for government workers: $2.00 in Pohnpei, $1.25 in Chuuk, $1.42 in
Kosrae, and $0.80 in Yap. Only Pohnpei had a minimum wage for private
sector workers: $1.35 per hour. These minimum wage structures and the
wages customarily paid to skilled workers were sufficient to provide a
decent standard of living for a worker and family. The minimum wage was
enforced through the tax system, and this mechanism was believed to be
effective.
There are no laws regulating hours of work (although a 40-hour
workweek was standard practice) or prescribing standards of
occupational safety and health. A federal regulation requires that
employers provide a safe workplace, but the Department of Health had no
enforcement capability, and working conditions varied in practice.
There is no law for either the public or private sector that permits
workers to remove themselves from dangerous work situations without
jeopardy to their continued employment.
Foreign workers were not subjected to abuse or deported without
cause. They have the right to a hearing if facing deportation.
Working conditions aboard some Chinese-owned fishing vessels
operating in the country's waters were very poor. Crewmen reported a
high incidence of injuries, beatings by officers, and nonpayment of
salary.
__________
MONGOLIA
Mongolia, with a population of approximately three million, is a
multiparty, parliamentary democracy. The most recent presidential
election, held on May 24, was considered largely free and fair. Former
prime minister Tsakhiagiin Elbegdorj of the opposition Democratic Party
won the election, defeating incumbent Nambaryn Enkhbayar of the
Mongolian People's Revolutionary Party (MPRP). The goverment, led by
Prime Minister Sukhbaatariin Batbold, continued to be dominated by an
MPRP majority but managed under a unity government with the Democratic
Party. Civilian authorities generally maintained effective control of
the security forces.
The government generally respected the human rights of its
citizens; however, the following human rights problems were noted:
police abuse of prisoners and detainees; impunity; poor conditions in
detention centers; arbitrary arrest, lengthy detention, and corruption
within the judicial system; continued refusal by some provincial
governments to register Christian churches; secrecy laws and a lack of
transparency in government affairs; 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.--In contrast with
2008, there were no reports that the government or its agents committed
arbitrary or unlawful killings.
In the case of the July 2008 protest resulting in the deaths of
five persons, 10 police officers suspected of firing upon civilians
were investigated by the Special Investigation Unit (SIU). Amnesty
International reported that four senior police officials, including the
national chief of police, the chief of the Metropolitan Police, and the
heads of the Units for Patrol and Public Order, were also investigated
for allegedly giving the order to open fire. The investigation was
completed on February 15, and the case file was provided to the police
officials under investigation. Although they were given one month to
read the file, they did not do so until November. The Prosecutor's
Office in turn would not consider bringing charges before it received
the file. On December 2, a Working Group of the Human Rights
Subcommittee of the State Great Hural (parliament) held the country's
first public hearings, in which police officers, citizens, and human
rights attorneys testified regarding the July 2008 events. At year's
end the Working Group was drafting a report on the findings with
recommendations to address violations to be reviewed by the Sub-
Committee on Human Rights and the Permanent Committee on Laws.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, police,
especially in rural areas, occasionally beat prisoners and detainees.
The use of unnecessary force--particularly to obtain confessions--in
the arrest process reportedly was common.
Nongovernmental organizations (NGOs) claimed that guards or police
sometimes meted out cruel punishment to inmates at police stations 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 SIU of the State Prosecutor General's Office (SPO)
received 30 complaints from citizens against police officers suspected
of torture, of which 27 were dismissed and three led to convictions.
The NHRC stated that some incidents of 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; none had resulted in arrests or charges by
year's end. According to an NHRC survey of 569 inmates, 94 percent
declared that they had not faced torture, discriminatory treatment, or
abuse. Amnesty International reported that all complaints passed to the
Prosecutor's Office from the NHRC were dismissed and that the
Prosecutor's Office refused to provide explanations for their
dismissal.
Prison and Detention Center Conditions.--Conditions in prisons were
poor but improved significantly during the year. The low quality of
medical care available to prisoners remained a concern. The Prison
Department reported that there were 5,200 prisoners, of whom 315 were
women and 10 were juveniles.
Conditions at pretrial detention facilities remained poor. Sources
reported incidents of detainee abuse and forced confessions.
Additionally, overcrowding and low quality medical care threatened the
health of detainees. There were approximately 600 detainees in the sole
facility serving Ulaanbaatar in Gands-khudag, built originally for 500.
At times cells held eight persons in spaces intended for two or three.
Many inmates entered prison infected with tuberculosis (TB) or
contracted it in prison. The government quarantined and treated victims
at its TB hospital.
The NHRC monitored conditions at several prisons and the Gands-
khudag detention center. Monitors from the diplomatic and human rights
community were granted unaccompanied meetings with prisoners during the
year.
NGOs reported that prison conditions improved during the year,
particularly with regard to general cleanliness and ventilation. With
the construction of 12 new prison facilities since 2006 and the
refurbishing of old ones, overcrowding in prisons subsided.
Additionally, university-educated social workers and psychologists
increasingly were employed full time for consultations with prisoners.
Prisoners were offered a greater range of vocational, educational,
outdoor, and religious activities. NGOs provided clothing, food, books,
English-language instruction, and vocational training in prisons and
detention centers.
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 (MOD), the Ministry
of Justice and Home Affairs (MOJHA), and the General Intelligence
Agency (GIA). The MOD oversees national defense and assists in
providing domestic emergency assistance and disaster relief, in support
of internal security forces. The national police and the Border Force
operate under the MOJHA. The GIA is responsible for both internal
security and foreign intelligence collection and operations. The GIA's
civilian head reports directly to the prime minister. The SPO
supervises undercover activities of the police and the intelligence
agencies.
Corruption in law enforcement agencies was endemic. The
government's Independent Agency Against Corruption (IAAC) investigated
some police officers but did not make public the results of any such
investigations. There were no major changes to prevent police from
abusing detainees or punish those who did so. However, the government
made efforts to improve the training and professionalism of the
security forces.
Mechanisms to investigate police abuses remained inadequate as
investigatory units lacked the resources to pursue all allegations.
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. The SIU investigates allegations of
misconduct by law enforcement personnel, prosecutors, and members of
the judiciary. During the year the SIU received 518 complaints against
law enforcement officials, opened cases on 171 of these complaints,
refused to open cases on 240 complaints, and transferred 107 complaints
to other agencies. At year's end 32 cases were under investigation. The
SIU investigated a total of 379 subjects--208 police officers, 126
civilians, 32 investigators, eight intelligence agency officers, two
judges, and three prosecutors.
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, but this was used with less frequency than in
2008. Arrest without a warrant was less common than in previous years.
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 of 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 were 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
problems. Bribery could contribute to the dismissal of a case or
reduction of a recommended sentence. Blackmail and identity fraud were
also sources of corruption.
During the year there was one misconduct case opened concerning
judicial corruption. The judge in question was found guilty but spared
punishment under the president's July blanket amnesty law. In the two
cases involving judges pending at the end of 2008, one resulted in an
acquittal and the other remained in trial.
The judiciary consists of district and provincial courts as well as
the Supreme Court and the Constitutional Court. District courts
primarily hear routine criminal and civil cases, while more serious
cases, such as murder, rape, and grand larceny, are sent to the
provincial courts. Provincial courts also serve as appeals courts for
lower court decisions. The 17-member Supreme Court is the court of
final appeal, hearing appeals from lower courts and cases involving
alleged misconduct by high-level officials. The Constitutional Court,
which is separate from criminal courts, has sole jurisdiction over
constitutional questions.
The General Council of Courts nominates candidates for vacancies on
the courts; the president has the power to approve or refuse such
nominations. The council also is charged with protecting the rights of
judges and providing for the independence of the judiciary.
Trial Procedures.--The law provides for the right to a fair public
trial by a judge. The law provides that defendants are innocent until
proven guilty. 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 as well as
judicial remedies are available for alleged wrongs. Corruption and
outside influence were problems in the civil judicial system, and
enforcement of court orders was also a problem. Although by law victims
of police abuse can sue for damages, in practice few were able to claim
compensation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the government generally respected these
rights in practice. Government interference with licensing and indirect
intimidation of the press, particularly broadcast media, was evident.
A variety of newspapers and other publications represented both
major political parties and independent viewpoints. The MOJHA licensed
newspapers, television and radio broadcasters, and magazines. The media
law bans censorship of public information and any legislation that
would limit the freedom to publish and broadcast; however, perceived
self-censorship continued to be a problem. The government monitored all
media for compliance with antiviolence, antipornography, antialcohol,
and tax laws.
While there was no direct government censorship, the press alleged
indirect censorship in the form of government and political party
harassment, such as frequent libel complaints and tax audits. The law
places the burden of proof on the defendant in libel and slander cases.
Both libel and ``insult'' were criminal charges.
Observers stated that many newspapers were affiliated with
political parties, or owned (fully or partly) by individuals affiliated
with political parties, and that this affiliation strongly influenced
the published reports. The observers also noted that underpaid
reporters frequently demanded payment to cover or fabricate a story.
Broadcast media 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 or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to the Information and Communication Technology Agency
(ICTA), there were 45 Internet service providers in the country, and
all provinces had Internet connectivity. Internet access continued to
expand during the year to remote areas as a result of government and
private-sector efforts. According to a survey done by ICTA in March, 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.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
All NGOs, including religious groups, were required to register
with the General Registration Agency (GRA). Local assemblies approve
applications at the local level, after which the GRA issues the
registration. Registration and reregistration procedures were
burdensome for religious groups and could take years. The length and
documentation requirements of the process reportedly discouraged some
organizations from applying. Some provincial authorities reportedly
used the registration process to limit the number of places for
religious worship; however, this practice was not universal.
According to NGOs the government's approval of places of worship
was not a straightforward process. No religious organization was
prevented from acquiring land on which to build a house of worship, but
to circumvent bureaucratic problems, in many cases land was first
acquired by an individual and then transferred to the organization
following construction of the house of worship. Some places of worship
avoided being authorized as such because of bureaucratic difficulties
and instead characterized themselves as a fitness center or a cultural
center. Twenty-seven places of worship registered for the first time
during the year--15 Christian, seven Buddhist, and five shamanist.
In Tov Province, near Ulaanbaatar, authorities continued routinely
to deny church registrations. One church that was denied registration
sued provincial authorities in December 2008. The provincial court,
Ulaanbaatar Court of Appeals, and Supreme Court all ruled in favor of
the church in February, April, and June, respectively. However, local
authorities took no steps to register the group.
The law does not prohibit proselytizing, but it forbids the use of
incentives, pressure, or ``deceptive methods'' to introduce religion.
Societal Abuses and Discrimination.--Societal attitudes were
generally tolerant, and there was little overt or egregious
discrimination based on religion.
The Jewish population remained very small, and there were no
reports of anti-Semitic acts during the year.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government generally 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 is not a party to the 1951
Convention relating to the Status of Refugees, and its laws do not
provide the granting of asylum or refugee status. However, in practice
the government provided some protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened 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 elections held on the basis of universal suffrage. The law
limits the president to two four-year terms. Parliamentary and local
elections are held separately, also for four-year terms.
The law provides that the majority party in 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 on May 24, the former prime minister and
candidate of the opposition Democratic Party, Tsakhiagiin Elbegdorj,
won the election, defeating MPRP incumbent Nambaryn 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. Five 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. Two of the
15 cabinet ministers were women, as were seven of the 17 Supreme Court
justices. Women and women's organizations were vocal in local and
national politics and actively sought greater female representation in
government policymaking.
There were three ethnic Kazakhs serving in the parliament. There
were no members of minorities 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 police, judiciary, and
customs service. Varying degrees of corruption at most levels of
government resulted in a blurring of the lines between the public and
private sectors. Conflicts of interest were frequent. The problem was
compounded by ineffective governmental oversight bodies and media that
frequently failed to expose corruption.
The criminal code proscribes the acceptance of bribes by officials
and provides for fines or imprisonment of up to five years. It also
outlaws offering bribes to government officials. Corruption-related
arrests and convictions were rare but increasing. Despite this, the
sentences of a number of officials convicted of accepting bribes were
commuted under a blanket amnesty law passed in July.
The IAAC, 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 IAAC
is also required to review the asset declarations of public servants,
including police officers and members of the military, and this was
carried out in practice. The IAAC received approximately 1,050 reports
of improprieties during the year, of which it referred more than 660
for criminal investigation.
Government and parliamentary decision making was not transparent,
and public legislative hearings were rare. Meetings of the standing
committees of the parliament were not open to the press or the public.
Nevertheless, in December the Human Rights Subcommittee of the State
Great Hural held the first public subcommittee hearing since the
country's democratization. General sessions of the parliament were
largely open to the public, although not in all cases. The far-reaching
State Secrets Law inhibited freedom of information and government
transparency while also undermining accountability. The law also
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. In its reports the NHRC
repeatedly criticized the government for abuses of the power of arrest
and detention, poor conditions in detention and prison facilities,
lengthy detentions without trial, and failure to implement laws related
to human rights. However, at the December 2 hearing, NHRC Chairwoman
Solongo broadly retracted the criticisms of law enforcement, claiming
that their conclusions had been incorrect.
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 223 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 minority 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 some cases not being referred to prosecutors.
The criminal code outlaws sexual intercourse through physical
violence (or threat of violence) and provides for sentences of up to
five years. If the victim is injured or is a minor, the penalty can
reach five to 10 years. Such a crime resulting in death, victimizing a
child under 14 years of age, or committed by a recidivist may result in
15 to 25 years' imprisonment or application of 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 women's NGOs, often were reluctant to
intervene in what was viewed as an internal family matter. At year's
end only 20 cases had been tried under the 2004 law. On December 24,
the government established 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
in 2007 that one in three women was subject to some form of domestic
violence, and one in 10 women was battered. Seven persons were
convicted of domestic violence and given restraining orders during the
year. The NCAV stated that it provided temporary shelter to 490 persons
at its five 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 provided approximately 14
million tugrik (approximately $9,500) to the NCAV for its five
shelters, and the Government Stock Fund provided approximately an
additional 13 million tugrik ($9,000). Dundgovi and Tuv provinces
provided two million tugrik ($1,400) and 1.5 million tugrik ($1,000) to
their respective local shelters as well.
Prostitution is illegal, as is public solicitation for prostitution
and organizing prostitution. Women's activists claimed that in
Ulaanbaatar there were hundreds of brothels posing as saunas, massage
parlors, and hotels. Some were occasionally raided by police.
Nevertheless, the overall infrequency of raids allowed brothels to
operate de facto. Some women worked abroad in the sex trade; an unknown
number of them were trafficked. 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 the society on what constituted
inappropriate behavior, making it difficult to gauge the actual extent
of the problem. An NHRC survey found that one of every two employed
women under the age of 35 identified herself as a victim of workplace
sexual harassment.
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, a 2008 study by the women's rights
group MONFEMNET found instances in reproductive care facilities of long
waiting times, a lack of confidentiality, and unprofessional treatment
by medical personnel. They also uncovered a lack of information on
reproductive health services and options. 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. Women's activists
stated that in at least two areas--information technology and mining--
women were paid less than men for the same work.
Women represented approximately half of the workforce, and a
significant number were the primary wage earners for their families.
The law prohibits women from working in certain occupations that
require heavy labor or exposure to chemicals that could affect infant
and maternal health, and the government effectively enforced these
provisions. Many women occupied midlevel positions in government and
business 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. However, women's activists said
that because businesses were usually registered under the husband's
name, ownership was increasingly transferred automatically to the
former husband.
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 Ministry of Social Welfare and Labor. In the
parliament there was a Standing Committee on Social Policy, Education,
and Science that focused on gender matters. There were approximately
100 women's rights NGOs concerned with problems such as maternal and
child health, domestic violence, and equal opportunity.
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 (NCC), 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 of teenage girls kidnapped,
coerced, and deceived across the country 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 victims of commercial sexual exploitation;
however, NGOs claimed other police officers worked with procurers and
brothel keepers.
Although society has a long tradition of raising children in a
communal manner, societal and familial changes orphaned many children.
Child abandonment was a problem; other children were orphaned or ran
away from home as a result of parental abuse, much of it committed
under the influence of alcohol.
According to the NCC, there were 48 temporary shelters and
orphanages. There was one government-funded shelter, operated by the
National Center Against Violence. The police oversaw an Address
Identification Center in the capital where they temporarily provided
accommodation to street children. With a capacity of 70, it was often
overcrowded in the winter. Approximately 1,500 children lived in
shelters countrywide, while 100 children were estimated to be living on
the street.
Trafficking in Persons.--Criminal code article 113, reformed in
February 2008, specifically prohibits the ``sale or purchase of
humans'' and provides for imprisonment of up to three years, or in
egregious cases, up to 15 years. It covers the recruitment,
transportation, and harboring of trafficking victims. The country
remained a source of internal and transnational trafficking of men,
women, and children for forced labor and sexual exploitation.
According to a local NGO study conducted during the year, women
between 18 and 25 years of age were most vulnerable to trafficking,
particularly those with low incomes or unemployed. Most were trafficked
abroad, where they were victims of commercial sexual exploitation. Most
trafficking victims were taken to China, which Mongolian citizens can
visit without visas. However, cases with destinations such as
Kazakhstan, South Korea, Japan, Macau, Hong Kong, Malaysia, Turkey, and
Switzerland were alleged or confirmed. Local NGOs cited an increase in
internal sex trafficking, including cases in which girls ages 13 to 17
were abducted, largely from the countryside, and forced into
prostitution.
The Gender Equality Center operated a trafficking hotline without
government funding that received 182 calls related to trafficking in
persons during the year. The decrease from 236 calls in 2008 was
attributed to a loss of outside funding for a number of months and the
resultant interruption of services and advertising. The center and
other NGOs also helped Mongolians who had ended up in debt-bondage
situations abroad. There also were reports of involuntary servitude by
women who entered into marriages with foreigners, predominantly South
Korean men.
The criminal code provides for three years' imprisonment, fines, or
forced labor for a person convicted of the sale or purchase of humans.
The sentence can reach 10 years if the crime is committed against a
minor or against two or more persons, or if it is for the purpose of
forced prostitution. If the same crime is committed by an organized
criminal organization or inflicts ``grave harm,'' it can be punishable
with a prison term of 10 to 15 years.
Of the seven trafficking cases pending at the close of 2008, two
resulted in guilty verdicts, leading to prison sentences ranging from
seven to 11 years and the disbursal of approximately 4.3 million tugrik
($3,000) in fines from perpetrators to victims of trafficking. At
year's end police reported investigating 11 cases of trafficking in
persons under article 113.
The government took limited steps to prevent trafficking, identify
and prosecute offenders, and assist victims. The government continued
to rely heavily on NGOs and the international community to provide most
victim services and prevention activity.
During the year the International Organization for Migration and
NGOs provided trafficking-related training to immigration officials,
police investigators, prosecutors, railway police, GIA officials, and
officials of the Ministries of Foreign Affairs and Social Welfare and
Labor, among others. In addition foreign law enforcement experts
trained local police on techniques for investigating trafficking and
developing cases.
During the year 51 trafficking victims located abroad were
repatriated. According to the Gender Equality Center, 27 of these were
victims of labor exploitation in Turkey. The center assisted them with
their reintegration.
Rather than file trafficking charges under the more severe article
113 of the criminal code, prosecutors proceeded under article 124,
Organized Prostitution, which is easier to prove and carries lighter
sentences. During the year 54 persons reported themselves to law
enforcement authorities as victims of trafficking, and nine suspects
were convicted under article 113, according to the Supreme Court
research center.
Corruption was a problem, and there were reports of law enforcement
officials directly involved in or facilitating trafficking crimes,
including assisting traffickers in identifying potential victims. Some
high-level government and police officials reportedly were clients of
minors forced into prostitution, but the government did not investigate
or take disciplinary action against law enforcement officers alleged to
be involved in trafficking-related corruption.
NGO representatives reported that protections for victims and
witnesses were extremely limited, and most assistance was provided by
NGOs rather than the government. Social stigma inhibited victims from
speaking out. The Gender Equality Center operated two shelters for the
protection of trafficking victims without government support.
With the assistance of NGOs, customs officials distributed
information to outward-bound citizens. However, the leaflets were not
given uniformly. Rather, officials reportedly put them in the passports
of only those women they judged to be likely prostitutes. NGOs
expressed dismay at this incomplete and arbitrary means of
distribution.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The labor law prohibits discrimination
in employment and education against persons with disabilities. The Law
on Social Protection of the Disabled gives provincial governors and the
Ulaanbaatar governor the responsibility to implement measures to
protect the rights of persons with disabilities. However, 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 97,000 persons with
disabilities over the age of 15 in the country, of whom 20 percent were
employed. The government provided tax benefits to enterprises that
hired persons with disabilities, whom some firms hired exclusively. The
law requires workplaces to hire one person with disabilities for every
25 employees. Persons injured in industrial accidents had the right to
reemployment when ready to resume work, and the government offered free
retraining at a central technical school. The reemployment right was
generally enforced in practice.
There is no general law mandating access to buildings for persons
with disabilities, and no government buildings were accessible to such
persons. Public transportation was also largely inaccessible to persons
with impaired mobility.
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 the country's 42,000 children with
disabilities, nearly two-thirds 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 such benefits, the amount of financial assistance
was low, and it did not reach all persons with disabilities. According
to the MNFDPO, of the country's 97,000 persons with disabilities,
approximately 42,000 received an allowance from the government's Social
Welfare Fund, and 46,000 persons received allowances from the Social
Insurance Fund.
Persons with disabilities could not fully participate in the
political process. Little accommodation was made for persons with
disabilities at polling stations, and there were no such
representatives in the parliament. According to an MNFDPO survey, 80
percent of all eligible voters with disabilities voted by guessing,
since they were not able to obtain adequate information about
candidates or their parties' platforms. Persons with sight and hearing
disabilities also had difficulty remaining informed about public
affairs due to a lack of accessible broadcast media.
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. There was one
such business incubator under the MNFDPO, located in Ulaanbaatar.
National/Racial/Ethnic Minorities.--The constitution states that
``all persons lawfully residing within Mongolia are equal before the
law and the courts.'' However, some foreign businesspersons resident in
the country complained that government tax and licensing authorities
subjected them to much greater scrutiny than domestic competitors.
Other foreign entrepreneurs complained privately that they were
disproportionately targeted for shakedowns by corrupt government
officials, including police. Furthermore, they were targeted with
frivolous criminal law suits in the event of business disputes, forcing
them to leave the country or undergo an onerous process of clearing
their names.
A small number of nationalist and xenophobic groups threatened
Chinese residents' personal safety and businesses, as well as the
safety of any Mongolian women who associated with Chinese men. During
the year there were several credible reports of violence against
Chinese residents, estimated to number more than 12,000. The government
took steps to protect the rights of Chinese residents.
Chinese construction workers, when away from their work sites, were
sometimes subjected to hostility and suspicion from host-country
citizens.
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.
The government impeded the free association of lesbian, gay,
bisexual and transgender (LGBT) groups. The State Registration Agency
refused in multiple instances to register the LGBT Centre,
alternatively asking for bribes and declaring its name to be
``immoral,'' but registered the group in December.
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 gay men 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 at 209,000. Approximately 400,000 workers were self-
employed; of these, 241,000 belonged to a union. 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 reported two strikes during the year, including
by miners at the Boroo Gold Mine and technicians at the Aero Mongolia
airline.
If an employer fails to comply with a recommendation by a majority
of workers, with union involvement or without, employees may exercise
their right to strike. The government prohibits third parties from
organizing a strike.
Persons employed in essential services, which the government
defines as occupations critical for national defense and safety and
including police, utility, and transportation, do not have the right to
strike.
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.
Approximately 52 percent of workers were covered by collective
agreements. The Labor Dispute Settlement Commission resolves disputes
involving an individual; disputes involving groups are referred to
intermediaries and arbitrators for reconciliation.
The law protects the right of workers to participate in trade union
activities without discrimination, and the government protected this
right in general. Nevertheless, in the strike against Aero Mongolia,
the administration and courts did not recognize the rights of mechanics
to establish a company-level trade union, allowing the company to fire
those workers seeking to unionize. The case remained in appeal at
year's end. The government does not allow intervention in collective
bargaining by third parties.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law specifically
prohibits forced or compulsory labor, including by children; however,
there were isolated reports that such practices occurred.
The NHRC stated that military officials reportedly subjected
subordinates to forced labor, such as cutting firewood, digging
ditches, or working at construction sites owned by the superiors'
friends or relatives.
An estimated 250 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.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under the age of 16 from working, although those
who are 14 or 15 years of age may work up to 30 hours per week with
parental consent. Those under age 18 may not work at night, engage in
arduous work, or work in hazardous occupations such as mining and
construction. Labor inspectors assigned to regional and local offices
were responsible for enforcement of these prohibitions as well as all
other labor regulations. Inspectors have the authority to compel
immediate compliance with labor legislation, but enforcement was
limited, due to the small number of labor inspectors and the growing
number of independent enterprises.
Children worked informally in petty trade, scavenging in dumpsites,
in unauthorized small-scale mining, and herding animals. Widespread
alcoholism and parental abandonment made it necessary for many children
to have an income to support themselves. The NCC placed 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 horse races range from two to nearly 20 miles. The state bans
child jockey racing during the coldest period (October 18 through
February 13) and enacted regulations regarding headwear. Nonetheless,
in practice very few child jockeys used helmets.
e. Acceptable Conditions of Work.--The legal minimum wage was
108,000 tugrik per month (approximately $75). 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 Ministry of Social Welfare and Labor 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 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 Ministry of Social Welfare and Labor had an
insufficient number of labor standards inspectors according to the
Mongolian Confederation of Trade Unions (MCTU). Inspections were
conducted both proactively and in response to complaints filed. An MCTU
representative stated that fines leveled against companies not
complying with labor standards were insufficient in many cases 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. According to the MCTU, there
were 53 deaths and 366 injuries during the year, significantly lower
than the 162 deaths and 491 injuries reported for 2008. Workers have
the right to remove themselves from situations that endanger health or
safety without jeopardy to their employment, and authorities enforced
this right.
Foreign workers, a majority of whom were Chinese mining and
construction workers, generally enjoyed the same protections as
citizens, despite often working in low-wage jobs and living under
Spartan conditions. However, the Ministry of Social Welfare and Labor
did not monitor the working or living conditions of North Korean
laborers, who were employed primarily in the construction and service
industries.
__________
NAURU
Nauru is a constitutional republic with a population of
approximately 10,700. The most recent parliamentary elections, held in
April 2008, were generally free and fair. There were no formal
political parties. The unicameral parliament elects one of its members
to be the president, who is both chief of state and head of government.
Marcus Stephen has served as president since 2007. Civilian authorities
generally maintained effective control of the security forces.
The government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse. Few human rights problems
were reported.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Prison and Detention Center Conditions.--The country's only prison
was damaged by fire in March 2008. The government undertook repairs,
which were continuing at year's end. Repairs to the perimeter fence and
most of the interior of the existing prison buildings were completed,
including repairs to cells and ablution facilities, and prison
conditions generally met international standards. The maximum number of
prisoners that the existing facilities were able to hold was 35, and
the prison had 35 prisoners accommodated in cells and dormitories.
Short-term detainees (those held for no more than 24 hours, generally
for drunk and disorderly behavior), including juveniles, were
accommodated in shipping containers converted into cells.
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.
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.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--The relationships among
religions generally were amicable, although there was a degree of
societal intolerance toward religions other than established Christian
denominations. There was no known Jewish community, and there were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Neither the constitution nor law
specifically provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, but the government
generally respected these rights in practice. The government cooperated
with the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Neither the constitution nor law prohibits forced exile; however,
the government did not use it.
Protection of Refugees.--The 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.--In April 2008 President
Marcus Stephen called new parliamentary elections in an effort to break
a parliamentary deadlock between government and opposition members of
Parliament (MPs). Following the elections, in which three opposition
MPs lost their seats, Parliament reelected Stephen as president.
Multiple candidates stood for all parliamentary seats in each of the
country's eight constituencies. Political parties could operate without
restriction or outside interference, but there were no formal parties.
Independent election observers concluded that the 2008 elections
were credible, with voters able to exercise their will freely.
There are no legal impediments to participation in politics by
women, but in general women traditionally have been less prominent in
politics than men. Four women stood as candidates in the 2008
parliamentary elections, but none was elected. The country's permanent
representative to the UN 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 18-member Parliament or
the cabinet.
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. There were some
allegations of government corruption during the year.
In March, together with Kiribati and Tuvalu, the country signed a
memorandum of understanding to establish a subregional audit support
program, a new 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 are no legal provisions providing 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. From November 30 to December 1, the government hosted a
visit from the Regional Rights Resource Team of the Secretariat of the
Pacific Community to discuss legal and policy issues dealing with
women's rights.
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. There were two rape
convictions during the year. 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 indicated that
sporadic abuse occurred, often aggravated by alcohol use. Families
normally sought to reconcile such problems informally and, if
necessary, communally. The police and judiciary treated major incidents
and unresolved family disputes seriously.
Prostitution is illegal, and there were no reports of such activity
during the year.
Some forms of sexual harassment are crimes, but sexual harassment
was not a serious problem.
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 married women surveyed
used some form of contraception. The majority of those surveyed who did
not use contraception gave as the reason that they wanted more
children; the remainder indicated they did not believe in using
contraceptives. 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.
However, in practice societal pressures and the country's impoverished
economic circumstances often limited opportunities for women to
exercise these rights fully. The Women's Affairs Office was responsible
for promoting professional opportunities for women.
Children.--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 country's economic crisis.
Child abuse statistics were not compiled, but anecdotal evidence
indicated that abuse occurred. During the year two persons were
convicted of ``indecent sexual treatment'' of children under age 14.
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.
Trafficking in Persons.--The constitution and law do not
specifically prohibit trafficking in persons; however, the constitution
prohibits forced labor, and the penal code criminalizes ``deprivation
of liberty.'' There were no reports that persons were trafficked to,
from, through, or within the country.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip/.
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities. Nonetheless, there
was no reported discrimination against persons with disabilities in
employment, education, access to health care, or the provision of other
state services. No legislation mandates services for persons with
disabilities or access to public buildings. Department of Education
teachers provided rudimentary schooling for a small group of students
with disabilities, holding classes in a teacher's home, as no classroom
was available.
There is no government agency with specific responsibility for
protecting the rights of persons with disabilities. There are no formal
mechanisms to protect persons with mental disabilities.
National/Racial/Ethnic Minorities.--Ethnic Chinese composed
approximately 5 percent of the population. A pattern of petty theft,
property damage, and assault directed at the ethnic Chinese community
continued during the year. Police attributed most attacks on ethnic
Chinese to economic motivations and noted a general trend of theft-
related attacks on the country's few private businesses, such as stores
and restaurants.
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 under this provision. 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 status.
Section 7. Worker Rights
a. Right of Association.--
The constitution provides for the right of citizens to form and
belong to trade unions or other associations. However, the country has
virtually no labor laws, nor does it have any formal trade unions.
Historically, the transient nature of the mostly foreign workforce
hampered efforts to organize trade unions.
The right to strike is not protected, prohibited, or limited by
law. There were no strikes during the year.
b. The Right to Organize and Bargain Collectively.--Although there
were no legal impediments, collective bargaining did not take place. A
tiny private sector, mostly family-run stores and restaurants, employed
approximately 1 percent of salaried workers. Salaries, working hours,
vacation periods, and other employment matters for government workers
are governed by public service regulations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.
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 4.33
million. Citizens choose their representatives in free and fair
multiparty elections, most recently held in November 2008. The National
Party won 58 parliamentary seats and formed a minority coalition
government; John Key became the new prime minister. Civilian
authorities generally maintained effective control of the security
forces.
The government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse; however, indigenous people
disproportionately experienced societal problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. The government
permitted monitoring visits by independent human rights observers, and
such visits occurred during the year.
On March 1, a prisoner was killed by fellow inmates at Auckland
Prison. Three men were charged with murder and a fourth was charged as
an accessory. The case remained pending at year's end. The family
complained that there was inadequate supervision at the prison.
At year's end the prison population was 8,196. Of these, 493 were
female; 553 were between the ages of 15 and 19; and 4,140 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 house prisoners who are under 17 years of age.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police, and the government has
effective mechanisms to investigate and punish abuse and corruption.
There were no reports of impunity involving security forces during the
year.
Arrest 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. Family members were
granted prompt access to detainees. Authorities 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 and used by citizens.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
Societal Abuses and Discrimination.--Relations among religions
generally were amicable, although there were isolated instances of
societal abuses or discrimination based on religious belief or
practice.
The Jewish community numbered approximately 7,000 persons. Anti-
Semitic incidents were rare.
The HRC received 20 complaints regarding a well-publicized case in
January in which a cafe owner asked two women to leave his
establishment when he heard them speaking Hebrew. The matter was
resolved through mediation, and the cafe owner apologized in a press
release.
The government-funded HRC actively promoted religious tolerance.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The 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 is a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol.
Its 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 government also provided temporary protection to
individuals who may not qualify under the definition of the 1951
convention and the 1967 protocol until their status was determined and
action taken.
During the year the country handled two stateless persons cases,
and both individuals claimed refugee status. The first, a Palestinian,
was granted asylum. The second case, pertaining to a Kuwaiti, was
ongoing at year's end.
Bahareh Moradi, an Iranian citizen, requested refugee status in
2006 and was denied. She appealed that decision in 2008 and lost. By
law the Immigration Service cannot divulge details about specific
refugee cases; however, it reported that this case was resolved.
Bahareh was no longer in hiding, and she faced no deportation order.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--In the most recent general
elections, held in November 2008, the National Party won 58 of 122
parliamentary seats and formed a minority government in coalition with
the ACT Party (five seats) and the United Future Party (one seat). The
National-led government also had a cooperation agreement with the Maori
Party (five seats). 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: the Labour Party (43 seats), the Green Party
(nine seats), and the Progressive Party (one seat).
Women participated fully in political life. There were 41 women in
Parliament and eight 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 were three women in the 25-seat
parliament of the Associated State of the Cook Islands and four women
in the 20-seat parliament of the Associated State of Niue.
Seven seats in Parliament are reserved for persons of Maori
ancestry. The number of Maori seats is adjusted every five years, based
on the number of persons who register to vote on the Maori electoral
roll. Persons of Maori ancestry can also become members of Parliament
(MPs) by election or appointment to non-Maori conventional seats.
There were 20 Maori members, five 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.
In April the case of an MP charged in 2007 with 37 criminal
violations, including bribery, corruption, and perverting justice, went
to trial. A court found the MP guilty of 11 charges of bribery and
corruption and 15 charges of obstruction of justice, and it sentenced
him to six years in prison.
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 to be
provided within 20 working days of a request. Information must be made
available unless a good reason, such as concern for national security,
exists for not doing so. The requester must be given an estimate of any
fees before the information is provided.
Section 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 were no visits by
UN or other international organization representatives during the year.
The Ministry of Justice funds the active HRC, which operates as an
independent agency without government interference. The commission has
a staff of 60 and has adequate resources to perform its mission. The
commission issues four reports each year.
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 occurred in
cases where the parole board believed that the prisoner still posed a
risk to society. Each case is reviewed annually by a parole board. From
July 2008 through June, police recorded 2,364 ``sexual attacks,'' which
resulted in 1,127 prosecutions. During the same period, the police
recorded seven offenses of spousal rape with four prosecutions and six
offenses of unlawful sexual connection with a spouse with three
prosecutions.
Assault by a male on a female is a nonsexual crime punishable by up
to two years' imprisonment (a penalty double that for a male-on-male or
a female-on-male assault, which carries a one-year maximum penalty). In
the 12-month period ending June 30, 3,788 persons were prosecuted for
assault by a male on a female. Crisis centers offering support services
for victims of sexual violence existed throughout the country and
included centers focusing specifically on Maori and Pacific Islanders.
The government's Task Force for Action on Violence Within Families
continued to coordinate a variety of government initiatives to
eliminate family violence, including its Te Rito program, a national
strategy to address all forms and degrees of domestic violence.
Police were responsive when domestic violence was reported. The
government partially funded women's shelters, rape crisis centers,
sexual abuse counseling, family violence networks, and violence
prevention services.
The 2003 Prostitution Reform Act (PRA) decriminalized prostitution
and created a certification regime for brothel operators. The act
prohibits persons under age 18 from working in the sex industry and
gives prostituted adults the same workplace protections as those given
to workers in other industries. The law also eliminates the defense (by
clients, brothel operators, and pimps, for example) of claiming
ignorance that a person engaged in commercial sexual activity was under
age 18. The act extends culpability to any person who receives
financial gain from such activity involving an underage person. The law
prohibits sex tourism, and citizens who commit child sex offenses
overseas can be prosecuted in New Zealand courts. The government
prosecuted sexual offenses committed abroad based upon evidence
collected, including photographs confiscated from the accused upon
reentry into the country.
The 11-member Prostitution Law Review Committee (PLRC) consisted of
representatives from local government, the police, the public health
industry, business, academia, nongovernmental organizations (NGOs), and
the sex industry. The PLRC was established under the PRA to review the
act's operation. In May 2008 the PLRC published its review of the PRA,
in which it recommended continued monitoring and advocacy within the
sex industry, support for sex workers seeking alternatives to street
work, and enhancements at national and local government levels
regarding safety and compliance measures.
Sexual harassment in violation of the Employment Relations Act or
the Human Rights Act is unlawful and carries civil penalties. However,
sexual contact induced by certain threats may also fall under the
criminal code, with a maximum 14-year prison sentence. The HRC
published fact sheets on sexual harassment and made sexual harassment
prevention training available to schools, businesses, and government
departments on a regular basis.
The 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. Skilled healthcare is available, and women are 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 Human Rights Commission has an Equal Opportunity Employment
team that focuses on workplace gender issues. 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 figures,
women earned 88 percent of the average hourly earnings for men.
Children.--Children born in the country attain citizenship if at
least one parent is either a citizen or legal permanent resident of the
country. Children born outside of the country attain citizenship as
long as at least one parent was a citizen born in the country.
Child abuse continued to be of concern to the government. The
government promoted information sharing between the courts and health
and child protection agencies to identify children at risk of abuse.
The Office of the Commissioner for Children played a key role in
monitoring violence and abuse against children. Cases of child abuse
and neglect increased over previous years, but according to the
Ministry of Justice it was unclear whether this trend reflected higher
levels of abuse and neglect, or whether lower community tolerance
stimulated increased reporting.
Commercial sexual exploitation of children remained a problem. When
discovered, law enforcement authorities arrested and prosecuted the
violators.
At year's end a New Plymouth brothel owner charged in November 2008
for employing a 15-year-old girl as a prostitute in 2005 awaited trial.
An initial trial was abandoned due to the defendant's health, and a new
one was pending at year's end.
A Christchurch brothel owner charged with exploiting underage girls
for prostitution in July 2008 was convicted during the year and
sentenced to prison for 27 months.
One other 2007 prosecution in Christchurch relating to underage
prostitution remained pending at year's end.
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 Department of Internal Affairs Censorship Compliance Unit
actively policed images of child sex abuse on the Internet and
prosecuted offenders. The government maintains extraterritorial
jurisdiction over child sex offenses committed by the country's
citizens abroad.
Trafficking in Persons.--The law prohibits transnational
trafficking in persons. The Department of Labor (DoL) reviewed
allegations of trafficking but did not prosecute any cases due to
insufficient evidence that the victims were trafficked. No cases of
transnationally trafficked persons have come to the attention of the
authorities since reporting began in 2001, although there were
complaints of exploitation of foreign agricultural workers and
nonresident women working illegally in prostitution. The government
realized that an absence of trafficking reports did not guarantee that
trafficking did not occur. The government launched the National Plan of
Action for the Promotion and Protection of Human Rights in June that
includes training for immigration officials, labor inspectors, and
police officers in identifying trafficking ``triggers.'' All labor and
illegal prostitution complaints are thoroughly investigated by the
appropriate government agency, and no evidence of trafficking was
identified during the year.
The antitrafficking law does not address internal trafficking.
Other laws that criminalize the exploitation of adults and children in
cases where victims (e.g., minors engaged in commercial sex) have not
crossed an international border have been used to investigate and
prosecute internal trafficking cases.
Although prostitution is not a crime, it is illegal for
nonresidents to work in commercial sex activities.
The antitrafficking law stipulates a maximum penalty of 20 years in
prison and fines of NZ$500,000 (approximately $300,000). Laws against
slavery and child sexual exploitation carry penalties of up to 14 years
in prison. Under the PRA it is illegal to use or profit from using a
person less than 18 years of age in prostitution. Under the criminal
law, it is also illegal to have sexual contact with a child under 16
years of age, regardless of whether the accused believed the child to
be 16 years or older.
The government established the Interagency Working Group (IWG) as
part of the national plan of action. The IWG has primary responsibility
for coordinating government efforts to combat trafficking in persons
and works closely with NGOs and civil society groups.
The New Zealand Council for Victim Support Groups stood ready to
provide wide-ranging assistance programs to victims of internal
trafficking, including short-term shelter, temporary legal residence,
witness protection, access to medical services, and safe repatriation.
The government also worked to address trafficking in children by
providing funding for NGO outreach programs in Auckland and
Christchurch that provided accommodations and other support for young
persons involved in or at risk of involvement in prostitution.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/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 385 disability-
related complaints which represented 9 percent of the total complaints
received. Compliance with access laws varied. The government is
prohibited from discrimination on the basis of physical or mental
disability, unless such discrimination can be ``demonstrably
justified.''
The government supported equal access for persons with disabilities
to polling facilities.
The government's Office for Disability Issues worked to protect and
promote the rights of persons with disabilities. In addition, during
the year both the HRC and the Mental Health Commission continued to
address mental health issues in their antidiscrimination efforts.
National/Racial/Ethnic Minorities.--Pacific Islanders, who made up
7 percent of the population, experienced societal discrimination. The
Ministries of Justice and Pacific Island Affairs had a program to
identify gaps in delivery of government services to Pacific Islanders.
Asians, who made up 10 percent of the population, also reported
discrimination. The government mandates a Race Relations Commissioner
who has 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.
Indigenous People.--Approximately 15 percent of the population
claimed at least one ancestor from the country's indigenous Maori
minority. The law prohibits discrimination against the indigenous
population; however, there was a continuing pattern of disproportionate
numbers of Maori on unemployment and welfare rolls, in prison, among
school dropouts, in infant mortality statistics, and among single-
parent households.
Maori unemployment was 10 percent in June, compared with the
national average of 5 percent. The average hourly earnings for Maori in
June were NZ$18.76 (approximately $13.13), and median earnings were
NZ$16.74 ($11.72). These figures compared with the average and median
earnings for all workers of NZ$22.35 ($15.65) and NZ$18.75 ($13.12),
respectively. The median age among Maoris was in the low 20s compared
with a median age in the high 20s for the entire population. Younger
workers were more likely to be unemployed and typically earned less
than their older colleagues; however, the government did not model
Maori incomes to reflect this age difference.
Maori constituted 51 percent 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 people
and their traditional values and customs, including cultural and
environmental issues that affected commercial development. The Ministry
of Maori Development, in cooperation with several Maori NGOs, sought to
improve the status of indigenous people.
A 2004 law regulates ownership of the foreshore (the land between
high and low tide) and the seabed. The law granted ownership of the
foreshore and seabed to the state and provides for universal public
access. It also established a mechanism to accommodate customary
indigenous rights of land use, including preservation of existing
fishing rights. This legislation has been the focus of protests by
Maori groups asserting customary title to the land and by non-Maori
groups opposing such claims.
The National Party-led government established a goal to settle all
Maori historic claims related to the 1840 Treaty of Waitangi, the
country's founding document. At the end of the year, two of the 10
largest Maori tribes had settled their claims completely, receiving
NZ$170 million (approximately $119 million) each. The government
reported significant progress with 20 of the remaining 78 tribes and
estimated a total cost of between NZ$1.5 billion and NZ$2.0 billion
($735 million to $1.4 billion). The government opened a Web site
(www.ots.govt.nz) to increase transparency and enable the public to
monitor treaty settlement progress.
The government extended the September 2008 filing deadline in order
to facilitate a large number of claims. The Ministry of Maori
Development reported that all claims were registered and assigned to
the applicable geographic regions for resolution.
Police arrested 20 persons, some of whom were Maori, in October
2007 on various weapons charges, including unlawful possession of
rifles. The arrests reportedly stemmed from an investigation begun in
2005 after hunters told authorities they had seen a group of men
training with firearms in a camp in a remote mountain area. Maori MPs
and others in the Maori community criticized police conduct of the
raids that led to the arrests as excessive and heavy-handed.
Authorities dropped charges against one defendant due to lack of
evidence, and the other 17 cases remained pending at year's end with no
scheduled trial date. The government did not file any terrorism charges
against these defendants.
In August 2007 the UN Committee on the Elimination of Racial
Discrimination (CERD) reported on racial discrimination in the country.
The report criticized the government's foreshore and seabed legislation
and its handling of Maori land claims. The report also expressed
concern that the Bill of Rights Act and the Treaty of Waitangi, under
which many Maori rights are spelled out, do not enjoy protected status
within the country's parliamentary system. Therefore, according to
CERD, enactment of legislation contrary to the act and the treaty was
possible. The report included 16 recommendations for changes relating
to Maori rights or the rights of other ethnic groups, and CERD
requested responses to four of those recommendations within one year.
The government submitted a written response to these four CERD
recommendations in September 2008 in which it agreed with three of the
four recommendations. The fourth, which recommended that the country
provide undocumented children access to public education without
restriction, was partially rejected. The law states that persons in the
country illegally cannot have access to public education; however,
interim measures were in place allowing children whose immigration
status was under review to attend school.
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 57 discrimination complaints relating to
gender or sexual orientation (1.3 percent of all complaints). The
Ministry of Justice received no reports of societal violence or
discrimination based on sexual orientation.
A Hungarian tourist was acquitted of murder but convicted of the
lesser charge of manslaughter for killing a gay man who had solicited
him at a local bar. The defendant claimed that the victim's sexual
advances had provoked him to commit the crime. The legislature has
since repealed the Law of Provocation that the tourist used in his
defense.
Other Societal Violence or Discrimination.--The law prohibits
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 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, non-affiliated labor unions
also existed. According to DoL statistics published in March, 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 1,466) 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.
There were 11 legal strikes during the first nine months of the
year. The Employment Court ruled that one additional strike in
September at a dairy company was illegal because it was a key service.
The Employment Court has full and exclusive jurisdiction in matters
related to strikes or lockouts and may issue an injunction to prevent
the strike or lockout. The DoL also offers mediation in such cases.
The government mediated two labor disputes involving Auckland port
workers and a third involving Wellington transport workers. All three
cases were decided with minimal interruption in service and resulted in
pay increases through new collective bargaining agreements.
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 Employment Relations Act governs industrial relations and
promotes collective bargaining. To bargain collectively, unions must be
registered, be governed by democratic rules, be independent, and have
at least 15 members. Unions may not bargain collectively on social or
political issues.
The law prohibits uniformed members of the armed forces from
organizing unions and bargaining collectively. However, police have
freedom of association and the right to organize and bargain
collectively.
There were no special laws or exemptions from regular labor laws in
export processing zones.
A company challenged the Service and Food Workers Union's right to
send union organizers into its facilities, arguing that the organizers
worked for a competitor, and trade secrets could be compromised. The
Employment Court unanimously decided on April 8 in favor of the union
ruling that, with adequate prior notice, practical means were available
to protect trade secrets.
The Employment Relations Authority (ERA) reviewed the case of a
union delegate who was laid off for what the employer claimed were low
performance ratings due to his confrontational personality. The
employee claimed that he lost his job because of his union activities.
ERA found in favor of the employee, stating that his employer would not
have dismissed him had he not been a union delegate.
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.--In April the government
increased the minimum hourly wage to NZ$12.50 (approximately $8.75).
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 ($7) for nonsupervisory workers with less than three
months or 200 hours of employment. A majority of the work force earned
more than the minimum wage.
A 40-hour workweek is traditional. There are legal limits regarding
hours worked and premium pay for overtime work. The law does not
provide specifically for a 24-hour rest period weekly; however,
management and labor have accepted the practice, and it was the norm.
The law provides for a minimum four-week annual paid vacation and 11
paid public holidays. 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.
A new law went into effect on April 1 granting employees 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.
On March 1, the government passed legislation allowing 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 new employees
during this period without cause as long as the decision is not based
upon illegal discrimination.
DoL is responsible for enforcement of laws governing work
conditions. From July 2008 to June, DoL received 11,269 health- or
safety-related employment complaints and opened 10,694 investigations.
By the end of June, 6,214 of those investigations were complete. DoL
received 2,593 miscellaneous employment complaints and completed 2,208
investigations of these cases by the end of June. Eighty percent of
matters regarding employment relations were settled before or at
mediation.
On July 27, the government announced Recognized Seasonal Employee
policy changes to payroll deductions to increase transparency and make
auditing easier. On November 30, the government made it mandatory for
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.
On July 20, the Supreme Court overturned a lower court decision in
the case of a 60-year-old Air New Zealand pilot who had been downgraded
from the rank of pilot in command to first officer because a foreign
government's rules prohibited him from commanding a commercial aircraft
on routes to the foreign country. The court found that incorrect legal
precedent was applied; however, it ruled that age was a valid
occupation qualification. The pilot then withdrew the case.
__________
PALAU
Palau is a constitutional republic with a population of
approximately 20,000. The president, the vice president, and members of
the legislature (the Olbiil Era Kelulau) are elected for four-year
terms. There are no political parties. In generally free and fair
elections held in November 2008, Johnson Toribiong was elected
president. Civilian authorities generally maintained effective control
over the security forces.
The government generally respected the human rights of its
citizens. Problems were reported in a few areas, including government
corruption, domestic violence, trafficking in persons, and
discrimination against, and some abuse of, foreign workers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Conditions in the
country's sole prison, although primitive, generally met international
standards. Overcrowding remained a problem. The few female and juvenile
prisoners were held in separate cells but were permitted to mingle with
male inmates during daylight hours.
There were 87 prisoners, including six women and four juveniles.
No visits by independent human rights observers were requested or
made during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The civilian
authorities maintained effective control over the National Police and
marine police in Koror and Peleliu states. 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.
Costs limited Internet access in homes. Internet access was available
at schools, government offices, private businesses, internet cafes, and
hotels.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination against religious groups, including
anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The 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. Its laws do not provide
for the granting of asylum or refugee status in accordance with the
1951 UN Convention relating to the Status of Refugees and its 1967
protocol, and the government has not established a system for providing
protection to refugees. In practice the government provided 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 and provided it to
approximately 17 persons during the year.
On February 27, 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.
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.
On July 3, 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 April the new special prosecutor filed charges against the
governor of Melekeok for conversion of public funds, misconduct in
public office, and money laundering. The trial was pending at year's
end. 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. 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.
On March 12, a Koror state legislator charged with grand larceny
and false pretense in 2007 was sentenced to six years imprisonment and
fined $10,000 for perjury and misconduct in public office. However, the
jail term was reduced to one year.
The 2007 cases of a house speaker charged with misuse of travel
funds and the Kayangel state legislators charged with misuse of
government funds were settled out of court.
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 and 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' imprisonment. 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. The Ministry of Health's Office of Victims of Crimes reported
39 cases in which women and children were victims of crime during the
current fiscal year (October 2008-September 2009). Alcohol and drug
abuse contributed to this problem. According to the Office of the
Attorney General, the Ministry of Health, and women's groups, reported
cases of 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,
and there were no shelters for victims. The government conducted public
education efforts to combat abuse against women and children.
Prostitution is illegal, but it was a problem. There were reports
of women being trafficked to the country from China and the Philippines
to work in karaoke bars as hostesses and prostitutes. In July three
Chinese women were arrested for prostitution and grand larceny, but the
case was unrelated to trafficking.
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. 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 sex-related job discrimination. The Bureau of Aging and
Gender promotes gender workplace equality.
On April 6, local women's groups 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.
The government provided a well-funded system of public education
for children.
During the year there were 25 reported cases of child abuse. Of
these, 11 were of sexual abuse, eight of physical abuse, and six of
neglect. Seven cases of sexual abuse were resolved in court; three
resulted in convictions. Other cases were pending. There were some
sexual abuse cases that were not referred to the court because both
parties were minors. In such cases, minors were provided counseling.
Children's rights generally were respected, although there were
isolated reports of child neglect.
Trafficking in Persons.--An antitrafficking law prohibits such
practices, with penalties of up to 10 years' imprisonment and a fine of
up to $50,000 for exploiting or otherwise profiting from a trafficked
person; up to 25 years' imprisonment and a fine of up to $250,000 for
trafficking involving force, fraud, or deception; and up to 50 years'
imprisonment and a fine of up to $500,000 for trafficking involving a
child ``by any means for the purpose of exploitation.'' There are also
laws against slavery, fraud, and prostitution. There were reports of
women and some men being trafficked to the country from China and the
Philippines to work in karaoke bars as hostesses and prostitutes, in
private homes as domestics, and on construction sites.
The Bureau of Immigration, Division of Labor, and the Office of the
Attorney General are responsible for combating trafficking; however,
the government lacked the resources and expertise to address the
problem in practice. There was no formal assistance available for
victims, and victims normally were detained, jailed, or deported if
they committed a crime such as prostitution.
In July the special prosecutor filed charges against a local
businessman who brought Chinese women into the country as tourists and
bribed the chief of the Division of Labor to process the women's
working permits. The chief of the Division of Labor then paid the
director of the Bureau of Immigration to change the immigration status
of the women. Both officials and a staff member of the Division of
Labor were charged with forgery, conspiracy, falsification of travel
documents, misconduct in public office, and bribery. The case was still
pending at the end of the year.
On February 9, the court overturned a 2007 lower court ruling
convicting a Taiwanese man for human trafficking. The lower court had
released the man. The women involved returned to their home countries.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The Disabled Persons'
Antidiscrimination Act and the Programs and Services for Handicapped
Children Act cover both persons with mental disabilities and persons
with physical disabilities, and the government enforced the provisions
of these acts. No discrimination was reported against persons with
disabilities in employment, education, access to health care, or the
provision of other state services. The government 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) has
responsibility for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--The law prohibits noncitizens
from purchasing land or obtaining citizenship. A majority of citizens
viewed negatively the rapid increase over the past several years in
foreign workers, who constituted approximately 48 percent of the work
force. Foreign workers and their dependents, both documented and
undocumented, accounted for nearly a third of the population. Foreign
residents were subjected to discrimination and were targets of petty,
and sometimes violent, crimes, as well as other random acts against
person and property. Foreign residents made credible complaints that
the authorities did not pursue or prosecute crimes committed against
noncitizens with the same vigor as crimes against citizens.
In addition some foreign nationals experienced discrimination in
employment, pay, housing, education, and access to social services,
although the law prohibits such discrimination. The Division of Labor
handles cases of workplace discrimination against foreign workers.
Cases of workplace discrimination are brought up with the Office of
Labor.
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 of foreign
workers being forced to work long hours or work without days off
contrary to their employment contracts. 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.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law states that the government shall protect children from
exploitation. The Division of Labor is responsible for enforcing laws
and regulations relating to child labor. There is no minimum age for
employment. Children typically were not employed in the wage economy,
but some assisted their families with fishing, agriculture, and small-
scale family enterprises.
By regulation no foreigner under age 21 may be admitted into the
country for employment purposes, and the government generally enforced
this regulation effectively.
e. Acceptable Conditions of Work.--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. (Although
the law prohibits importation of laborers from Bangladesh, this
prohibition was not strictly enforced.) During the year there were more
than 6,000 foreign nationals with work permits in the country; of
these, roughly 60 percent were from the Philippines, 15 percent from
mainland 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. While civilian authorities
generally maintained effective control of the security forces, there
were some instances in which elements of the security forces acted
independently.
The government generally respected the human rights of its
citizens, but there were serious problems in some areas. Human rights
abuses included arbitrary or unlawful killings by police, police abuse
of detainees, poor prison conditions, police corruption and impunity,
lengthy pretrial detention, infringement of citizens' privacy rights,
government corruption, violence and discrimination against women and
children, discrimination against persons with disabilities, intertribal
violence, violence against ethnic 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.
There were no further known developments in the following cases
involving police actions: the 2008 death of a young man resulting from
a shootout between police and youths in Kimbe Province; the 2008 police
killings of three gunmen who tried to rob the Bank South Pacific in
West New Britain; the March 2007 shooting of three persons in which one
person died and two were injured; the May 2007 shooting of three
persons, two of whom died; and the 2007 shooting death of Jeffrey Kui.
There were numerous press reports during the year of vigilante
killings and abuses related to alleged involvement in sorcery and
witchcraft. For example, in January a group of men in Mount Hagen
reportedly stripped a woman naked, bound her hands and feet, stuffed a
cloth in her mouth, and burned her alive for allegedly confessing to
have eaten a man's heart. Amnesty International (AI) reported that in
February local residents shot and killed a man from Ban village near
Mount Hagen and threw his body into a fire. They then dragged the man's
son from his home and burned him alive. When police arrived and
attempted to investigate the deaths, heavily armed local residents
prevented them from removing the bodies to a hospital for autopsies. In
September the National newspaper reported that members of a community
in Sandaun Province beat to death three men for allegedly performing
witchcraft on a local resident prior to the resident's death on
September 1. Police had taken the three men into custody, but community
members negotiated their release after assuring police that the men
would not be harmed. However, enraged community members killed the men
later the same night.
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 April authorities arrested five police officers in connection
with the alleged rape of a cleaning woman at a police station in Port
Moresby; the authorities were investigating the case at year's end.
There were no further known developments in the June 2008 police
shooting that resulted in the amputation of the suspect's leg, the
August 2008 police shooting and wounding of bank robbery suspect
William Kapris, the 2007 case in which an auxiliary police officer in
Rabaul allegedly shot and injured a high school student, or the 2007
alleged police beating of a soldier in Port Moresby.
On September 22, a National Court judge found seven members of the
police force in Madang liable for breach of basic human rights of five
young men in 2004. The prosecution claimed that the police officers
forced two of the five detainees to have sex with each other. In
addition the prosecution alleged that the policemen subjected the
detainees to torture and held them for three weeks without charges. The
court found the seven policemen, as well as their commissioner and the
government, liable. At year's end damages were pending assessment.
Prison and Detention Center Conditions.--Despite minor improvements
to existing cells and increased capacity, prison conditions generally
remained poor, and the prison system continued to suffer from serious
underfunding. Of the four prisons that remained closed during most of
2008, two were reopened, and two--in Tari, Southern Highlands and Daru,
Western Province--remained closed due to tribal conflicts and health
concerns, respectively. Neither prisons nor police detention centers
had medical care facilities. In some police holding cells, detainees
lacked bedding and sufficient food and water. Overcrowding in prisons
and police cells remained a serious problem. The Correctional Services
deputy commissioner for operations confirmed that the country's prisons
had a holding capacity of 3,600 beds, but the number of inmates at
year's end was 4,901, approximately half of whom were pretrial
detainees. There were 226 female and 238 juvenile prisoners. 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. There were no separate facilities
for juvenile offenders; however, in some prisons juveniles were
provided with separate sleeping quarters. To hold minors waiting to be
arraigned prior to bail being posted, there were three juvenile
reception centers located in Port Moresby, Lae, and Goroka. Human
Rights Watch reported that juveniles routinely were held with adults in
police detention cells, where in many cases they were assaulted by
older detainees. Police denied juvenile court officers access to police
cells. Pretrial detainees were held in the same prisons as convicted
prisoners but had separate cells.
The government permitted monitoring visits by independent human
rights observers, and one such visit was made during the year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--A commissioner who
reports to the minister for internal security heads the national police
force, the Royal Papua New Guinea Constabulary. Internal divisions
related to clan rivalries and a serious lack of resources negatively
affected police effectiveness. Police corruption and impunity were
serious problems. At year's end there were no reports of any action
taken against officers who in 2007 allegedly assaulted the director of
police prosecutions in Port Moresby.
Police shootings are investigated by the police department's
Internal Affairs Office and reviewed by a coroner's court. If the court
finds that the shooting was unjustifiable or due to negligence, the
police officers involved are tried. Families of persons killed or
injured by police may challenge the coroner's finding in the National
Court, with the assistance of the Public Solicitor's Office. Cases of
accidental shootings of bystanders by police during police operations
are also investigated and reviewed by a coroner's court. Despite these
prescribed procedures, in many cases investigations remained
unresolved.
There is an Ombudsman Commission that 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. Additionally, 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 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.
Additionally, many human rights matters were handled by village courts,
which were largely unregulated. Village and district courts often were
hesitant to interfere directly in domestic matters. Village courts
regularly ordered that compensation be paid to an abused spouse's
family in cases of domestic abuse rather than issue a domestic court
order.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions; however,
there were instances of abuse. Police raids and searches of illegal
squatter settlements and homes of suspected criminals often were marked
by a high level of violence and property destruction. Police units
operating in highland regions sometimes used intimidation and
destruction of property to suppress tribal fighting.
In December 2008 police evicted approximately 400 persons from a
squatter settlement in Port Moresby by bulldozing and burning down
their homes in response to the murder of prominent businessman Sir
George Constantinou, allegedly by residents in the settlement. Police
stated that they had given the settlers three days' notice to move out.
The government did not provide any temporary accommodation,
transportation, or food to the squatters.
According to reports by local media and AI, police burned down 50
houses in the Porgera District on April 27, during a police crackdown
on lawlessness and illegal mining in the area. Police stated that the
occupants were illegal squatters engaged in illegal mining and other
criminal activities. A number of landowners in Porgera subsequently
filed suit against the police, charging that during the operation
police also destroyed more than 300 homes of legal residents who lived
near the mining area.
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 2008 the managing director, editors, and subeditors of the daily
newspaper Post Courier reportedly were referred to the Parliamentary
Privileges Committee over coverage of a diplomatic scandal involving a
foreign government. However, the Post Courier confirmed that the
government did not follow through with such a referral, and the
journalists were not called before the committee. Journalist Simon
Eroro, who had received threats related to the case, was still working
for the Post Courier 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. In
practice cost factors and lack of infrastructure limited public access
to the Internet. The International Telecommunication Union reported
that in 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.
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 October police denied approval for a march and rally planned by
the Papua New Guinea Council of Churches and the Salvation Army in
support of the UN campaign ``Stand Up, Take Action'' against poverty.
Also in October, police prevented a protest from being held in Madang
against the building of a marine industrial park in Vidar.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, including
anti-Semitic acts. There was no known Jewish community in the country.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees.--Although a party to the 1951 Convention
relating to the Status of Refugees and its 1967 protocol, the
government has not enacted enabling legislation and has not established
a system for providing protection to refugees. The government did not
grant refugee status or asylum. In practice the government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened 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
Convention or its 1967 protocol.
With support from the UNHCR, the government continued to provide
protection to approximately 2,700 persons residing at the East Awin
refugee settlement who fled the Indonesian province of 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. During the year approximately 300 West Papuans
who had been living in Papua New Guinea for many years voluntarily
returned to West Papua Province in Indonesia under a voluntary
repatriation program.
Registered refugees residing in the East Awin refugee settlement
were granted a residence permit that allowed them to travel freely
within the country and, on a case-by-case basis, to travel abroad,
depending on the urgency of the business and a guarantee of financial
support by sponsoring institutions.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic but flawed elections based on universal suffrage.
Elections and Political Participation.--The most recent general
election was held in 2007. Bribery, voter intimidation, and undue
influence were widespread in some parts of the country during the
election. After the election the National Court registered 53 election
petitions that alleged illegal practices. By year's end 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.
Election-related violence erupted between supporters of two rival
candidates in the weeks leading up to the November by-election for the
Kandep open electorate in Enga Province, reportedly resulting in at
least two deaths and a number of injuries. Due to the violence, the by-
election polling, originally scheduled for one day, was spread out over
a week. In November the government reported that a total of 275
persons, mostly polling and electoral officials, were held against
their will for nearly three days at two different locations by
supporters of two of the candidates before being freed by mobile police
squads.
Political parties could operate without restriction or outside
influence.
There is no law limiting political participation by women, but the
deeply rooted patriarchal culture impeded women's full participation in
political life. There was one woman in the 109-seat Parliament. She
served as minister of community development, the only cabinet position
held by a woman. There was one female National Court justice and no
female provincial governors. A 2008 proposal for three nominated seats
for women to increase the number of women in Parliament failed to pass
during the year.
There were six minority (non-Melanesian) members of Parliament. 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 former Southern Highlands governor Hami Yawari was
charged with misappropriating more than 300,000 kina (approximately
$116,730) belonging to the provincial government. At year's end this
and other cases involving Yawari were awaiting assignment of trial
dates before the National Court. In March the Ombudsman Commission
announced it was freezing funds in the rehabilitation education sector
infrastructure trust accounts (RESI) pending further investigation
after it determined that none of the more than 37 million kina
(approximately $14.4 million) withdrawn from the RESI accounts had been
spent on improving educational establishments. Investigation of the
matter continued at year's end. In April the government suspended the
Police Association president, Robert Ali, and members of his executive
committee pending investigation of alleged misappropriation of more
than 500,000 kina (approximately $194,550) of association funds. The
case remained pending at year's end.
The Ombudsman Commission was still investigating the May 2008 case
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 a
separate 2008 case in which the media claimed that a government
minister had 100 million kina (approximately $38.9 million) in a
foreign bank account. At year's end no investigation reports on either
case had been released.
Public officials are subject to financial disclosure laws as
stipulated in the leadership code of conduct. The Ombudsman Commission,
the Leadership Tribunal, and the Public Accounts Committee are key
organizations responsible for combating government corruption.
No law provides for public access to government information. The
government published frequent public notices in national newspapers and
occasional reports on specific topics facing the government; however,
it generally was not responsive to individual requests, including media
requests, for access to government information.
Section 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.
On the evening of December 11, unknown assailants shot and wounded
Chief Ombudsman Commissioner Chronex Manek as he returned home from an
official function. Manek reported that three men armed with guns jumped
out of a vehicle that had followed him home, surrounded his vehicle,
and shot him twice through his car window as he rammed his car into
their vehicle in an attempt to escape. The assailants then fled the
scene. Manek was treated at a local hospital for a bullet wound in his
arm and later released. The authorities were investigating the incident
at year's end.
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 provides for equal protection under the law
irrespective of race, tribe, place of origin, color, or sex; however,
enforcement of the provisions was not effective.
Women.--Violence against women, including domestic violence and
gang rape, was a serious and prevalent problem.
Rape, including spousal rape, is a crime punishable by
imprisonment, and prison sentences were imposed on convicted
assailants, but few rapists were apprehended. The willingness of some
communities to settle incidents of rape through material compensation
rather than criminal prosecution made the crime difficult to combat.
The legal system allows village chiefs to negotiate the payment of
compensation in lieu of trials for rapists.
Domestic violence was common and is a crime. However, since most
communities viewed domestic violence as a private matter, few victims
pressed charges, and prosecutions were rare. Widespread sexual violence
committed by police officials and their unresponsiveness to complaints
of sexual or domestic violence served as barriers to reporting by both
women and men. Traditional village mores, which served as deterrents
against violence, were weak and largely absent when youths moved from
their villages to larger towns or to the capital. 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 90 percent
of women in prison had been convicted for attacking or killing another
woman.
Prostitution is illegal; however, the laws were not enforced, and
the practice was widespread. Sexual harassment is not illegal, and it
was a widespread problem.
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 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. 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 to
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.
Independent observers generally agreed that the government did not
dedicate significant resources to protecting the rights and welfare of
children. Religious and secular nongovernmental organizations (NGOs)
operated programs to protect and develop youth and children.
Primary education was not free, compulsory, or universal.
Substantial fees were charged and posed a significant barrier to
children's education. Many children did not progress further than
primary school.
Boys and girls had equal access to medical care, but many children
did not 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 during the year. Incest is a crime and
reportedly increased in frequency. There were cases of commercial
sexual exploitation of children between the ages of 14 and 16 in urban
areas, including minors working in bars and nightclubs. Human Rights
Watch documented numerous instances of police abuse of children.
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.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons. The criminal code does not prohibit the
trafficking of adults, but prohibits the trafficking of children for
sexual exploitation or slavery. There were reports of trafficking of
women and girls within the country for sexual exploitation and domestic
servitude. Custom requires the family of the groom to pay a ``bride
price'' to the family of the bride. While marriages were usually
consensual, women and girls were sometimes sold against their will.
There also were reports of Asian women being trafficked into the
country to work in the sex industry. Transactional sex was common and
often involved the sexual exploitation of children. There were reports
of men trafficked to mining and logging camps for the purpose of forced
labor.
Asian organized crime groups, foreign logging companies, and Papuan
businessmen were believed to lure the majority of foreign trafficking
victims to the country with false offers of legitimate jobs.
The government investigated allegations of corruption among
officials dealing with passport issuance and immigration. The
allegations primarily involved the illegal issuance of residence and
work permits for Chinese or South Asian nationals migrating to the
country. Although they originally suspected that corrupt officials were
aiding the transport of trafficking victims into the country,
authorities did not uncover any evidence that mala fide permits and
passports were used for this purpose. Nevertheless, there was concern
that the country may have been used as a route for trafficking in
persons to Australia through different means.
The maximum penalty for slavery-related offenses is 20 years'
imprisonment. The Ministry of Justice is responsible for enforcing the
law but was ineffective in doing so. There were no prosecutions for
trafficking in persons during the year. The Ministry of Justice
conducted an antitrafficking workshop during the year.
There were no government programs to assist trafficking victims.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities;
however, there are no antidiscrimination laws. Persons with
disabilities faced discrimination in education, training, and
employment. No legislation mandates accessibility to buildings, and
most buildings were not accessible.
Through the National Board for the Disabled, the government granted
funds to a number of NGOs that provided services to persons with
disabilities. The government provided free medical consultations and
treatment for persons with mental disabilities, but such services were
rarely available outside major cities. In several provinces, apart from
the traditional clan and family system, services and health care for
persons with disabilities did not exist. Most persons with disabilities
did not find training or work outside the family structure.
National/Racial/Ethnic Minorities.--Centuries-old animosities among
isolated tribes, a persistent cultural tradition of revenge for
perceived wrongs, and the lack of police enforcement sometimes resulted
in violent tribal conflict in the highland areas. In the last few
years, the number of deaths resulting from such conflicts continued to
rise due to the increased availability of modern weapons.
During the year tribal fighting continued in Western and Eastern
Highlands Provinces. In March several hundred members of the Watut
tribe raided Biangai tribe villages in Bulolo District, Morobe
Province, burning houses, looting properties, and destroying food
gardens. Government officials established a peace mediation team to
settle the conflict between the two tribes. An agreement was signed
between the Morobe provincial government (MPG) and the affected ethnic
groups to resolve the matter amicably and in accordance with the law.
The MPG also established a Law and Order Committee responsible for
coordinating and overseeing all current and future peace mediation
efforts in the province. At year's end tensions remained between the
two groups, but there was no further violence.
In early May three Chinese employees of the predominantly Chinese-
owned Ramu nickel-cobalt mining project were seriously injured in an
attack by a group of Papua New Guinea workers who reportedly were angry
about working conditions at the site (see section 7.e.). On May 12,
violence broke out during a protest march organized in Port Moresby by
the organization ``NGOs and Civil Society Group'' to press authorities
to clamp down on the influx of Asians into the country. The protesters
alleged that Asian immigrants were taking over cottage industries they
thought should be reserved for citizens. Some protesters and others
looted shops run by Asians. By May 14, the violence had subsided in the
capital as many Asian-owned businesses closed as a precaution. However,
over the following days, violence erupted in the cities of Lae and
Madang and in several Highlands towns as crowds attacked Asian
businesses there. According to press reports, thousands of persons were
involved in the looting before police were able to contain the
situation. One looter in Lae reportedly was hacked to death and another
trampled to death. Some injuries were reported, including several
looters shot by police. The authorities subsequently apologized for the
violence, and the government announced the appointment of a bipartisan
parliamentary committee to investigate the violence, assess its causes,
and review the types of businesses operated by Asians in the country.
In November, however, three members of Parliament resigned from the
committee to protest the ousting of its chairman; according to press
reports, Parliament voted to replace the chairman after he indicated
the committee would expose involvement of certain politicians in
questionable activities with Asian individuals. The committee had not
produced a report by 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), it is 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.
Unlike in some previous years, there were no known reports that
companies dismissed HIV-positive employees after learning of their
condition. 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 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 half of the approximately
250,000 wage earners in the formal economy were members of
approximately 50 trade unions. The Public Employees Association
represented an estimated 12,000 persons employed by national,
provincial, and municipal governments, or one-third of the public-
sector workforce. Unions were independent of both the government and
political parties.
The law provides for the right to strike, although the government
may and often did intervene in labor disputes to require arbitration
before workers may legally strike. The law prohibits retaliation
against strikers, but it was not always enforced. The DLIR is
responsible for enforcement. Employees of some government-owned
enterprises went on strike on several occasions during the year,
primarily to protest against privatization policies or in pay disputes.
In most cases the strikes were brief and ineffective.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and engage in collective bargaining,
and workers exercised these rights in practice. 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.
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 in the formal economy. Some children were
obliged to work long hours as domestic servants in private homes (see
section 7.d.).
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law establishes the minimum working age as 16; for hazardous work, the
minimum age is 18. However, children between the ages of 11 and 18 may
be employed in a family business or enterprise provided they have
parental permission, a medical clearance, and a work permit from a
labor office. This type of employment was rare, except in subsistence
agriculture. Work by children between the ages of 11 and 16 must not
interfere with school attendance. Some children under 18 worked in bars
and nightclubs and were vulnerable to commercial sexual exploitation.
Children also were exploited in the production of pornography. There
were children selling cigarettes, food, CDs, and DVDs on the street and
in grocery stores near mine 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.
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 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 ages 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.
The few illegal foreign workers lacked full legal protection.
In May fighting broke out between Chinese and Papua New Guinea
workers at the predominantly Chinese-owned Ramu nickel-cobalt mining
project; the local workers reportedly were angry at the project's
Chinese managers following an industrial accident at the site. In July
the authorities ordered construction work halted at the project. In
August the project resumed, reportedly following resolution of a number
of health and safety issues.
__________
PHILIPPINES
The Philippines, with a population of 92 million, is a multiparty
republic with an elected president and bicameral legislature. In 2007
approximately 73 percent of registered citizens voted in mid-term
elections for both houses of congress and provincial and local
governments. The election generally was free and fair but was marred by
violence and allegations of vote buying and electoral fraud. Long-
running Communist and separatist insurgencies affected the country.
Civilian authorities generally maintained effective control of the
security forces; however, there were some instances in which elements
of the security forces acted independently.
Arbitrary, unlawful, and extrajudicial killings by elements of the
security services and political killings, including killings of
journalists, by a variety of actors continued to be major problems.
Concerns about impunity persisted. Members of the security services
committed acts of physical and psychological abuse on suspects and
detainees, and there were instances of torture. Prisoners awaiting
trial and those already convicted were often held under primitive
conditions. Disappearances occurred, and arbitrary or warrantless
arrests and detentions were common. Trials were delayed, and procedures
were prolonged. Corruption was endemic. Leftist and human rights
activists often were subject to harassment by local security forces.
Problems such as violence against women, abuse of children, child
prostitution, trafficking in persons, child labor, and ineffective
enforcement of worker rights were common.
In addition to killing soldiers and police officers in armed
encounters, the New People's Army (NPA)--the military wing of the
Communist Party--and the Abu Sayyaf Group (ASG) killed local government
officials and other civilians. The terrorist groups NPA and ASG
reportedly used child soldiers in combat or auxiliary roles. Terrorist
groups committed bombings causing civilian casualties and conducted
kidnappings for ransom.
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 an increase in fighting between
government forces and Muslim rebels in central Mindanao (see section
1.g.). The Commission on Human Rights (CHR), an independent government
agency, investigated 57 new complaints of politically motivated
killings that occurred from January through November. 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) investigated allegations
of summary executions by government security forces. The TFDP was
unable to investigate all of these allegations, but it counted eight
cases involving 12 victims of summary executions by government forces
during the year.
By year's end the PNP's Task Force Usig, responsible for monitoring
extrajudicial killings, recorded 156 cases of killings since 2001, nine
of which occurred during the year. Of these, 95 cases were filed in
court and prosecutor's offices, 60 cases were under investigation, and
one case was closed. There was one conviction of a state actor during
the year. One human rights organization recorded 134 victims of
extrajudicial killings during the year.
On May 15, President Gloria Arroyo abolished the Interagency Legal
Action Group, which some human rights groups alleged was a tool for
targeting activists. The PNP expanded human rights training and
community outreach efforts during the year and maintained a network of
1,841 human rights desk officers at the national, regional, provincial,
and municipal levels.
Human rights groups and the CHR noted little progress in
implementing and enforcing some reforms aimed at decreasing the
incidence of killings. For example, cooperation and coordination
between police and prosecutors continued to be a problem. Funding for
the CHR and the government witness protection programs was considered
inadequate.
Killings during the year included the following: On March 4,
unidentified armed men in Davao City abducted and killed Rebelyn Pitao,
a schoolteacher and daughter of a high-ranking Communist leader. At
year's end the CHR investigation into the case continued. On March 9,
two unidentified men shot and killed antimining activist Eliezar
Billanes, chair of the South Cotabato People's Alliance for Nationalism
and Development in Koronadal City, South Cotabato. A CHR investigation
into the case continued. On April 29, two unidentified assailants shot
and killed indigenous people's mining activist and farmer group leader
Ludenio Monzon in Boston, Davao Oriental. The police were investigating
the case but did not establish a motive for the killing. In October
2008 Monzon filed a harassment case against the military at the CHR
regional office. On June 10, three unidentified men shot and killed
Fermin Lorico, leader of an activist peasant group, in Dumaguete City.
The group accused the military. At year's end the PNP was
investigating. On September 6, armed men shot and killed Catholic
priest Cecilio Lucero in San Jose, Northern Samar. Lucero was chairman
of the task force on peace and order of the Diocese of Catarman and was
involved in the investigation of human rights abuses.
On November 23, a group of up to 100 unidentified armed men killed
at least 57 individuals, including women, 30 media workers, and several
relatives of Buluan Vice Mayor Esmael Mangudadatu in Ampatuan,
Maguindanao. The victims were en route to file a certificate of
candidacy for the vice mayor to run in the Maguindanao gubernatorial
race. The authorities charged political rival Andal Ampatuan, Jr., with
25 counts of murder on December 1. Eleven other suspects, including the
patriarch of the powerful Ampatuan clan, former Maguindanao governor
Andal Ampatuan, Sr., seven Ampatuan relatives, and law enforcement
personnel were also indicted. Some 1,000 police officers were relieved
and transferred to other provinces in the Autonomous Region in Muslim
Mindanao (ARMM) pending investigation of the case. On December 4,
President Arroyo declared martial law in parts of the province, and
more than 4,000 troops were deployed to arrest massacre suspects and
break up armed groups who threatened public safety. Martial law was
lifted eight days later, and CHR observers reported no human rights
abuses by soldiers during the period. Investigations into the case
continued at year's end, and suspects remained jailed pending
indictments.
Investigations of cases from 2007 and 2008 were ongoing.
On March 26, a regional trial court judge sentenced former police
superintendent Rafael Cardeno to life imprisonment for masterminding
the 2001 murder of Young Officers Union spokesperson Baron Cervantes.
The judge ordered Cardeno to pay Cervantes' family 350,000 pesos
(approximately $7,350) in civil and moral damages.
Government forces killed a number of civilians during clashes with
armed groups (see section 1.g.). Terrorist groups killed and kidnapped
NGO workers, teachers, and other civilians. In October the ASG
kidnapped school principal Gabriel Canizares; he was later beheaded
after his family was not able to pay a ransom of two million pesos
(approximately $42,000). Communist insurgents, mainly from the NPA,
continued to kill political figures, military and police officers, and
civilians, including suspected military and police informers. Extortion
groups associated with the ASG killed persons in bombings (see section
1.g.).
On July 5, a bomb outside the Cathedral of the Immaculate
Conception in Cotabato City killed six and wounded 30 others as they
were leaving worship service. On July 7, two more bombs exploded in
Jolo City, killing two persons and injuring 50.
On August 24, security forces arrested Dinno-Amor Pareja, the
leader of the terrorist Raja Solaiman Movement and a principal suspect
in the 2005 Valentine's Day bombing in Manila and several other
bombings in Mindanao. On January 23, a Manila court sentenced three
members of the Moro Islamic Liberation Front (MILF) to life terms for
their parts in bombing attacks in 2000 that killed 22 persons.
Vigilante groups were suspected of conducting summary killings of
adult criminals and children involved in petty crime in five major
cities and in the Metro Manila region. The Coalition Against Summary
Execution recorded 76 apparent vigilante killings in Davao City from
January through July. The CHR held public hearings on the killings and
continued its investigations during the year. The international NGO
Human Rights Watch report on the Davao killings concluded that members
of the police and local officials were involved or complicit.
Vigilante killings also allegedly occurred in Cebu City, Cagayan de
Oro, Tagum City, and General Santos City. The victims were suspected of
involvement in criminal activities, and the killings appeared to have
popular support. Authorities made no arrests in these cases.
In April UN Special Rapporteur Philip Alston issued a follow-up
report to his 2007 mission, which noted the lack of prosecutions for
extrajudicial killings and an increase in vigilante killings.
b. Disappearance.--According to local human rights NGOs, government
forces were responsible for disappearances. From January through
November, the CHR investigated nine new cases of enforced
disappearances, abductions, and kidnappings involving 15 victims, some
of whom had been detained without a warrant (see section 1.d.). Seven
cases remained under investigation; two cases were closed when the two
persons involved appeared and confirmed that no government actors were
involved in their cases. An additional six persons were accounted for:
Three were found alive in police custody; unknown captors detained and
later released two; and the sixth victims died at the hands of his
abductors (see section 1.g.). Seven persons remained missing. The CHR
suspected members of the military in three unresolved cases. Suspects
in the other cases remained unidentified. The NGO Families of Victims
of Involuntary Disappearances (FIND) monitored 12 reported
disappearance cases involving 20 victims, most of whom were later found
alive.
A foreign citizen of Filipino descent claimed that she and two
others were abducted and tortured by members of the military in Tarlac.
An investigation was ongoing (see section 1.c.).
On February 19, the regional trial court in La Trinidad, Benguet,
approved a petition for a writ of amparo, providing the court's
protection to the family of indigenous rights activist James Balao, who
disappeared in 2008. The respondents appealed the case with the Office
of the Solicitor General, and at year's end the case was pending before
the Supreme Court.
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.
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. On November 10, 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 ($210) to victims of torture
and their families.
The CHR and human rights groups reported that 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, or suffocation.
From January through December, the TFDP documented 40 cases of
torture involving 67 victims and alleged that security forces were
responsible. From January to November, the CHR investigated 11 cases of
alleged torture, with police, military, and other law enforcement
officers identified as suspects in seven of the cases.
A foreign citizen of Philippine descent claimed she was abducted
from La Paz, Tarlac, and held in a military camp in Nueva Ecija from
May 19 to 25. She claimed she was tortured by her abductors and then
released after they failed to get an admission that she was a member of
the NPA. On August 26, the court of appeals granted her amparo and
habeas data petitions but denied her request to name senior government
officials as respondents in the case.
There were reports that prison guards physically abused inmates.
The CHR and TFDP reported that abuse by prison guards and other inmates
was common, but prisoners, fearing retaliation, refused to lodge formal
complaints. Women in police custody were particularly vulnerable to
sexual and physical assault by police and prison officials. The police
sometimes punished officers who were found to have committed assault or
abuse. Human rights activists believed suspected ASG and NPA members in
captivity were particular targets for abuse.
There were alleged instances of rape perpetrated by officials of
the PNP, and 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. Provincial jails and prisons were
overcrowded, lacked basic infrastructure, and provided prisoners with
an inadequate diet. Jails managed by the Bureau of Jail Management and
Penology (BJMP) operated at an average of 174 percent of designed
capacity. Prison administrators allotted a daily subsistence allowance
of 50 pesos ($1.04) per prisoner. The Bureau of Corrections under the
Department of Justice administered seven prisons and penal farms for
prisoners sentenced to more than three years in prison. Lack of potable
water, poor sanitation, and poor ventilation continued to cause health
problems. Some prisoners, including women and children, were abused by
other prisoners and prison personnel. The slow judicial process
exacerbated overcrowding. A local NGO claimed that, since 2007, at
least seven elderly prisoners diagnosed with serious illnesses have
died in prison annually and blamed this problem on the ``deficient''
parole system. At year's end the president granted executive clemency
to 32 elderly persons.
There were reports of widespread corruption among prison guards
and, to some extent, at higher levels of authority within the prison
system.
According to BJMP regulations, male and female inmates are to be
held in separate facilities and, in national prisons, overseen by
guards of the same sex. Anecdotal reports suggested that these
regulations were not uniformly enforced. In provincial and municipal
prisons, male guards sometimes supervised female prisoners directly or
indirectly. Although prison authorities attempted to segregate children
or place them in youth detention centers, in some instances children
were held in facilities not fully segregated from adult male inmates.
Girls were sometimes held in the same cells as boys. 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. Out of 1,011 jails
managed by the BJMP and PNP, 190 had separate cells for minors, while
334 jails had separate cells for adult females. Lack of adequate food
for minors in jails and prisons was a concern (see section 6,
Children).
At year's end the BJMP and PNP jails held a total 58,786 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, 5,448 were adult women, 316 were minor detainees, and 13
were convicted minors. During the year the BJMP released 342 minor
inmates, usually in response to a court order following a petition by
the public attorney's office or the inmate's private lawyer, or through
the appeals of NGOs. The Bureau of Corrections' prisons and penal farms
had 35,934 prisoners, of whom 1,948 were women.
International monitoring groups, including the International
Committee of the Red Cross (ICRC), were allowed free access to jails
and prisons. However, a local NGO reported difficulty accessing jails
or detentions centers where children were held.
d. Arbitrary Arrest or Detention.--The law requires a judicial
determination of probable cause before issuance of an arrest warrant
and prohibits holding prisoners incommunicado or in secret places of
detention; however, in a number of cases, police and the AFP arrested
and detained citizens arbitrarily. From January through July, the TFDP
documented 78 cases of illegal arrest and detention involving 274
victims. The CHR tracked 48 cases of arbitrary arrest or detention from
January to June. During the year the NGO FIND counted 16 abduction
victims who were 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
Department of Interior and Local Government directs the PNP, which is
responsible for enforcement of law and order and urban
counterterrorism; however, governors, mayors, and other local officials
have considerable influence. The 125,000-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 177 administrative cases filed
against members of the police force, including administrative officials
and police officers, for various human rights violations. By year's end
of the 177 cases filed, 137 were resolved and 40 were undergoing
summary proceedings. In response to these cases the PNP dismissed 240
of its personnel. The deputy ombudsman for the military received 71
cases involving alleged human rights abuses by the military and law
enforcement officers during the year, 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 at year's
end.
The police and military routinely provided human rights training to
their members, augmented by training from the CHR. The CHR noted that
senior PNP officials appeared receptive to respecting the human rights
of detainees, but rank-and-file awareness of the rights of detainees
remained inadequate. 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
during the course of its background investigations. In some instances a
promotion can be withheld indefinitely when 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.
The AFP did not aggressively pursue internal investigations into
alleged serious human rights abuses by some of its members. As of
August the AFP Human Rights Office monitored no new cases of killings,
disappearances, or torture during the year.
Government-armed civilian militias supplemented the AFP and the
PNP. Some politicians and clan leaders maintained their own private
armies, particularly in Mindanao.
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 picked up by security forces without a warrant and detained
arbitrarily. Detainees have the right to a judicial review of the
legality of their detention and, except for offenses punishable by a
life sentence, the right to bail. From January through March, 2,076
detainees (4 percent of detainees) were able to post bail. The law
provides that an accused or detained person has the right to a lawyer
of his choice and that the state must provide one when the accused
cannot afford one. Authorities are required to file charges within 12
to 36 hours 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. The BJMP released 39,746 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.
There were also reports that many children detained in jails were
arrested without warrants.
Six labor and human rights activists arrested on criminal charges
in 2008, including labor attorney Remigio Saladero, were released
February 5 following an order from a local court. On November 13, the
Rizal provincial prosecutor dismissed murder charges against Saladero
and others for lack of probable cause.
The NPA, as well as some Islamic separatist groups, were
responsible for a number of arbitrary detentions, including kidnappings
and hostage-taking.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judicial system suffered from
corruption and inefficiency. Personal ties and sometimes bribery
resulted in impunity for some wealthy or influential offenders and
contributed to widespread skepticism that the judicial process could
ensure due process and equal justice. The Supreme Court continued
efforts to ensure speedier trials, sanction judicial malfeasance,
increase judicial branch efficiency, and raise public confidence in the
judiciary. The Supreme Court dismissed or disciplined several judges
during the year for various crimes and infractions.
The national court system consists of four levels: local and
regional trial courts, a national court of appeals divided into 17
divisions, a 15-member Supreme Court, and an informal local system for
arbitrating or mediating certain disputes outside the formal court
system. The Sandiganbayan, the government's anticorruption court, hears
criminal cases brought against senior officials. A Shari'a (Islamic
law) court system, with jurisdiction over domestic and contractual
relations among Muslim citizens, operates in some Mindanao provinces.
The courts-martial, each composed of at least five active-duty military
officers, hear cases against military personnel accused of violating
the Philippine Articles of War. The president, the chief of staff of
the armed forces, or a military unit commander may appoint the members
of a court-martial. Military or security tribunals cannot try
civilians.
On September 16, Judge Edimer Gumbahali of the Jolo, Sulu, Shari'a
Circuit Court was shot and killed by unidentified gunmen. There were no
available witnesses and no case was filed.
Trial Procedures.--The law provides that all persons accused of
crimes be informed of the charges against them, have the right to
counsel, and be provided a speedy and public trial before a judge.
Defendants are presumed innocent and have the right to confront
witnesses against them, to present evidence, and to appeal convictions.
The authorities respected the right of defendants to be represented by
a lawyer, but poverty often inhibited a defendant's access to effective
legal representation. Skilled defense lawyers staffed the Public
Attorney's Office (PAO), but their workload was large and resources
were scarce. The PAO provided legal representation for all indigent
litigants at trial; however, during arraignment, courts may at their
option appoint any lawyer present in the courtroom to provide counsel
to the accused.
The law provides that cases should be resolved within set time
limits once submitted for decision: 24 months for the Supreme Court; 12
months for a court of appeals; and three months for lower courts.
However, these time limits were not mandatory, and, in effect, there
were no time limits for trials.
Lengthy pretrial detention remained a problem. Anecdotal evidence
suggested that, in practice, trials can take six years or more. Trials
take place in short sessions over time 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
2,182 trial court judgeships (including Shari'a courts), 539 (25
percent) were vacant. Courts in Mindanao and poorer provinces had
higher vacancy rates than the national average. Shari'a court positions
were particularly difficult to fill because of the requirement that
applicants be members of both the Shari'a Bar and the Integrated Bar.
All five Shari'a district court judgeships and 39 percent of circuit
court judgeships remained vacant. Shari'a courts do not have criminal
jurisdiction.
Political Prisoners and Detainees.--Various human rights NGOs
maintained lists of incarcerated persons they considered to be
political prisoners. At year's end, the TFDP reported that there were
255 political prisoners. The majority of persons listed had not been
convicted. Some NGOs asserted that it was frequent practice to make
politically motivated arrests of persons for common crimes, 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.
From January to December, the government released 80 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 alleged wrongs; however,
corruption was widespread in the judiciary, and cases often were
dismissed. Complainants have access to local trial courts to seek
damages for, or cessation of, human rights abuses.
During the year the Supreme Court dismissed four petitions for
writs of amparo, overturning earlier court approvals of writs in two
cases. Nine other petitions remained pending. A petition for writ of
amparo was filed during the year but was dismissed.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law provides that a judge may issue search
warrants on a finding of probable cause; however, while the government
generally respected restrictions on search and seizure within private
homes, searches without warrants occurred. Judges generally declared
evidence obtained illegally to be inadmissible.
The government generally respected the privacy of its citizens;
however, leaders of communist organizations and rural-based NGOs
complained of what they described as a pattern of surveillance and
harassment.
Forced resettlement of urban squatters, who made up at least 30
percent of the urban population, continued during the year. The law
provides certain protections for squatters; eviction was often
difficult, especially because politicians recognized squatters' voting
power. Government relocation efforts were constrained by budget
problems, and the issuance of land titles to squatters was limited.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The government was engaged in combat with antigovernment forces and
terrorists who actively sought to destabilize the country. Government
forces killed a number of civilians during clashes with antigovernment
forces. Some citizens' groups complained that the AFP, in confronting
the ASG and the NPA, illegally detained citizens, destroyed houses,
displaced residents, and shelled villages. Clashes between the AFP and
forces of the separatist group MILF continued in central Mindanao
during the first half of the year, resulting in the deaths of civilians
and the displacement of hundreds of thousands of others. On July 25,
the government and MILF signed an agreement to end hostilities and
resume discussions on a comprehensive peace agreement.
Killings.--Government forces acknowledged the deaths of civilians
in the course of military operations against the MILF, whose forces
also killed civilians as well as police officers. A National Disaster
Coordinating Council July 14 report indicated that 112 civilians were
confirmed killed in the Mindanao conflict by either rebel MILF or
government forces from August 2008 to July 2. Unconfirmed numbers of
AFP soldiers and MILF rebels also were killed in the conflict.
From January to December, according to military sources, 219
members of the AFP were killed in action during encounters with rebel
and terrorist groups: 132 by the NPA, 54 by the ASG, and 33 by the
MILF. During the same period, AFP operations resulted in 227 insurgents
killed: 165 NPA, 10 ASG and 52 MILF. The PNP recorded 27 of its
personnel killed from January through December and claimed nine ASG and
14 NPA insurgents were killed in PNP operations around the country. The
AFP also recorded 127 bombings during the year.
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 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 Jemaah
Islamiyah were responsible for a series of bombings in Cotabato City,
Jolo City, and Iligan City that killed civilians. No group claimed
responsibility for the attacks.
The government attributed fatal bombings and a beheading in Basilan
to the ASG. On August 12, 23 soldiers and at least 21 ASG members were
killed when the military launched a major offensive on a suspected ASG
training camp on Basilan. The government blamed nearby MILF forces for
firing on government troops during the counterterrorist operation.
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 extortion groups also harassed businesses
and government offices, and burned farms, businesses, and private
communication facilities to enforce the collection of ``revolutionary
taxes.''
During the year the NPA admitted responsibility for the May 23
killing of Evelyn Pitao-Dadula and her husband, declaring that Pitao-
Dadula was killed for ``political crimes against the people'' by
decision of the ``People's Court of the Communist Party.'' The NPA
``apologized'' for killing her husband.
Abductions.--There were numerous kidnappings recorded in Mindanao
and the Sulu Archipelago by various armed criminal and terrorist
groups, including the ASG. Victims often were released in exchange for
payments or rescued by authorities, while others were killed by their
captors (see section 1.a.).
On January 15, members of the ASG kidnapped ICRC workers Andreas
Notter, Eugenio Vagni, and Mary Jean Lacaba in Jolo, Sulu. Threatening
to behead the hostages, the ASG repeatedly demanded ransom and a
military withdrawal from the area. Lacaba was released April 2, and
Notter escaped on April 18. On July 12, government intermediaries
successfully negotiated for Vagni's release. At least nine other
individuals, including six public school teachers, one foreign NGO
worker, and two local microfinance employees were reportedly abducted
by ASG members in Basilan and the Zamboanga Peninsula from January to
March. These victims were either rescued or released during the year.
Unidentified persons kidnapped Irish priest Michael Sinnott on
October 11 in Zamboanga del Sur Province; he was released a month
later.
On May 15, MILF rebels took over villages in coastal Sultan Kudarat
and Maguindanao and used 20 residents as human shields to escape
pursuing government forces. The civilian 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 that it assigned persons 15 to 18 years of age to self-defense
and noncombatant duties; however, there were reports that the NPA
continued to use minors in combat. During the year the AFP reportedly
rescued 15 child soldiers, 12 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.
A 2007 study commissioned by the UN Children's Fund (UNICEF) found
that children as young as 10 years were used as soldiers or recruited
by the MILF. Most of the children were volunteers often with the
support of their families, serving in noncombat roles. During the
December 2008 visit of the special representative of the UN secretary
general, the MILF agreed to stop the recruitment and use of children in
its ranks. On July 31, UNICEF and the MILF signed an action plan to
prevent the recruitment and use of child soldiers and to release
children from all MILF units.
During the year the Department of Social Welfare and Development
(DSWD) assisted seven child soldiers 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.
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.''
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 ethics. They tended to reflect the
particular political or economic orientations of owners, publishers, or
patrons, some of whom were close associates of present or past high-
level officials. Special interests often used bribes and other
inducements to solicit one-sided and erroneous reports and commentaries
that supported their positions. Journalists continued to face
harassment and threats of violence from individuals critical of their
reporting.
Journalists continued to be killed. The Center for Media Freedom
and Responsibility reported 34 journalists killed from January through
December. Task Force Usig classified five of these cases as work-
related killings.
On January 22, two unidentified assailants in Cotabato City shot
and killed radio commentator Badrodin Abbas, known for hard-hitting
stories. The case was under investigation at year's end.
On June 9, a gunman shot and killed Crispin Perez, a local radio
station commentator and former vice governor of Mindoro Occidental. On
July 2, the National Bureau of Investigation and Perez's widow filed a
murder complaint with the Department of Justice (DOJ) against a local
police officer, who remained under restrictive custody pending the
result of a preliminary investigation.
On June 12, two unidentified men shot and killed local tabloid
reporter Antonio Castillo, known for his criticism of local
politicians, in Masbate. On July 3, a murder case was filed against one
known suspect and another unidentified suspect, both at large.
On June 25, a gunman in Agusan del Sur killed local radio
broadcaster Jonathan Petalvero. Murder charges were filed July 31
against a suspect.
On July 27, a gunman shot and killed radio broadcaster Godofredo
Linao, Jr. in Barobo town, Surigao del Sur. A murder case was filed
July 28 against several suspects who remained at large.
On November 23, an estimated 100 armed men, many of whom have not
been publicly identified, killed 57 individuals, including 30 reporters
and media workers, in election-related violence in Ampatuan town,
Maguindanao (see section 1.a.).
Task Force Usig considered the cases of Petalvero and Abbas as not
work related.
Cases of journalist killings for 2008 and 2007 remained ongoing.
On April 22, a local court acquitted the lone suspect in the 2007
killing of Davao-based broadcaster Fernando Lintuan.
On April 29, a regional trial court convicted Joy Antimara of
homicide in the 2006 killing of radio commentator Armando Pace and
sentenced him to 10 to 17 years in prison.
On May 14, the suspected mastermind in the 2005 killing of local
newspaper editor Philip Agustin was arrested in Mabalacat, Pampanga.
On May 16, an important witness to the 2004 killing of Aklan
broadcaster Herson Hinolan was arrested for defying a subpoena.
On July 13, the Supreme Court granted a petition to transfer the
trial for the 2008 murder of broadcaster Dennis Cuesta from General
Santos City to Makati City. One of the accused was a police inspector
related to the incumbent mayor of General Santos City.
On May 6, the Department of Interior and Local Government approved
the release of 18 million pesos (approximately $377,830) as cash
rewards for information leading to the arrest of persons wanted by
authorities for their involvement in media killings.
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 2008 approximately 6.2 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. Although the law requires
that groups obtain a permit to hold a rally, the government at times
followed an unwritten policy of allowing rallies to occur without the
filing of a request. The police exhibited professionalism and restraint
in dealing with demonstrators, with few exceptions. An NGO reported
that protesters were injured by police in February and May during two
protests in Metro Manila. Other reports noted that some protesters were
injured during an April 21 protest in Naga City.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the government generally respected this right in practice.
The government's campaign against terrorist groups led some human
rights NGOs to accuse the police and military of acting with bias in
their treatment of Muslims.
Intermittent government efforts to integrate Muslims into political
and economic society achieved only limited success. Many Muslims
claimed that they remained underrepresented in senior civilian and
military positions and cited the lack of proportional Muslim
representation in national government institutions. Predominantly
Muslim provinces in Mindanao lagged far behind the rest of the country
in most aspects of socioeconomic development. The percentage of the
population under the poverty level in the ARMM was almost twice as high
as the national average, with per capita income of 15,760 pesos
(approximately $330) per year.
Societal Abuses and Discrimination.--Historically, the Christian
majority has marginalized Muslims. The national culture, with its
emphasis on familial, tribal, and regional loyalties, contains informal
barriers whereby access to jobs or resources is provided first to those
of one's own family or group network. Muslims reported difficulty
renting rooms or securing retail-sector jobs if they used their real
names or wore distinctive Muslim dress. As a result, some Muslims used
Christian pseudonyms and did not wear distinctive dress when applying
for housing or jobs.
An estimated 400 to 1,000 mostly foreign nationals of Jewish
heritage lived in the country. There were no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The 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, and Lebanon. The Philippine Overseas Employment
Administration (POEA) sought to limit departures for work abroad to
persons the POEA certified as qualified for the jobs. Millions of
citizens worked overseas and remitted money home. From January through
June, such remittances accounted for approximately 10 percent of the
gross domestic product.
Forced exile is illegal, and the government did not use it.
Internally Displaced Persons (IDPs).--Sustained clashes between the
AFP and the MILF during the first half of the year caused the number of
IDPs to fluctuate. NGOs alleged that aggressive AFP tactics led to an
increased number of IDPs in June. Most IDPs were in the central
Mindanao and largely Muslim areas of Lanao del Norte, Cotabato, and
Maguindanao. The September 1 humanitarian update produced by the UN
Coordination Office estimated 66,028 IDP families or 330,140 IDP
individuals in Mindanao as of August 25.
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 to do so because of the uncertain security situation and
lack of food in their villages.
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 ceasefire 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 Manguindanao 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 Red Cross continued to provide food and essential
items such as medicine, blankets, water containers, and mosquito nets.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
However, 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; such determinations in practice implemented many
of the basic provisions of the 1951 convention. The government also
provided temporary protection to individuals who may not qualify as
refugees under the 1951 convention or its 1967 protocol. As of August
there were no reports of the government extending such protections.
The government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees. On August 27, 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 104 refugees in 2008.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right through periodic
elections that largely were free and fair and held on the basis of
universal suffrage.
Elections and Political Participation.--In 2007 midterm elections
were held for senators, representatives, provincial governors, and
local government officials. Voter turnout was high; however, incidents
of violence and allegations of fraud marred the generally free and fair
conduct of elections.
In general political parties could operate without restriction. In
October the Commission on Elections rejected an attempt by a group that
plotted an unsuccessful coup in 2003 to register a new political party.
In November it rejected a petition by Ang Ladlad, an organization
representing lesbian, gay, bisexual, and transgender (LGBT) persons, to
be registered as a political party for the 2010 elections on the
grounds that it ``tolerates immorality, which offends religious
beliefs.'' The group's petition for accreditation was previously denied
in 2007 on the grounds that it did not have an adequate national
presence. In December the commission rejected the group's appeal of the
ruling. The Commission also disqualified Ang Ladlad's president Danton
Remoto from the list of 2010 senatorial candidates, stating that he had
inadequate support to conduct a nationwide campaign.
There were no other restrictions in law or practice on
participation by women and members of minorities in politics. Many
women, including the president, held positions of leadership and
authority. There were four women in the 24-seat Senate and 51 women in
the 240-seat House of Representatives. There were two women in the 22-
member cabinet, six female associate justices on the 15-member Supreme
Court, and 17 women among the 80 governors. On August 14, President
Arroyo signed into a law the ``Magna Carta for Women,'' which requires
government agencies to hire more women over the next five years.
Along with many other citizens, Muslims and other indigenous groups
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.
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. The government convicted 71 officials in 234
corruption cases from January to November. Convictions included the
February 14 conviction of a former DOJ prosecutor, the February 18
conviction of a retired AFP major general, the March 12 conviction of a
former mayor and former municipal treasurer in Guimaras Province, and
the April 2 conviction of a former municipal treasurer in Masbate.
The law provides for the right to information on matters of public
concern. However, denial of such information often occurred when the
information related to an anomaly or irregularity in government
transactions. Much government information was not available
electronically and was difficult to retrieve.
Section 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. In
September it supported a high-level mission from the International
Labor Organization (ILO) to investigate labor rights complaints.
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) had human
rights action centers, which coordinated with CHR regional offices;
however, the CHR's regional and subregional offices remained
understaffed and underfunded. The CHR nationwide budget increased 19
percent over the prior year to 255.28 million pesos (approximately
$5.36 million). The CHR conducted numerous investigations during the
year, including into alleged vigilante killings in Davao and other
cities. The CHR faced some difficulty accessing military 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. At year's end the PNP reported 4,166 rape cases. The Bureau
of Correction's prisons and penal farms held 246 prisoners convicted of
rape, 132 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 officials of the PNP and
anecdotal reports of an increase in rape and sexual abuse charges filed
against 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. By year's
end the PNP reported 5,285 cases of wife battering and physical
injuries. This number likely underreported significantly the level of
violence against women.
A local women's support group noted that, in smaller localities,
perpetrators of abuse sometimes used personal relationships with local
authorities to avoid prosecution. On other occasions women who sought
to file complaints through the police were told to pay special fees
before their complaints could be registered.
The PNP and the DSWD both maintained help desks to assist victims
of violence against women and to encourage the reporting of crimes.
With the assistance of NGOs, officers received gender sensitivity
training to deal with victims of sexual crimes and domestic violence.
Approximately 9 percent of PNP officers were women. The PNP has a Women
and Children's Unit to deal with these matters.
Prostitution is illegal but was a widespread problem. Many women
suffered exposure to violence through their recruitment, often through
deception, into prostitution. Penalties for prostitution are light, but
persons detained for prostitution were sometimes subjected to
administrative indignities and extortion. Prostitutes were more likely
to face charges, typically vagrancy, than their clients, who generally
were not charged unless found to be committing sexual acts with a
minor. The DSWD continued to provide temporary shelter and counseling
to women engaged in both voluntary and involuntary prostitution. By
year's end the DSWD provided temporary shelter and counseling to 66
women who were victims of involuntary prostitution. Some local
officials discouraged the prosecution of those who exploited persons
through prostitution. There were no convictions under the provision of
the law criminalizing the act of engaging the services of a prostitute.
Sex tourism, with clients coming from domestic sources, the United
States, Europe, Australia, and other East Asian countries, and
trafficking in persons both domestically and internationally for sexual
exploitation and forced labor remained serious problems.
The law prohibits sexual harassment. However, sexual harassment in
the workplace was widespread and underreported due to victims' fear of
losing their jobs. Female employees in special economic zones were
particularly at risk; most were economic migrants who had no
independent workers' organization to assist with filing complaints.
Women in the retail industry worked on three- to five-month contracts
and were often reluctant to report sexual harassment for fear their
contracts would not be renewed. Some labor unions believed that firms
took punitive action against female employees who became pregnant.
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 artificial 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 promoted
natural family planning and, according to its critics, in effect
prohibited provision of ``artificial'' family planning services in city
hospitals and health centers. At year's end the executive order
remained in effect. However, many individuals had access to some forms
of contraception, although some objected to using them on religious
grounds. In urban areas social hygiene clinics served everyone who
sought consultation and treatment. Women and men were equally diagnosed
and treated for sexually transmitted infections. 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.
The law does not provide for divorce, although courts generally
recognize the legality of divorces obtained in other countries if one
of the parties is a foreign national. The government recognizes
religious annulment, but the process can be costly, which precludes
annulment as an option for many women. Many lower-income couples simply
separated informally without severing their marital ties. The family
code provides that in child-custody cases resulting from annulment,
illegitimacy, or divorce in another country, children under the age of
seven are placed in the care of the mother unless there is a court
order to the contrary. Children over the age of seven normally also
remained with the mother, although the father could dispute custody
through the courts.
In law, but not always in practice, women have most of the rights
and protections accorded to men. Although they faced workplace
discrimination, women continued to occupy senior positions in the
workforce. In an April labor force survey, 57 percent of government
officials, corporate executives, managers, and supervisors were women.
The survey also revealed that of the 2.83 million unemployed persons,
38.5 percent were women and 61.5 percent were men.
The National Commission on the Role of Filipino Women, renamed the
Philippine Commission on Women, composed of 10 government officials and
11 NGO leaders appointed by the president, acted as an oversight body
whose goal is to press for effective implementation of programs
benefiting women.
Children.--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.
The government devoted considerable resources to the education,
welfare, and development of children. The Department of Education's
(DepEd) 12 percent share of the national budget was the largest of any
cabinet department. Nevertheless, children faced serious problems.
Elementary and secondary education is free and compulsory through
age 11, but the quality of education remained poor. During the year
according to DepEd figures, the estimated annual per pupil expenditure
for basic education was 7,789 pesos(approximately $163). The public
school enrollment rate was 76 percent. According to the 2007 UNICEF
Mid-Term Review, boys were more likely than girls to drop out of
school. Children could be deprived of education if they lacked required
documents, such as birth certificates.
Child abuse remained a problem. During the year DSWD offices served
6,022 victims of child abuse, of whom 67 percent were girls.
Approximately 46 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 to prosecute accused pedophiles vigorously.
Child prostitution continued to be a serious problem. Since the
passage of a law against child labor in 2003, the Department of Labor
and Employment (DOLE) ordered the closure of 15 establishments for
allegedly prostituting minors. Trials in these cases were ongoing.
During the year 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.
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.
Reclusion perpetua, a 40-year sentence that has no option for pardon or
parole until 30 years have been served and carries a lifetime bar to
holding political office, is the maximum penalty for rape. On November
17, 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 ($1,049 to $104,953), depending on
the gravity of the offense. One NGO reported that pornographers forced
some children to engage in pornographic activity. In March a Cebu woman
was sentenced to life imprisonment and fined three million pesos
($62,972) for child pornography involving five minors.
The NPA and ASG continued to recruit minors both as combatants and
noncombatants (see section 1.g.).
UNICEF estimated that there were approximately 250,000 street
children. Many street children appeared to be abandoned and engaged in
scavenging or begging. At year's end the DSWD had provided services to
40,861 street children nationwide.
A variety of national executive orders and laws provide for the
welfare and protection of children. Police stations have child and
youth-relations officers to ensure that child suspects are treated
appropriately. However, procedural safeguards were often ignored in
practice. According to the BJMP, 316 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. There were also reports that many
children detained in jails appeared to have been arrested without
warrants.
NGOs alleged that vigilantes with ties to government authorities
were responsible for killing street children in Davao and other major
cities (see section 1.a.). Children were affected by displacement in
central Mindanao and generally had access to government services (see
section 2.d.).
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.
Trafficking in Persons.--Trafficking in persons is prohibited under
the law, which defines several activities related to trafficking in
persons as illegal and imposes stiff penalties--up to life
imprisonment--for convicted offenders. Nonetheless, trafficking
remained a serious problem. The country was a source, transit point,
and destination for men, women, and children trafficked for the
purposes of sexual exploitation and forced labor. A significant number
of men and women who migrated abroad for work were subjected to
conditions of involuntary servitude in the Middle East, North America,
and other parts of Asia. Women were trafficked abroad for commercial
sexual exploitation, primarily to Japan, Malaysia, Singapore, Hong
Kong, South Korea, and countries in the Middle East and Western Europe.
Women and children were also trafficked within the country, primarily
from rural areas to urban areas for forced labor as domestic workers
and factory workers and for sexual exploitation. A smaller number of
women were occasionally trafficked from China, South Korea, Japan, and
Russia to the country for sexual exploitation. Child sex tourism
continued to be a serious problem, with sex tourists coming from
Northeast Asia, Europe, and North America to engage in sexual activity
with minors.
Both adults and children were trafficked domestically from poor,
rural areas in the southern and central parts of the country to major
urban centers, especially Metro Manila and Cebu, but also increasingly
to cities in Mindanao. A significant percentage of the victims of
internal trafficking came from Mindanao who were fleeing the poverty
and violence in their home areas. Approximately 75 percent of the
trafficking victims provided with temporary shelter and counseling by
the NGO Visayan Forum Foundation were from Mindanao. The Visayan region
was also a source of trafficking victims. Women and girls were far more
at risk of becoming victims of trafficking than men and boys.
Traffickers often targeted persons seeking overseas employment. An
estimated four million Filipinos served as temporary overseas workers,
approximately 4 percent of the population and 10 percent of the
workforce. Most trafficking victims were females ages 13 to 30 from
poor farming families. The traffickers generally were private
employment recruiters and their partners in organized crime. Many
recruiters targeted persons from their own hometowns, promising
respectable and lucrative jobs.
Although the government pursued trafficking cases under the
antitrafficking law as well as other related laws, its efforts were
hampered by slowness of the courts, a high vacancy rate among judges,
resource constraints within law enforcement agencies, endemic
corruption, and general inefficiency of the judicial system. NGOs
reported that an impediment to successful trafficking prosecutions is
the lack of understanding of trafficking among judges, prosecutors, and
especially law enforcement officers. On September 29, in a case filed
and prosecuted by an NGO, a regional trial court in Manila sentenced
two human traffickers--including a police officer--to life in prison
and fined them two million pesos (approximately $41,980) for
trafficking minors in 2005. The convicted police officer was the
country's first public official convicted for human trafficking. On
October 29, a trafficker was convicted and sentenced to over 30 years'
imprisonment for three counts of sexual abuse and violation of the
antitrafficking law for recruiting minors for commercial sex. On
November 17, a trafficker pled guilty to acts that promote trafficking,
a crime under the antitrafficking law, and was sentenced to 15 years'
imprisonment and fined one million pesos (approximately $20,990). On
November 23, three traffickers were convicted and sentenced to life
imprisonment. The court fined each of them two million pesos
(approximately $41,980) for recruiting a minor in 2006 under a pretext
of offering a job overseas. On December 22, a trafficker was convicted
and sentenced to eight to 10 years' imprisonment in a 2006 case
involving illegal recruitment of a minor for employment in Manila as an
entertainer. The government did not convict any offenders for labor
trafficking.
The DOJ assigned responsibility to 20 prosecutors who, in addition
to their regular workloads, also handled the preliminary investigation
and prosecution of trafficking cases at the national level. There were
95 prosecutors at the regional, provincial, and municipal levels with
similar responsibilities for trafficking. The principal investigative
agencies were the National Bureau of Investigation, the Bureau of
Immigration, the Philippine Center for Transnational Crimes, and the
PNP's Criminal Investigation and Detection Group, with the
participation of other members of the Interagency Council Against
Trafficking. The government cooperated with international
investigations of trafficking. The ombudsman created a task force for
trafficking-related corruption cases. Corruption among law enforcement
agents remained a particular obstacle to improved antitrafficking
performance. It was widely believed that some government officials were
involved in, or at least permitted, trafficking operations within the
country.
The PNP investigated 310 cases of trafficking during the year. By
year's end 36 new cases of trafficking were filed for prosecution, of
which 15 were pending trial.
There was anecdotal evidence that some lower-level officials such
as customs officers, border guards, immigration officials, local
police, or others received bribes from traffickers or otherwise
facilitated trafficking. The government continued to provide training
on the antitrafficking law and to send local officials to NGO-conducted
antitrafficking training programs. With the government's own resources
severely limited, it relied on partnerships with foreign government
agencies, other foreign donors, and internationally funded NGOs for
assistance with training and public awareness campaigns. The government
continued to improve the standard operating procedures for trafficking
task forces at international ports of entry. The Bureau of Immigration
continued efforts to detect trafficking at exit points and deter
traffickers. To address labor trafficking, the Bureau of Immigration at
the Manila and Clark international airports in the first 10 months of
the year, offloaded 7,880 passengers who were not properly documented
and believed to be at risk for illegal recruitment and trafficking, a
nine-fold increase from full-year 2008 data. It also introduced a
warning message against human trafficking, abuse and exploitation of
women and children, and drug trafficking in airport immigration
arrival/departure forms used by thousands of international passengers
every day.
The government increased efforts to protect victims of trafficking,
although it continued to rely on NGOs and international organizations
to provide services to victims. Victims who were identified were not
penalized for crimes committed as a direct result of being trafficked.
The government, in conjunction with NGO partners, assisted victims by
providing temporary residency status and relief from deportation;
shelter; and access to legal, medical, and psychological services. By
year's end the DSWD provided temporary shelter and social services to
207 women and 221 juvenile trafficking victims. Additional protective
services included hotlines for reporting cases and the operation of 24-
hour halfway houses in 13 regions of the country to assist victims.
The government rarely deported or charged victims of trafficking
with crimes; however, police sometimes charged women in prostitution
with vagrancy. There were no reliable statistics indicating whether
these individuals were trafficking victims.
Victims may file civil suits or seek legal action against
traffickers but rarely did so. Most victims who chose to do so filed
charges of illegal recruitment. The government encouraged victims to
assist in the investigation and prosecution of trafficking and related
crimes, but the financial and emotional costs of prolonged and delayed
court proceedings, which may take place in other provinces, often
deterred victims from doing so. In labor trafficking cases,
particularly involving overseas foreign workers, lengthy and costly
trial procedures often encouraged victims to resolve their cases
through mediation as opposed to criminal trials. The NGO International
Justice Mission (IJM), employing private investigators and lawyers,
coordinated with the government in an effort to increase the number of
prosecutions on behalf of victims of trafficking and commercial sexual
exploitation. The IJM prosecuted cases in close coordination with DOJ
prosecutors; it initiated 51 cases, 23 of which were pending at year's
end.
Numerous government agencies and officials, as well as NGOs and
international organizations, continued to support public information
campaigns against trafficking.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with disabilities in employment,
education, access to health care, and other social services. The law
provides for equal physical access for persons with both physical and
mental disabilities to all public buildings and establishments. The
National Council for the Welfare of Disabled Persons formulates
policies and coordinates the activities of all government agencies for
the rehabilitation, self-development, and self-reliance of persons with
disabilities and their integration into the mainstream of society. The
DOLE's Bureau of Local Employment 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 1,533 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 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 as well as
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. No members of Congress
were of indigenous descent.
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. On August 19, Manobo indigenous
communities and a local NGO protested the presence of military forces
in Lianga, Surigao del Sur.
A National Commission on Indigenous People, staffed by tribal
members, implemented constitutional provisions to protect indigenous
people. During the year the commission had a budget of 735.4 million
pesos (approximately $15.4 million). During the year the commission
awarded Certificates of Ancestral Land and Ancestral Domain Titles
covering over 1.11 million acres of land claimed by indigenous people.
It awarded such ``ancestral domain lands'' on the basis of communal
ownership, stopping sale of the lands by tribal leaders. The law
requires a process of informed consultation and written consent by the
indigenous group to allow mining on tribal lands and assigns indigenous
groups the responsibility to preserve their domains from
environmentally inappropriate development. Some NGOs expressed concern
that the law was not adequately enforced and that the rights of
indigenous communities, including the right to prior consent, were not
always protected. An indigenous people's NGO alleged that 39 of 64
ongoing mining projects nationwide were on ancestral lands. There were
anecdotal reports of indigenous groups, particularly the Mangyans in
Mindoro and the Ati tribe in Boracay, being displaced by tourism and
development. There were also reports of increased sales of ancestral
lands to nontribal members, reportedly brokered by tribe members.
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. There were many active LGTB organizations, and some of them
held public marches or other events during the year to promote equality
and antidiscrimination legislation. An effort by an LGBT group to
register as a political party was denied because it ``tolerates
immorality, which offends religious beliefs'' (see section 3).
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
workers, including most public employees, with the exception of the
military and the police, to form and join trade unions. Trade unions
are independent of the government. Unions have the right to form or
join federations or other labor groups.
At year's end the Bureau of Labor Relations reported 131 registered
labor federations and 15,848 private sector unions. The 1.98 million
union members included approximately 5.2 percent of the total workforce
of 38.2 million. The number of firms using contractual labor, primarily
large employers, continued to grow. There were 1,676 public sector
unions, with a total membership of 356,279 or approximately 18 percent
of the total employed persons in the public sector.
In 2007 a new labor law lowered the requirements for union
registration, and in November 2008 the DOLE issued implementing rules
and regulations for this law.
The International Trade Union Confederation and other labor rights
advocacy groups expressed concern over killings and harassment of labor
leaders and supporters and urged the government to increase efforts in
investigating these attacks. Through December the Center for Trade
Union and Human Rights (CTUHR) documented five killings of labor
leaders, including the killing of Sabina Ariola, who was shot by an
unidentified assailant en route to a rally on March 23. At year's end
an investigation was pending. In addition, the CTUHR documented 26
cases of threats, harassment, and intimidation affecting 605 workers
and labor advocates, seven cases of physical assault, and four cases of
violent dispersal of protests.
Eight cases alleging violations of labor rights were pending with
the ILO Committee on Freedom of Association (CFA). In September the
government cooperated with a high-level ILO mission to investigate
labor rights violations in the country.
Subject to procedural restrictions, strikes in the private sector
are legal; however, unions are required to provide strike notice,
respect mandatory cooling-off periods, and obtain majority member
approval before calling a strike. By law the reason for striking must
be relevant to the labor contract or the law, and all means of
reconciliation must have been exhausted. The DOLE secretary may
intervene in some labor disputes by assuming jurisdiction and mandating
a settlement if the secretary decides that the company affected by the
strike is vital to the national interest. Through December DOLE assumed
jurisdiction in 12 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 August 30, the court of
appeals upheld the validity of Nestle Philippines' dismissal of more
than 500 employees after their January 2002 strike following a deadlock
in collective bargaining agreement negotiations. The court considered
the workers' decision to ignore the DOLE's return-to-work order as
valid grounds for loss of employment.
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.
The DOLE reported four strikes involving 1,510 workers from January
to December.
Although the labor code provides that union officers who knowingly
participate in an illegal strike may be dismissed and, if convicted,
imprisoned for up to three years, there has never been a conviction
under this provision.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively. The labor
code provides for this right for employees both in the private sector
and in corporations owned or controlled by the government. A similar
right is afforded to most government workers. Collective bargaining was
practiced; however, it was subject to hindrance, and union leaders may
be subject to reprisal. International labor organizations noted that
collective bargaining in the public sector was limited. At year's end
the total number of private- and public-sector workers covered by
collective bargaining agreements was recorded at 225,167 (approximately
11.3 percent of union members and less than 1 percent of the total
workforce).
Allegations of intimidation and discrimination in connection with
union activities are grounds for review before the quasi-judicial
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.
Management dismissal or threatened dismissal of union members was
common. On January 6, approximately 300 workers picketed a Cebu-based
furniture company that had dismissed several workers and filed a
request with DOLE for a temporary shutdown in November 2008. A union
officer claimed that the company used the global financial crisis as
reason to dismiss several union members. The union filed for a notice
of strike on January 22, but the case was settled amicably on February
16. The laid-off workers were given separation benefits.
In March 2008 the CFA responded to a 2007 complaint by several
union members at the Technical Education Services and Development
Authority (TESDA) regarding the members' work-transfer orders and their
subsequent dismissal from TESDA. The committee requested the government
to reinstate the workers and provide compensation. Conflicting
decisions in 2007 from the Civil Service Commission called for the
reinstatement of the workers but also approved TESDA's decision to
dismiss them. In December 2008 a court of appeals ruled in favor of
TESDA management. In January a public-sector union representing workers
at TESDA filed a motion for reconsideration with the Supreme Court. In
April the Supreme Court denied the motion. In July the Civil Service
Commission ruled the dismissed workers should be reinstated. At year's
end TESDA's appeal of that decision was pending.
Labor groups alleged that companies in Special Economic Zones
(SEZs) used frivolous lawsuits as a means of harassing union leaders.
Labor groups reported that firms used bankruptcy as a reason for
closing and dismissing workers.
Labor law applies uniformly throughout the country, including in
SEZs; however, local political leaders and officials who governed the
SEZs attempted to frustrate union organizing efforts by maintaining
union-free or strike-free policies. 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.
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, and other areas of
the informal sector (see sections 6 and 7.d.).
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under the age of 15, except
under the direct and sole responsibility of parents or guardians or in
cases in which employment in cinema, theater, radio, or television is
essential to the integrity of the production. The law allows employment
of those between the ages of 15 to 18 for such hours and periods of the
day as are determined by the DOLE secretary but forbids the employment
of persons less than 18 years of age in hazardous or dangerous work.
However, child labor remained a common problem, and a significant
number of children were employed in the informal sector of the urban
economy as domestic workers or as unpaid family workers in rural
agricultural areas--some as bonded laborers. The government estimated
that there were approximately four million working children, an
estimated half of whom were exposed to hazardous working environments,
in industries such as quarrying, mining, deep-sea fishing, pyrotechnic
production, and agriculture, especially sugar cane plantations.
Most child labor occurred in the informal economy, often in family
settings. The government, in coordination with a number of domestic
NGOs and international organizations, implemented programs to develop
safer options for children, return them to school, and offer families
viable economic alternatives to child labor. Although the government
made attempts to devote more resources to child labor programs during
the year, resources remained inadequate.
The government and NGOs implemented programs to prevent the
engagement of children in exploitive child labor; they educated
communities on child labor and provided counseling and other activities
for children. The DOLE and the DepEd worked with NGOs to assist
children to return to school, and UNICEF and the ILO continued to work
with the government on programs for the reduction of child labor. The
government also imposed fines and instituted criminal prosecutions for
child labor violations in the formal sector, such as in manufacturing.
The trial continued for a Metro Manila garment factory that employed 10
child laborers. In October 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 March,
the DOLE conducted six rescue operations, removing 65 minors.
e. Acceptable Conditions of Work.--The national minimum wage did
not provide a decent standard of living for a worker and family.
Tripartite regional wage boards responsible for setting minimum wages
did not approve an increase during the year. Under a new law, minimum
wage earners are exempt from paying income tax. The highest minimum
wage rates were in the National Capital Region, where the minimum daily
wage for nonagricultural workers was 382 pesos ($8.02). The lowest
minimum wage rates were in the Southern Tagalog Region, where daily
agricultural wages were 187 pesos ($3.92). 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.
The regional wage boards of the National Wage and Productivity
Commission did not release any wage exemption decisions during the
first half of the year. 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 June Bureau of Working Conditions report, 497 of 1,208
inspected firms were found to have violated labor or occupational
safety and health standards. Many firms hired employees for less than
the minimum apprentice rates, even if there was no approved training in
their production-line work. The DOLE inspects establishments that
employ 10 to 199 workers to determine compliance with national labor
laws. Establishments employing 200 or more persons and unionized
establishments with collective bargaining agreements are subject to
self-assessment of compliance with labor standards. The DOLE provided
training and advisory services to enterprises with less than 10 workers
to help them comply with national labor laws and core labor standards.
From January to June, 46 percent (554 out of 1,208) of commercial
establishments inspected by the DOLE were not in compliance with the
prevailing minimum wage. The DOLE acknowledged that the shortage of
inspectors made it difficult to enforce the law. In addition to fines,
the government also used administrative procedures and moral suasion to
encourage employers to rectify violations voluntarily. Complaints about
nonpayment of social security contributions, bonuses, and overtime were
particularly common with regard to companies in SEZs.
By law the standard legal workweek is 48 hours for most categories
of industrial workers and 40 hours for government workers, with an
eight-hour per day limit. The government mandates an overtime rate of
125 percent of the hourly rate on ordinary days and 130 percent on rest
days and holidays. The law mandates one day of rest each week. However,
there is no legal limit on the number of overtime hours that an
employer may require. The DOLE conducted only sporadic inspections to
enforce limits on workweek hours. From January to June, DOLE labor
inspectors made 1,208 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. The DOLE has responsibility for policy formulation
and review of these standards, but with too few inspectors nationwide,
local authorities often must carry out enforcement. The DOLE continued
a campaign to promote safer work environments in small enterprises.
Statistics on actual work-related accidents and illnesses were
incomplete, as incidents (especially in agriculture) were
underreported. Through June the DOLE conducted inspections of 1,208
establishments on occupational safety standards compliance, 912 or 75
percent of which were able to comply upon inspection. Workers do not
have a legally protected right to remove themselves from dangerous work
situations without risking loss of employment.
The government and several NGOs worked to protect the rights of the
country's overseas citizens, most of whom were temporary or contract
workers. The government placed financial sanctions on and criminal
charges against domestic recruiting agencies found guilty of unfair
labor practices. Although the POEA registered and supervised domestic
recruiters' practices successfully, the authorities sometimes lacked
sufficient resources to ensure workers' protection overseas. It sought
cooperation from receiving countries and proposed migrant worker rights
conventions in international forums. The government also provided
assistance through its diplomatic missions in countries with
substantial numbers of migrant workers.
The labor laws protect foreign workers in the country. Foreign
workers must obtain work permits and may not engage in certain
occupations. Typically their work conditions were better than those
faced by citizens. They are not allowed to join or form unions.
__________
SAMOA
Samoa is a constitutional parliamentary democracy that incorporates
traditional practices into its governmental system. Its population was
approximately 188,000. Executive authority is vested in Head of State
Tui Atua Tupua Tamasese Efi, elected by parliament in 2007. The
unicameral parliament, elected by universal suffrage, is composed
primarily of the heads of extended families (matai). The most recent
parliamentary elections, held in 2006, were marred by charges of
bribery. All 10 by-elections subsequently ordered by the Supreme Court
were concluded by 2007 and considered generally free and fair. The
ruling Human Rights Protection Party (HRPP) maintained its majority and
continued to be the only officially recognized party in parliament.
Civilian authorities generally maintained effective control of the
security forces.
The government generally respected the human rights of its
citizens. Some problems remained, however, including poor prison
conditions, local limitations on religious freedom, domestic violence,
sexual 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.
In September a local nongovernmental organization (NGO) reported
two separate complaints of police abuse of persons in police custody.
The first complainant alleged that five police officers assaulted him,
resulting in the loss of several teeth, after he was arrested for
throwing stones while intoxicated and damaging nearby homes and road
signs. The second individual alleged police beat him after stopping his
vehicle at a roadblock, resulting in a fractured eye socket and broken
arm. According to the NGO, the complainant's car was detained because
the passengers were laughing loudly. When the complainant tried to
explain that they were not laughing at the police, officers dragged him
from the vehicle and beat him. The Ministry of Police's Professional
Standards Unit was investigating both cases at year's end.
Also in September, an associate government minister was accused of
inciting to kill a member of his village. He allegedly shot at the
victim when the victim refused to leave after village authorities
ordered him banished from the village. In December the minister pled
not guilty; the case was expected to resume in 2010.
In March a senior police officer was charged with five counts of
indecent assault and one count of sodomy for allegedly forcing a
juvenile at the Oloamanu Juvenile Center into an unwanted sexual
relationship in 2007. In June the officer pled not guilty to all
charges. The trial was pending at year's end.
Prison and Detention Center Conditions.--Prison conditions remained
poor, but there were some facility improvements during the year.
Some prison facilities were nearly a century old. The Tafaigata
men's prison had 24 cells of various sizes, including eight large
concrete cells approximately 30 feet by 30 feet in size that each held
20 to 25 inmates.
Only basic provisions were made with respect to food, water, and
sanitation. Cell lighting and ventilation remained poor; lights were
turned on only from dusk until nine in the evening. Some but not all
individual cells had toilet facilities. The separate Tafaigata women's
prison had five cells (approximately 15 feet by nine feet) that held
four to six inmates per cell. 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. Construction work at the
Oloamanu Juvenile Center was completed by year's end, and the facility
held a limited number of juveniles. Physical conditions at the juvenile
center were generally better than those for adults, but there were
unconfirmed reports of problems with food, clothing, and the water
supply.
Although some renovation work was undertaken during the year, no
new prison cells were constructed to accommodate an increased prison
population. Although exact numbers were not available, at year's end
both the men's and women's prisons had more inmates than they were
originally designed to hold. At year's end there were approximately 300
inmates at the Tafaigata men's and women's prisons, the Oloamanu
Juvenile Center, and Vaiaata Prison combined, most of whom were
incarcerated in the Tafaigata facilities.
In May a controversial prisoner weekend parole program was
suspended following an incident in March in which a prisoner on weekend
parole hijacked, beat, and stole money from a taxi driver. By year's
end the program had resumed, but only once a month and excluding those
sentenced for theft, burglary, and other serious crimes.
In May, 42 prisoners armed with machetes escaped from the Tafaigata
prison, hijacked a bus, and tried to drive it to the government
headquarters building to express their complaints about prison
conditions, including poor living conditions and food quality. The
prisoners were captured an hour later when police shot at the bus's
tires. In August some of the prisoners pled guilty to charges that
included escaping from police custody and possession of a deadly
weapon. The trial for those who pled not guilty continued at year's
end.
The government permitted monitoring visits by independent human
rights observers; however, there were no known requests during the
year. The government permitted family members and church
representatives to visit prisons every two weeks.
During the year the government made some improvements to the men's
prison facilities. These included erection of makeshift bathroom
partitions approximately six to nine feet high for greater privacy,
installation of vinyl flooring over the concrete floors, and painting
of exterior and interior walls. In addition, the prison chapel and
community hall were renovated using proceeds from sales of music
recorded by the prison choir.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The country has a small
national police force. Enforcement of rules and security within
individual villages is vested in the fono (Council of Matai).
A commissioner for police and prisons administration is appointed
to a three-year term and reports to the minister of police. Corruption
and impunity were not significant problems among the police, although
there were credible reports of minor instances of bribery, such as
bribes to avoid traffic citations. A lack of resources limited police
effectiveness.
In late January a special commission of inquiry recommended to the
attorney general that criminal charges be brought against the then
police commissioner and another senior police officer for smuggling
three firearms on board the police patrol boat in 2008. However, when
the report was submitted and the officers were called before the
cabinet, no criminal charges were brought. In February the police
commissioner was censured and the second officer was demoted. The
commissioner's contract ended during the year, and he was not
reappointed.
In March the trial resumed in the 2007 case of an assistant police
commissioner accused of indecent assault against two female police
officers. The trial, which was delayed due to court backlogs and
maternity leave of one of the female officers in the case, continued at
year's end.
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
system of bail. 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.
The judiciary consists of the District Court, the Lands and Titles
Court, the Supreme Court, and the Court of Appeal. The Court of Appeal,
the highest court, has appellate jurisdiction only and can review the
rulings of any other court. It is composed of a panel of retired New
Zealand judges and sits once a year for several weeks.
Due to staff shortages, some Supreme Court and District Court
judges faced a backlog of pending cases. Of particular concern were
postponements of rulings on constitutional cases, some of which dated
back years.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
A trial judge examines evidence and determines if there are grounds to
proceed. Defendants have the presumption of innocence. Trials are
public, and juries are used. Defendants have the right to be present
and to timely consultation with an attorney, at public expense if
required. Defendants may confront witnesses and present witnesses and
evidence on their own behalf. Defendants and their attorneys have
access to government-held evidence, and defendants have the right to
appeal a verdict. The law extends these rights to all citizens.
Many civil and criminal matters were handled by village fono, which
varied considerably in their decision-making styles and the number of
matai involved in the decisions. The Village Fono Act recognizes the
decisions of the fono and provides for limited appeal to the Lands and
Titles Court and the Supreme Court. The nature and severity of the
dispute determine which court receives an appeal. A further appeal may
be made to the Court of Appeal if necessary. According to a 2000
Supreme Court ruling, fono may not infringe upon villagers' freedom of
religion, speech, assembly, or association.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to a court
to bring lawsuits seeking damages for, or cessation of, human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The laws prohibit such actions, and the government
generally respected these prohibitions in practice. However, there is
little or no privacy in villages, where there can be substantial
societal pressure on residents to grant village officials access
without a warrant.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the government generally respected these
rights in practice.
Individuals generally could criticize government officials publicly
or privately without reprisal. However, in May the Supreme Court found
opposition member of parliament (MP) Asiata Sale'imoa Vaai guilty of
contempt of court after a newspaper published a letter he wrote to the
editor accusing the chief justice of bias in favor of the governing
party. Although Asiata appealed, the original ruling was upheld;
however, no prison sentence or fine was imposed on Asiata.
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.
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 to 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. In April, however,
the Censorship Board banned the film Milk due to its homosexual scenes
(see section 6), and in May banned the film Angels and Demons to
``avoid any religious discrimination by other denominations and faiths
against the Catholic Church.'' Other films also reportedly banned by
the board included The Butcher, Van Wilder, Unborn, and The Cell 2.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice. The constitution acknowledges an ``independent state based on
Christian principles and Samoan custom and traditions'' ; however,
there is no official or state denomination. The law grants each person
the right to change religion or belief and to worship or teach religion
alone or with others, but in practice the matai often choose the
religious denomination of their extended family.
Societal Abuses and Discrimination.--There were no significant
reports of societal religious discrimination. There was no organized
Jewish community in the country, and there were no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Displaced Persons, Protection of Refugees,
and Stateless Persons
The constitution provides for freedom of movement within the
country, foreign travel, emigration, and repatriation, and the
government generally respected these rights in practice. However,
traditional law governs villages, and village fono regularly banned
citizens from village activities or banished citizens from the village
for failing to conform to village laws or obey fono rulings. Cases of
village banishment 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 have overruled banishment orders. Some banished
persons were accepted back into the village after performing a
traditional apology ceremony called ``ifoga.''
The government was willing to cooperate with the Office of the UN
High Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern, but the need did not arise during the year.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
The law provides 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. In June the
speaker of the house ordered by-elections for the seats of nine
independent MPs who claimed membership in the Tautua Samoa Party (TSP).
The speaker asserted, as justification for this action, that the Samoa
Electoral Act prohibited formation of any new party in parliament if it
was not registered before the previous general election (in this case,
in 2006). The TSP sought a legal injunction against the speaker's
decision, and also filed a lawsuit against the speaker seeking five
million dollars in damages. In July the chief justice ruled against the
speaker's interpretation of the act's wording in this regard and in
favor of the TSP. However, in October parliament passed amendments to
the Electoral Act providing that MPs must vacate their parliamentary
seats if they become members of a political party or organization that
was not registered at the time of the previous general election, or if
they become members of a party or organization of which they were not
members when they took their oath of allegiance as MPs. In December the
TSP suspended indefinitely, but did not formally withdraw, its suit.
While the constitution gives all citizens above age 21 the right to
vote and run for office, by social custom candidates for 47 of the 49
seats in parliament are drawn from the approximately 30,000 matai.
Matai are selected by family agreement; there is no age qualification.
Although both men and women are permitted to become matai, only 8
percent were women. Matai controlled local government through the
village fono, which were open to them alone.
There were four women in the 49-member parliament, three of whom
served in the 13-member cabinet. In addition, 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.
The political rights of citizens who are not of ethnic Samoan
heritage are addressed by the reservation of two parliamentary seats
for at-large MPs, known as ``individual voters'' seats. One at-large
cabinet minister and MP was of mixed European-Samoan heritage. Citizens
of mixed European-Samoan or Chinese-Samoan heritage were well
represented in the civil service.
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.
Public officials were not subject to financial disclosure laws;
however, such disclosure was encouraged by codes of ethics applicable
to boards of directors of government-owned corporations. The law
provides for an ombudsman to investigate complaints against government
agencies, officials, or employees, including allegations of corruption.
The ombudsman may require the government to provide information
relating to a complaint.
In June an account officer in the Ministry of Police and two
account officers in the Ministry of Finance pled not guilty to a 2008
charge of embezzling 350,000 (approximately $142,275) in police funds.
The case subsequently was adjourned and was expected to resume in
February 2010. In July a former principal accountant at the Ministry of
Revenue-Customs was convicted of embezzling more than 4,400 tala
(approximately $1,800) and ordered to repay the embezzled funds plus
court fees.
Under the law government information is subject to disclosure in
civil proceedings involving the government, unless the information is
considered privileged or its disclosure would harm the public interest.
In the case of other requests, requesters had to go through an often-
slow bureaucratic process, and consequently information was not always
obtainable in a timely manner.
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. Representatives of various UN agencies visited the
country during the year, including visits related to tsunami disaster
relief efforts.
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, sex,
disability, language, or social status, and the government generally
respected these provisions in practice. However, politics and culture
reflected a heritage of matai privilege and power, and members of
certain families of high traditional status had some advantages.
Women.--The constitution prohibits abuse of women, but common
societal attitudes tolerated their physical abuse within the home, and
such abuse was common.
Rape is illegal, but there is no legal provision against spousal
rape. Many cases of rape went unreported because common societal
attitudes discouraged such reporting. In recent years, 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 ranged from two years' to life imprisonment, but a life
sentence has never been imposed. In July a former cabinet minister pled
not guilty to 22 charges, including attempted rape, indecent assault,
and unlawful intimidation, brought on the basis of complaints from
former employees in his household. His trial had not yet begun at
year's end.
Domestic abuses typically went unreported due to social pressure
and fear of reprisal. Village fono typically punished domestic violence
offenders, but only if the abuse was considered extreme (i.e., visible
signs of physical abuse). Village religious leaders 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. A
senior judge pled not guilty to a charge of assault brought by his wife
in April; however, the case was dismissed in December when the
plaintiff failed to appear at a court hearing.
The Ministry of Police has a 10-person Domestic Violence Unit,
which received reports of domestic abuse and worked in collaboration
with NGOs that combated domestic abuse. NGO services for abused women
included confidential hot lines, in-person counseling, victim support,
and shelters.
In June the country hosted a congress of women's ministries of the
Seventh Day Adventist Church, with particular focus on the problem of
domestic violence. According to press reports, hundreds of persons
participated in a ``peace march'' in Apia prior to the conference to
call for action against abuse of women and children.
Prostitution is illegal; it existed but was not widespread. The law
prohibits sexual harassment; it was not widespread but was believed to
be underreported.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children without
discrimination, coercion, or violence. The National Health Service,
private hospitals, and general practitioners, as well as various health
care centers, provided information and access to contraception and
essential obstetric and postpartum care. 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 traditional subordinate role of women was changing, albeit
slowly, particularly in the more conservative parts of society. The
Ministry of Women, Community, and Social Development oversees and helps
secure the rights of women. To integrate women into the economic
mainstream, the government sponsored numerous programs, including
literacy programs and training programs for those who did not complete
high school.
A provision of labor law prohibits employment of women between
midnight and 6:00 a.m. unless special permission has been 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.
The government made a strong commitment to the welfare of children
through the implementation of various youth programs by the Ministry of
Women, Community, and Social Development in collaboration with the
Ministries of Education and Health. Education is compulsory through age
14; however, the government did not enforce this law. Public education
was not free; students were required to pay some school fees.
Law and tradition prohibit severe abuse of children, but both
tolerate corporal punishment. 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. For example, in March a
36-year-old father was sentenced to 20 years' imprisonment for incest
and carnal knowledge for raping his 15-year-old daughter. In May a
church minister, earlier acquitted of a rape charge, was found guilty
of indecent assault and sentenced to one year in prison, and a 44-year-
old man was sentenced to 16 years' imprisonment after pleading guilty
to raping his daughter. However, there remained instances in which
cultural factors inhibited reporting of child sexual abuse to police.
In August the family of a 14-year-old victim of a homosexual rape
reportedly accepted an apology and material compensation in lieu of
prosecution, due to fear of societal stigma.
The minimum age for consensual sex is 16; 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 matter. The maximum penalty is two years'
imprisonment.
The Ministry of Justice and Courts Administration and the Ministry
of Education, in collaboration with NGOs, carried out educational
activities to address domestic violence and inappropriate behavior
between adults and children and to promote human rights awareness.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, there were no reports that persons
were trafficked to, from, through, or within the country.
There are laws against kidnapping that could be used to prosecute
trafficking-related activities. The law provides for a penalty of up to
10 years in prison for kidnapping any person with the intent to
transport, imprison, or hold for service. Abducting or receiving a
child under age 16 is punishable by up to seven years' imprisonment. A
transnational crimes unit monitors crimes related to trafficking in
persons.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip/.
Persons With Disabilities.--There is no law pertaining specifically
to the status of persons with disabilities or regarding accessibility
for them. Tradition dictates that families care for persons with
disabilities, and this custom was observed widely in practice. There
were no reports of discrimination against persons with disabilities in
the areas of employment, education, access to health care, or the
provision of other state services. Many public buildings were old, and
only a few were accessible to persons with disabilities. Most new
buildings provided better access, including ramps and elevators in most
multistory buildings.
The Ministry of Women, Community, and Social Development has
responsibility for protecting the rights of persons with disabilities.
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. In April the government Censorship Board rejected the
screening of the film Milk, about the life of gay rights activist
Harvey Milk, on the basis that the film had ``inappropriate scenes''
that contradicted the country's Christian beliefs. In contrast, the
board allowed the screening of the film Lesbian Vampire Killers with
the explanation that the film was not necessarily about lesbians, but
about the legend of female vampires.
The Samoa Fa'afafine Association, a local transgender organization,
operated freely, without government interference; the prime minister
was the patron of the association.
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 (PSA) functioned as a union for all government
workers, who comprised 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 have exercised this right.
Workers in the private sector have the right to strike, but there
were no private-sector strikes during the year.
In September bus owners stopped service to protest the government's
refusal to pay part of the cost of retrofitting their buses following a
government-ordered change from driving on the right-hand side of the
road to the left-hand side. The action ended after the government
offered owners a three-week extension to make the changes and
assistance in negotiating extensions on loan repayments to commercial
banks to finance the changes. However, the government rejected the
Samoa Bus Association's request for direct financial assistance and
additional time to comply.
b. The Right to Organize and Bargain Collectively.--The law
provides workers with the right to organize and bargain collectively,
and workers exercised this right in practice. The PSA engages in
collective bargaining on behalf of government workers, including
bargaining on wages. Arbitration and mediation procedures are in place
to resolve labor disputes, although such disputes rarely arose.
There are no special laws or exemptions from regular labor laws in
the sole export processing zone.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, but matai frequently called upon persons,
including minors, to work for their villages. Most persons did so
willingly; however, the matai may compel those who do not.
d. Prohibition of Child Labor and Minimum Age for Employment.--It
is illegal to employ children under the age of 15 except in ``safe and
light work.'' The Ministry of Labor refers complaints of illegal child
labor to the attorney general for enforcement; however, no cases were
prosecuted during the year. The law does not apply to service rendered
to family members or the matai, some of whom required children to work
for the village, primarily on village farms. The extent of this
practice varied by village, but it generally did not significantly
disrupt children's education.
Children frequently were seen vending goods and food on Apia street
corners. The government has not made a definitive determination as to
whether this practice violates the country's labor laws, which cover
only persons who have a place of employment. Although the practice may
constitute a violation of the law, local officials mostly tolerated it.
e. Acceptable Conditions of Work.--An advisory commission to the
minister of labor makes recommendations on minimum wage increases every
five years, based on national surveys held every three years. There
were two minimum wages, last increased in 2005: two tala (approximately
$0.80) per hour for the private sector, and 2.40 tala (approximately
$.98) for the public sector. Neither provided a decent standard of
living for a worker and family unless supplemented by other activities,
such as subsistence farming and fishing. Wages in the private sector
are determined by competitive demand for the required skills but should
not be less than the minimum private-sector wage.
The provisions of the Labor Act cover only the private sector; a
separate law, the Public Service Act, covers public-sector workers.
Labor laws stipulate a standard work week of no more than 40 hours, or
eight hours per day (excluding meal times). For the private sector,
overtime pay is specified at time and a half, with double time for work
on Sundays and public holidays and triple time for overtime on such
days. For the public sector, there is no paid overtime, but
compensatory time off is given for overtime work.
The Occupational Safety Hazard Act establishes certain rudimentary
safety and health standards for workplaces, which the Ministry of
Commerce, Industry, and Labor is responsible for enforcing. The law
also covers persons who are not workers but who are lawfully on the
premises or within the workplace during work hours. However,
independent observers reported that safety laws were not enforced
strictly, except when accidents highlighted noncompliance. Work
accidents were investigated when reports were received. Many
agricultural workers, among others, were inadequately protected from
pesticides and other dangers to health. Government education and
awareness programs addressed these concerns by providing appropriate
training and equipment to agricultural workers. Safety laws do not
apply to agricultural service rendered to the matai.
While the law does not address specifically the right of workers to
remove themselves from dangerous work situations, the commissioner of
labor investigates such cases, without jeopardy to continued
employment. The government investigated several cases during the year.
Government employees are covered under different and more stringent
regulations, which were enforced adequately by the Public Service
Commission.
__________
SINGAPORE
Singapore is a parliamentary republic in which the People's Action
Party (PAP), in power since 1959, overwhelmingly dominates politics.
The population was approximately five million, with nonresident foreign
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. Civilian authorities generally maintained
effective control of the security forces.
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, 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. Through November
4,228 convicted persons were sentenced to caning, and 99.8 percent of
caning sentences were carried out.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards.
According to the International Centre for Prison Studies, as of
mid-2008 there was a total prison population of 12,349, of whom 8.4
percent were women, and as of mid-2007 the juvenile prison population
was 4.7 percent of the total. The designed capacity of the prison
system was 13,826.
The government did not allow human rights monitors to visit
prisons; however, diplomatic representatives were given consular access
to citizens of their countries.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force and the armed
forces, and the Ministry of Home Affairs 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 against suspected terrorists. The CLA has been employed
primarily against suspected organized crime and drug trafficking.
The ISA and the CLA permit preventive detention without trial for
the protection of public security, safety, or the maintenance of public
order. The ISA 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.
At year's end, 16 detainees were held under the ISA as suspected
terrorists. All of these detainees were suspected of belonging to the
terrorist group Jemaah Islamiyah.
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 Restriction
Orders (ROs) limiting their movements. The authorities stated that all
of the detainees released cooperated in investigations and responded
positively to rehabilitation.
At year's end, 45 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.
The CLA comes up for renewal every five years and was renewed in
February, with effect from October. 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 617 persons were held in drug
rehabilitation centers, 494 of whom were admitted between January and
November. 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 also appoints subordinate court
judges on the recommendation of the chief justice. The term of
appointment is determined by the Legal Service Commission (LSC), of
which the chief justice is the chairman. Under the ISA and the CLA, the
president and the minister for home affairs have substantial de facto
judicial power, which explicitly (in the case of the ISA) or implicitly
(in the case of the CLA) excludes normal judicial review. These laws
provide the government with the power to limit, on vaguely defined
national security grounds, the scope of certain fundamental liberties
that otherwise are provided for in the constitution.
Government leaders historically have used court proceedings, in
particular defamation suits, against political opponents and critics.
Both this practice and consistent awards in favor of government
plaintiffs raised questions about the relationship between the
government and the judiciary and led to a perception that the judiciary
reflected the views of the ruling party in politically sensitive cases.
The judicial system has two levels of courts: the Supreme Court,
which includes the High Court and the Court of Appeal, and the
subordinate courts. Subordinate court judges and magistrates, as well
as public prosecutors, are civil servants whose specific assignments
are determined by the LSC, which can decide on job transfers to any of
several legal service departments. The subordinate courts handle the
great majority of civil and criminal cases in the first instance. The
High Court may hear any civil or criminal case, although it generally
limited itself to civil matters involving substantial claims and
criminal matters carrying the death penalty or imprisonment of more
than 10 years. The Court of Appeal is the highest and final court of
review for matters decided in the subordinate courts or the High Court.
Supreme Court justices may remain in office until the mandatory
retirement age of 65, after which they may continue to serve at the
government's discretion for brief, renewable terms at full salary. Some
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.
In addition the law provides for Islamic courts whose authority is
limited to Islamic family law, which is applicable only to Muslims.
A two-tier military court system has jurisdiction over all military
personnel, civilians in the service of the armed forces, and volunteers
when they are ordered to report for service. The system handled
approximately 450 cases each year. The Military Court of Appeal has
jurisdiction to examine an appeal from a person convicted by a
subordinate military court. Trials are public, and defendants have the
right to be present. An accused individual also has the right to
defense representation.
Trial Procedures.--The law provides for the right to a fair trial,
and independent observers viewed the judiciary as generally impartial
and independent, except in a small number of cases involving direct
challenges to the government or the ruling party. The judicial system
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 low limits, it is the defendant's burden to prove he or she
did not have the drug for the purpose of trafficking. Convictions for
narcotics trafficking offenses carry lengthy jail sentences or the
death penalty, depending on the type and amount of the illegal
substance.
Persons detained under the ISA or CLA are not entitled to a public
trial. In addition proceedings of the advisory board under the ISA and
CLA are not public.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is no
differentiation between civil and criminal judicial procedures. The
subordinate courts handled the majority of civil cases. Access to the
courts is open, and citizens and residents have the right to sue for
infringement of human rights. 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 income
inequality, immigration policy, and the role of religion in public
life.
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. In an October 26 address to a group of
foreign lawyers, the minister of law noted that the government does not
seek to proscribe press criticism but ``demands the right of response,
to be published in the journal that published the original
article.[and] if untrue statements are made--that a person is corrupt
or that he lied--there will be a suit. Let the accuser prove it.''
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.''
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 several foreign
television news channels and many entertainment channels, including
some with news programs; these were not censored.
The Media Development Authority (MDA), a statutory board under the
Ministry of Information, Communications, and the Arts (MICA), continued
to censor broadcast media, Internet sites, and all other media,
including movies, video materials, computer games, and music. Banned
publications consisted primarily of sexually oriented materials but
also included some religious and political publications. Both the MDA
and MICA developed censorship standards with the help of a citizen
advisory panel. The ISA, the UPA, and the Films Act allow the banning,
seizure, censorship, or restriction of written, visual, or musical
materials 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 $140,000) bond, and name a person in the country to
accept legal service. The government has granted exemptions to 19 of
the 24 publications to which these requirements could apply. The Far
Eastern Economic Review (FEER, which has announced that it will cease
publication for economic reasons) continued to be subject to a 2006
government ban for failing to comply with the NPPA. Importation or
possession of FEER for sale or distribution was an offense. Readers
could access FEER on the Internet. Newspapers printed in Malaysia
cannot be imported without a special permit.
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 $70,000) for failing to comply.
Critics charged that government leaders used defamation lawsuits or
threats of such actions to discourage public criticism and intimidate
opposition politicians and the press. Conviction on criminal defamation
charges may result in a prison sentence of up to two years, a fine, or
both. There were no known new defamation suits or threats of defamation
suits against media organizations during the year. On October 7, the
High Court upheld a summary judgment against the editor and publisher
of FEER in the 2006 defamation suit brought by Prime Minister Lee Hsien
Loong and Minister Mentor Lee Kuan Yew in connection with a published
interview with opposition politician Chee Soon Juan. In November the
editor and publisher agreed to settle the case by paying the Lees
S$350,000 ($250,000) in damages and S$45,000 ($32,000) in costs.
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 March 19, the High Court found a senior editor of the Wall
Street Journal Asia in contempt of court based on the newspaper's 2008
publication of three items, including a letter to the editor that
questioned the independence of courts from the PAP government. The
court fined the editor S$10,000 (approximately $7,200) and assessed
another S$10,000 in court costs against her. In 2008 the High Court had
fined the publisher, Dow Jones, S$25,000 ($18,000) based on the same
publications.
In September the Law Society commenced disciplinary proceedings in
absentia against Gopalan Nair, who is now a foreign citizen, based on
his 2008 convictions for contempt of court for criticizing certain
judges in blog postings. Nair had apologized for those statements and
removed them from his blog, and he was permitted to leave the country
in November 2008; he subsequently retracted his apology and reposted
his criticisms on the Internet. Some observers believed that the
disciplinary proceeding was retaliation for Nair's actions after
leaving 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. Internet service providers (ISPs) are required to ensure that
content complies with the MDA's Internet code of practice. The MDA also
regulates Internet material by licensing the ISPs through which local
users are required to route their Internet connections. The law permits
government monitoring of Internet use, and the government closely
monitored Internet activities such as blogs and podcasts. The MDA was
empowered to direct service providers to block access to Web sites
that, in the government's view, undermined public security, national
defense, racial and religious harmony, or public morals. Political and
religious Web sites must register with the MDA. Although the MDA
ordered ISPs to block 100 specific Web sites that the government
considered pornographic, in general the government focused on blocking
only a small number of sites. The Internet was widely available and
used. According to International Telecommunication Union statistics for
2008, approximately 73 percent of the country's inhabitants used the
Internet.
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 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. In September the government
approved the first independent political documentary for exhibition
since 1998. 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.''
A list of banned films was available on the MDA Web site. Certain
films that were barred from general release may be allowed limited
showings, either censored or uncensored, with a special rating.
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 in an act passed on April 13,
Parliament 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.
In October a court acquitted five members of the opposition
Singapore Democratic Party charged with taking part in a 2007
procession without a valid permit. However, the court based its
decision on the applicable statute's failure to define the term
``procession.'' Parliament's April 13 change in the public assembly
laws introduced a definition of ``procession'' that would apply in
future cases. The government appealed the October acquittals to the
High Court.
In December Chee Soon Juan, Chee Siok Chin, and Gandhi Ambalan were
convicted of illegal assembly and fined S$1,000 (approximately $700).
The three refused to pay their fines, and instead each served one week
in prison.
The government closely monitored political gatherings regardless of
the number of persons present. Plain-clothes police officers often
monitored political gatherings.
Freedom of Association.--Most associations, societies, clubs,
religious groups, and other organizations with more than 10 members are
required to register with the government under the Societies Act. The
government denied registration to groups that it believed were likely
to have been formed for unlawful purposes or for purposes prejudicial
to public peace, welfare, or public order. The government has absolute
discretion in applying criteria to register or dissolve societies.
During the year the Registry of Societies received 268 registration
applications. One application processed was denied, nine were
withdrawn, and 50 were pending at year's end.
The government prohibits organized political activities except by
groups registered as political parties or political organizations. This
prohibition limits opposition activities disproportionately and
contributes to restricting the scope of unofficial political expression
and action. The PAP was able to use nonpolitical organizations, such as
residential committees and neighborhood groups, for political purposes
far more extensively than opposition parties. Political parties and
organizations are subject to strict financial regulations, including a
ban on receiving foreign donations. Due to laws regulating the
formation of publicly active organizations, there were few NGOs apart
from nonpolitical organizations such as religious groups, ethnically
oriented organizations, and providers of welfare services.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, the government restricted this right in some
circumstances. The constitution provides that all citizens or persons
in the country have the right to profess, practice, or propagate their
religious beliefs so long as such activities do not breach any other
laws relating to public order, public health, or morality.
All religious groups were subject to government scrutiny. These
groups must be registered under the Societies Act. The Maintenance of
Religious Harmony Act (MRHA) authorizes the minister for home affairs
to issue, at his discretion, a restraining order against any person in
a position of authority within a religious group who is causing
feelings of enmity or hostility between different religious groups, or
is promoting political causes, carrying out subversive activities, or
exciting disaffection against the government under the guise of
practicing religion. The MRHA prohibits judicial review of restraining
orders issued under its authority. Any restraining order must be
referred to the Council for Religious Harmony, which recommends to the
president that the order be confirmed, canceled, or amended.
Restraining orders lapse after, at most, 90 days unless confirmed by
the president. The minister must review a confirmed restraining order
at least once every 12 months and may revoke such an order at any time.
No restraining order has been issued since the MRHA was enacted in
1990.
The Presidential Council for Minority Rights examines all
legislation to ensure that it does not disadvantage particular racial
or religious communities. The council also considers and reports on
matters concerning any racial or religious community that are referred
to it by Parliament or the government. The government maintains a
relationship with the Muslim community through the Islamic Religious
Council (MUIS), which was established under the Administration of
Muslim Law Act. The MUIS advises the government on the Muslim
community's concerns, drafts a weekly approved sermon, maintains
regulatory authority over Muslim religious matters, and oversees a fund
financed by voluntary payroll deductions and used for mosque building
and social and educational purposes.
The Jehovah's Witnesses and Unification Church remained banned
along with all written materials published by the Jehovah's Witnesses'
publishing affiliates, the International Bible Students Association,
and the Watch Tower Bible and Tract Society. A person in possession of
banned literature can be fined up to S$2,000 (approximately $1,400);
for holding a meeting, the fine can be as high as S$4,000 ($2,800).
There were no arrests of Unification Church members reported during the
year. The government declined to make data available to the public
concerning arrests of Jehovah's Witnesses during the year.
There were allegations that Falun Gong practitioners faced
obstacles in obtaining or renewing work permits, visas, or permanent
residency status.
While the government did not prohibit evangelical activities, in
practice it discouraged activities that could upset intercommunal
relations, such as unsolicited public proselytizing. In May a court
convicted a Christian couple of sedition and distribution of
objectionable publications for disseminating Christian pamphlets
potentially offensive to Muslims. In sentencing each defendant to eight
weeks in prison, the court ruled that the right to proselytize is
constrained by the imperative to respect the religious beliefs of
others. The couple served five and a half weeks in prison, with the
remaining time remitted for good behavior. They lost their jobs as a
result of their criminal convictions.
In his August 16 National Day speech, Prime Minister Lee noted
dangers to the country's ``social cohesion'' arising from aggressive
proselytizing, religious intolerance, and self segregation. He
prescribed four ``rules'' governing religion in public life: racial and
religious groups must exercise tolerance and ``rules that apply only to
one group cannot be made into laws that apply to everyone;'' religion
must be separate from politics; government must be secular, and public
policy must be based on ``secular, rational considerations of public
interest;'' and common space--notably schools and workplaces--must
accommodate members of all religions. He also noted that members of
Parliament must not use churches or religious groups to mobilize
support.
Societal Abuses and Discrimination.--The size of the Jewish
community was approximately 800 to 1,000. There were no reports of
societal religious discrimination or of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice; however, it limited them in a few respects. The government
cooperated with the Office of the UN High Commissioner for Refugees and
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Citizens' choice of where to live sometimes was limited by the
government's legal requirement for ethnic balance in publicly
subsidized housing, in which the majority of citizens lived. The
government required all citizens and permanent residents over the age
of 15 to register and to carry identification cards. The government may
refuse to issue a passport and did so in the case of former ISA
detainees. Under the ISA a person's movement may be restricted.
According to official press releases, at year's end there were 45
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.
In June a court issued a warrant for the arrest of opposition
politician Chee Soon Juan for failing to appear at the resumption of a
hearing on charges arising from a 2006 protest. As a bankrupt, Chee was
required to seek the permission of the Official Assignee (OA) to leave
the country; as a criminal defendant, he was required to seek similar
permission from the trial court. Chee obtained the OA's permission to
travel to Taiwan to visit his dying father-in-law, but the court
declined his application. When Chee traveled to Taiwan without court
permission, the presiding judge issued an arrest warrant and rescinded
it only upon receiving documentary proof of Chee's father-in-law's
death.
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 post a bond equal to S$75,000 (approximately
$54,000) 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 aged 16 1/2 years and above for travel
exceeding three months, and to travelers age 13 to 16 1/2 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 imposes three conditions: they must renounce communism,
sever all links with the CPM, and agree to be interviewed by the
Internal Security Department about their past activities. Some ex-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 UN
Convention relating to the Status of Refugees or its 1967 protocol. Its
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.
During the year the government required some Burmese nationals who
held permanent residence status in Singapore to leave the country upon
expiration of their visas. The authorities determined that these
persons had attempted to hold demonstrations without approval and had
ignored police warnings. They were not required to return to Burma but
departed for third countries.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully. Opposition parties can contest elections, and
the voting and vote-counting systems are fair and free from tampering;
however, the PAP, which has held power continuously and overwhelmingly
for five decades, has used the government's extensive powers to place
formidable obstacles in the path of political opponents.
Elections and Political Participation.--Following the 2006
elections, the PAP (having captured 66.6 percent of the vote) held 82
of 84 elected constituency seats in Parliament; the opposition
Singapore Democratic Alliance (13.1 percent) and the Workers' Party
(16.3 percent) each held one elected seat. Because three seats are
reserved by law for opposition parties, the Workers' Party obtained a
second, ``nonconstituency'' seat as the opposition party with the
highest vote total.
The opposition continued to criticize what it described as PAP
abuse of its incumbency advantages to handicap opposition parties. The
PAP maintained its political dominance in part by 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 26 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 three
female ministers of state, including, since April, 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 15 percent of the general population and held
approximately the same percentage of elected seats in Parliament.
Indians made up approximately 9 percent of the general population and
held approximately 11 percent of the elected seats in Parliament. There
were four ethnic Indian ministers and one ethnic Malay minister. Two of
the 14 members of the Supreme Court were ethnic Indian; there were no
Malays on the court.
Section 4. Official Corruption and Government Transparency
There were no reports of government corruption during the year. In
the past the government actively prosecuted officials involved in
corruption. The salaries of senior officials are public information,
and political parties must report donations; however, there is no
financial disclosure law. 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.
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. The government actively participated in the creation of the
Association of Southeast Asian Nations Intergovernmental Commission on
Human Rights, which was inaugurated in October.
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 16
persons were prosecuted for rape; there were seven convictions, and 14
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. Several voluntary welfare organizations provided
assistance to abused women. During the year there were applications for
Personal Protection Orders, including a number filed by wives for
protection against their husbands. The government did not provide data
concerning such orders.
Prostitution is not illegal; however, public solicitation, living
on the earnings of a prostitute, and maintaining a brothel are illegal.
The authorities periodically carried out crackdowns on solicitation for
prostitution and arrested and deported foreign prostitutes,
particularly when their activities took place outside informally
designated red-light areas. In practice police unofficially tolerated
and monitored a limited number of brothels; prostitutes in such
establishments were required to undergo periodic health checks and
carry a health card.
There are no specific laws prohibiting stalking or sexual
harassment; however, the Miscellaneous Offenses Act (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
($3,500). A 2008 survey by a local NGO found that 54 percent of
respondents (58.3 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. 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 percent of civil service employees. They
enjoyed the same legal rights as men, including civil liberties,
employment, commercial activity, and education. The Women's Charter
gives women, among other rights, the rights to own property, conduct
trade, and receive divorce settlements. Muslim women enjoyed most of
the rights and protections of the Women's Charter. For the most part,
Muslim marriage falls under the administration of the Muslim Law Act,
which empowers the Shari'a (Islamic law) court to oversee such matters.
The law allows Muslim men to practice polygyny, although requests to
take additional spouses may be refused by the Registry of Muslim
Marriages, which solicits the views of an existing wife or wives and
reviews the financial capability of the husband. During the year there
were 36 applications for polygynous marriages. As of year's end, nine
of those applications were approved, and those remaining were either
rejected, withdrawn, or pending. Polygynous marriages constituted 2.1
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 54 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. In some occupations women earned more than their
male counterparts.
Children.--Citizenship is derived from one's parents, and birth
registration is essentially universal.
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.
Some child prostitution occurred. During the year authorities
arrested 41 female prostitutes believed to be under the age of 18, and
one man was prosecuted for and convicted of commercial sex with a minor
under 18. The age of consent to noncommercial sex is 16 years. Sexual
intercourse with anyone under 16 is punishable by up to five years in
prison and a maximum fine of S$10,000 (approximately $7,200). 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.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, the country was a destination for women and girls
trafficked from Southeast Asia and China for prostitution. Some foreign
domestic workers were subjected to abusive labor conditions that may be
indicative of labor trafficking, including physical or sexual abuse;
confiscation of travel documents; confinement; inadequate food, rest,
or accommodation; deception about wages or conditions of work; and
improper withholding of pay. Some women from Thailand and the
Philippines who traveled to the country voluntarily for prostitution or
other work were deceived or coerced into sexual servitude.
Three major laws govern trafficking and prostitution: the Women's
Charter, the Children and Young Persons Act, and the penal code.
Trafficking in women and children, regardless of whether it is related
to prostitution, is punishable by up to five years' imprisonment, a
S$10,000 (approximately $7,200) fine, and caning. Traffickers could be
prosecuted under provisions governing kidnapping, abduction, slavery,
and forced labor, which carry maximum punishments of 10 years'
imprisonment and a fine. Convicted traffickers could be found guilty of
violating more than one law. There was no specific campaign to combat
or prevent the use of fraud or coercion to recruit foreign women for
prostitution.
Between April 2008 and March, the government identified two victims
of trafficking for sexual exploitation. In one case, involving a victim
under the age of 18, the trafficker was convicted of commercial sexual
exploitation of a minor and received a one-year prison term. In the
other case, involving an adult who returned to her home country before
making a police report credibly alleging that she was coerced into
prostitution, the trafficker was convicted of living off the earnings
of prostitution and fined S$12,000 ($8,500).
Law enforcement efforts aimed at curbing prostitution may have
resulted in victims of trafficking being penalized for acts committed
as a direct result of being trafficked. In 2008 police arrested
thousands of foreign women (including 54 children) for prostitution,
who were generally incarcerated and then deported. The number of
trafficking victims among this group is unknown; however, government
measures to identify potential trafficking victims appear to have been
limited.
In practice successful investigation and prosecution of trafficking
in persons required that victims remain in or return to the country to
testify. Victims did not receive government assistance during this
period or at other times and were dependent on support from their
respective embassies or from voluntary welfare organizations (VWOs).
Some VWOs received government funding based on referrals for shelter or
other services. The government encouraged identified victims to assist
in the investigation and prosecution of trafficking offenders and made
available to all foreign victims of crime temporary immigration relief
that allowed them residency pending conclusion of their criminal cases.
The country does not otherwise provide trafficking victims with a legal
alternative to removal, including to countries where they may face
hardship and retribution. Laws prohibiting the harboring, aiding, or
abetting of illegal immigrants could, as written, subject to
prosecution NGOs that assist potential trafficking victims; however,
the authorities did not prosecute any NGOs on that basis.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The government maintained a
comprehensive code on barrier-free accessibility; this established
standards for facilities for persons with physical disabilities in all
new buildings and mandated the progressive upgrading of older
structures. There was no 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. The government also
ran vigorous campaigns to raise public awareness of issues confronting
persons with disabilities and the services available to them. A tax
deduction of up to S$100,000 (approximately $72,000) was available to
employers to defray the expense of building modifications to benefit
employees with disabilities. The country allows guide dogs for the
blind into public places and on public transportation. During the year
100 percent of public trains and 13.2 percent of buses were wheelchair
accessible.
Informal provisions in education permit university matriculation
for the visually impaired, those hard of hearing, and students with
other physical disabilities. More than 6,342 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.
The government provided funds for 29 childcare centers to take in 1,377
children with special needs.
The government allows a tax deduction of up to S$3,500
(approximately $2,500) per individual for families caring for a
sibling, spouse, or child with a disability. Mental and physical
disabilities are treated in the same way. Press coverage of the
activities and achievements of persons with disabilities was extensive,
and discrimination or abuse of persons with disabilities did not appear
to be a problem.
National/Racial/Ethnic Minorities.--Ethnic Malays constituted
approximately 15 percent of the population. The constitution
acknowledges them as the indigenous people of the country and charges
the government to support and 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.--A vigorous debate took place
in 2007, when an ultimately unsuccessful attempt took place to repeal
the section of the penal code criminalizing sex between men. After the
attempt failed, 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.
The sensitivity of the issue emerged again during the year when
social conservative activists temporarily seized control of a women's
rights NGO, the Association of Women for Action and Research (AWARE),
and accused AWARE's former leadership of promoting homosexual conduct
in the public schools through a sex education program designed under
AWARE's auspices. The Ministry of Education suspended use of the AWARE
sex education program pending further review.
On May 16, a rally in support of ``the freedom of lesbian, gay,
bisexual, and transgender persons in Singapore to love'' took place at
Speakers Corner. Participants held pink umbrellas aloft and arranged
themselves to form a large pink dot when seen from nearby high-rise
buildings. The rally took place without disturbance.
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 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
approximately three million workers, 519,000 of whom were represented
by 69 unions. Almost all of the unions (which represented virtually all
union members) were affiliated with the National Trade Union Congress
(NTUC), an umbrella organization with a close relationship with the
government.
The NTUC acknowledged that its interests were linked closely with
those of the ruling PAP, a relationship often described by both as
symbiotic. The NTUC's secretary general, Lim Swee Say, a PAP 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. 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 the water, gas, and electricity sectors. Other
workers have the legal right to strike but rarely did so. No specific
laws prohibit retaliation against strikers. The law provides that
before striking, 51 percent of unionized workers must vote in favor of
the strike by secret ballot, as opposed to the more common practice of
51 percent of those participating in the vote. 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. 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 2008, 355 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.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
government enforced the Employment Act, which prohibits employment of
children under the age of 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 2008 the median income among all households
headed by a citizen or permanent resident was S$59,400 (approximately
$42,400); among employed households headed by a citizen or permanent
resident, the median income was S$65,760 ($47,000).
The Employment Act sets the standard legal workweek at 44 hours and
provides for one rest day each week.
The Ministry of Manpower effectively enforced laws and regulations
establishing working conditions and comprehensive occupational safety
and health laws. Enforcement procedures, coupled with the promotion of
educational and training programs, were implemented to reduce the
frequency of job-related accidents. While workers have the right under
the Employment Act to remove themselves from a dangerous work
situation, their right to continued employment depended upon an
investigation by the ministry.
Because of a domestic labor shortage, 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.
Several instances of employers housing their workers in substandard
housing, or failing to provide any housing, were reported during the
year.
Although the great majority of the approximately 180,000 foreign
domestic workers (mainly from the Philippines and Indonesia) worked
under clearly outlined contracts and reported no complaints against
their employers or employment agencies, their low wages, dependence on
their employers for food and lodging, and relative isolation made some
of them vulnerable to mistreatment, abuse, and labor conditions that in
some cases could amount to involuntary servitude. The authorities fined
or imprisoned employers who abused maids. During the year the Ministry
of Manpower collected unpaid wages on behalf of maids in 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. During the year 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 523,000. Parliamentary
elections held in 2006 were considered generally free and fair,
although there were incidents of vote buying. In 2007 Parliament
elected Derek Sikua as prime minister. The Regional Assistance Mission
to the Solomon Islands (RAMSI), a multinational police-centered force
organized by Australia, arrived in the country in 2003 at the
government's invitation to assist in restoring law and order and
rebuilding the country's institutions following the 1998 to 2003 period
of violent conflict between the Malaitan and Guadalcanalese ethnic
groups. RAMSI continued its assistance during the year, and relations
between RAMSI and the government remained stable. Civilian authorities
generally maintained effective control of the security forces.
The government generally respected the human rights of its
citizens, but there were problems in some areas. Human rights problems
included lengthy pretrial detention, government corruption, and
violence and discrimination against women.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
confirmed reports of such practices during the year. There were a few
allegations by detainees that they were mistreated by police during
questioning, but they often lacked substantiating evidence.
Since its arrival in 2003, RAMSI apprehended and charged more than
240 persons allegedly responsible for human rights abuses and other
criminal acts. All these cases had been resolved by year's end.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. The government permitted
monitoring visits by independent human rights observers, and such
visits occurred during the year.
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 and Detention
The constitution prohibits arbitrary arrest and detention, and the
government generally observed these prohibitions.
Role of the Police and Security Apparatus.--A commissioner who
reports to the minister of police heads the Royal Solomon Islands
Police (RSIP) force of approximately 1,060 members, including 140
women. This force was supported by 278 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. The police service
has an inspection unit to monitor police discipline and performance.
Police corruption and impunity were not serious problems during the
year. However, some observers criticized the police as more loyal to
their respective ethnic group, or wantok (extended family), than to the
country as a whole.
At year's end no trial date had been set in the case of a Honiara
probationary police officer charged with indecent assault and attempted
rape in November 2008. He was discharged from the police and remained
free on bail at year's end.
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 brought in
10 lawyers from Australia and the Pacific Islands to eliminate 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 right to access government-held evidence, confront witnesses, and
appeal convictions. Judges conduct trials and render verdicts; there
are no juries. Accused persons are entitled to counsel, and an attorney
was provided at public expense for indigent defendants facing serious
criminal charges.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters; local courts and magistrates'
courts have civil jurisdiction. In addition, the constitution provides
that any person whose rights or freedoms have been contravened may
apply directly to the High Court for redress.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the government generally
respected these rights in practice.
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
peaceful expression of views via the Internet, including by e-mail. In
practice cost factors and lack of infrastructure limited public access
to the Internet. The International Telecommunication Union reported
that approximately 2 percent of the country's inhabitants used the
Internet in 2008.
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.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, including
anti-Semitic acts. The Jewish community was very small.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the government did not use it.
Native-born citizens may not be deprived of citizenship on any grounds.
Protection of Refugees.--Although party to the 1951 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. 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 2006 national
parliamentary elections were regarded as generally free and fair,
although there was evidence of vote buying. In April 2006 rioting broke
out in Honiara immediately following the election of Snyder Rini as
prime minister. Rini resigned, and in May 2006 Parliament elected
Manasseh Sogavare as prime minister. In 2007 Sogavare's government lost
a vote of no confidence, and Parliament elected opposition candidate
Derek Sikua as prime minister.
Political parties could operate without restriction, but they were
institutionally weak, with frequent shifts in political coalitions and
unstable parliamentary majorities.
Male dominance in government limited the role of women. There were
no women in the 50-member Parliament. Five women served as permanent
secretaries in the Sikua government. There was one female judge on the
High Court.
There were two minority (non-Melanesian) members of Parliament
(MPs).
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.
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, the LCC 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 SB$5,000 (approximately $660) on MPs or senior civil servants. The
Ombudsman Commission is responsible for investigating public complaints
of government maladministration.
During the year MP Peter Shanel's appeal of his 2008 conviction for
unlawful wounding and possession of an unlawful weapon in a restricted
area was dismissed by the High Court. He served a nine-month jail
sentence; after his release, he won back his seat in Parliament and
remained an MP at year's end.
At year's end the investigation continued of 16 MPs from the
National Alliance Party of Solomon Islands (NAPSI) for accepting
SB$50,000 (approximately $6,625) in loans from Bobo Dettke, a prominent
Honiara businessman and founder of NAPSI. Some alleged that the money
was provided by logging companies that wanted to influence key
ministries. In March the LCC held a hearing on the case; however, due
to lack of sufficient witnesses and evidence, the LCC commissioners
referred the matter back to the LCC's Investigation Department for
further investigation.
During the year the High Court upheld the government's appeal in
the cases of a former East Honiara MP and a former cabinet minister
charged in 2004 and 2005, respectively, with official corruption
involving the granting of certificates of naturalization to Chinese
nationals. A court had acquitted both on the basis of insufficient
evidence, and the government appealed the verdicts. At year's end both
men were awaiting a retrial.
In October former prime minister Sir Allan Kemakeza won election to
Parliament in a by-election in the Savo-Russells constituency. He had
previously been removed from Parliament due to his 2007 conviction for
intimidation, larceny, and demanding money with menace in connection
with a 2002 attack by a group of men on a Honiara law firm that owned
shares in the country's national bank. Although he was released from
prison in January after serving six months of a two-year sentence, at
year's end his appeal of his conviction was still pending, and several
other candidates, as well as a number of MPs, criticized as
unconstitutional the government's decision to allow him to run for the
seat.
In September the LCC chairman confirmed that, due to a lack of
staff and resources, there was a backlog of more than 50 cases still
being investigated, including a number of new cases and 13 cases
waiting to be heard by the High Court.
No law provides for public access to government information. In
practice the government generally was responsive to inquiries from the
media during the year. In September Prime Minister Sikua announced a
weekly media conference to keep the public informed of the government's
decisions and 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. 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 Minister 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,
respectively. During the year 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, it was limited by a shortage of resources.
In April the Guadalcanal Truth and Reconciliation Commission 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 to provide a forum for victims and perpetrators to
speak about the causes and impact of that violence. However, since its
establishment the commission's work was hindered by funding constraints
and slow bureaucratic processes.
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. Both
the assistant police commissioner for crime and intelligence and the
coordinator for the nongovernmental organization (NGO)-supported Family
Support Center confirmed that 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. The magistrates'
courts dealt with physical abuse of women as with any other assault,
but prosecutions were rare. 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.
Prostitution is illegal, but the statutes were not enforced. There
is no law specifically against sex tourism, although such offenses
could be prosecuted under laws against prostitution. There were no
cases of sex tourism reported during the year.
Sexual harassment is not illegal and was a problem.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children.
Contraception and adequate obstetric and postnatal care were accessible
at all government hospitals and rural health clinics, and all nurses
are trained to provide family planning services. Women and men had
equal access to diagnosis and treatment of sexually transmitted
infections.
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 also addressed women's
issues.
Children.--Citizenship is acquired both by birth in the country and
through one's parents. 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 January 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 found
that since the implementation of the policy, primary school enrollment
had increased 6 percent, and secondary school enrollment had increased
4.8 percent. According to a September article in the Solomon Star
newspaper, the permanent secretary for education stated that the
government had allocated SB$68 million (approximately $9 million) for
implementation of the new policy, including SB$20 million ($2.7
million) in foreign assistance.
The law grants children the same general rights and protections as
adults, and there are laws designed to protect children from sexual
abuse, child labor, and neglect, 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.
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.
Trafficking in Persons.--The law prohibits trafficking in persons
for labor or sexual exploitation. There were no confirmed reports that
persons were trafficked to, from, through, or within the country, but
there were anecdotal reports that young women were trafficked
internally, and from China and several Southeast Asian countries, for
the purpose of sexual exploitation on foreign ships and in logging
camps.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--There is no law or national policy on
persons with disabilities, and no legislation mandates access to
buildings for such individuals. In practice very few buildings were
accessible to persons with disabilities. 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.
In November some Chinese-owned businesses in Honiara were looted
after violence broke out following a soccer game between Malaitan and
Guadalcanalese teams.
On April 1, the government publicly released the 2008 report of a
commission of inquiry into the 2006 riots in Honiara, which largely
targeted Chinese businesses. Contributing causes cited in the report
included insufficient government delivery of essential services and
development in Honiara's settlements and inadequate policing. The NGO
Transparency Solomon Islands and opposition MPs asserted that the
government had edited the report prior to its public release; the
government stated it had released the commission's full findings and
recommendations but acknowledged it had omitted some ``sensitive
materials.''
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 were an estimated
200 cases of HIV/AIDS in the country. There was societal stigma towards
persons with HIV/AIDS, but there were no specific reports of disownment
by families as reported in the past. In April the NGO Oxfam
International funded media training to encourage journalists to report
accurate information about HIV/AIDS to increase public understanding of
the disease.
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 chief of trade unions,
approximately 55 percent of employees in the public sector and 25
percent of those in the private sector were organized.
The law 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 March workers at the Gold Ridge Mining Company, Limited called a
strike, alleging unsafe work practices and work environment, in
particular related to handling and disposal of cyanide at the site. The
company stated that independent tests of cyanide levels did not support
the workers' claims. Workers also charged that company management had
engaged in intimidation, racial discrimination, physical assault, and
unfair dismissals. In April, following a meeting between company and
union officials, the strike action was cancelled pending TDP review of
the workers' claims. The TDP subsequently ruled that the strikers'
claims had no basis.
In August the Solomon Islands Public Employees Union (SIPEU) staged
a strike after negotiations with the government over a backlog of
employee claims broke down. The claims involved such benefits as a
housing entitlement allowance and cost of living adjustment.
Conciliators were appointed to settle the dispute, and a report was
made to the TDP. The TDP dismissed all the claims except for a 12
percent increase in the cost of living allowance; the government paid
4.5 percent of this during the year, with the remaining 7 percent
scheduled to be paid by the first pay period in January 2010.
Also in August, 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 2008 Solomon Islands Telikom workers went on a two-week strike.
A deed of settlement was signed by both parties, and the TDP forwarded
it to the High Court for implementation during 2009.
The longstanding standoff between the Solomon Islands National
Union of Workers and the Russell Islands Plantation Estate continued
during the year, and estate workers remained on strike. At year's end
the case was still pending with the courts. In March the government
appointed a commission of inquiry to examine the situation, but the
commission had not released a report by year's end.
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. 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, there were some unconfirmed reports of
internal trafficking in young women for purposes of sexual
exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law forbids labor by children under 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 commissioner of labor
establishes the minimum wage in consultation with the Chamber of
Commerce, Finance Ministry, Employers Commission, and Trade Workers
Union. The minimum wage was SB$3.50 (approximately $0.46) per hour for
all workers except those in the fishing and agricultural sectors, who
received SB$2.50 (approximately $0.33). 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.
__________
THAILAND
Thailand is a constitutional monarchy with a population of more
than 66 million. The king is revered and exerts strong informal
influence. In the most recent election for the lower house of the
parliament, held in December 2007, the People's Power Party, led by
Samak Sundaravej, won a plurality. After Constitutional Court rulings
that forced two prime ministers to step down in 2008, a government led
by Abhisit Vejjajiva was inaugurated in December 2008. In March 2008
voters elected 76 senators for the upper house of the parliament. The
election process for both legislative bodies was generally viewed as
free and fair, but there were widespread allegations of vote buying.
The continuing internal conflict in the southernmost provinces led the
government to restrict some rights and delegate certain internal
security powers to the armed forces. Civilian authorities generally
maintained effective control of the security forces.
The government's
RESPECT FOR HUMAN RIGHTS
remained unchanged from
the previous year. 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 numerous dismissals, arrests, prosecutions, and
convictions of security forces in response to this behavior; however,
official impunity continued to be a serious problem. Police corruption
was widespread. A separatist insurgency in the southern part of the
country resulted in numerous human rights abuses, including killings,
committed by ethnic Malay Muslim insurgents, Buddhist defense
volunteers, and government security forces. The government maintained
some limits on freedom of speech, of the press, and of assembly. Human
rights workers, particularly those focusing on violence in the south,
reported harassment and intimidation. Trafficking in persons remained a
problem. Members of hill tribes without proper documentation continued
to face restrictions on their movement, could not own land, and were
not protected by labor laws. Government enforcement of labor laws was
ineffective.
Political unrest occurred in March and April in Pattaya and
Bangkok, when opposition street protests led to the cancellation of an
Asian summit in Pattaya and riots in Bangkok, with two civilians killed
by antigovernment protesters. The government declared a state of
emergency in the Pattaya area on April 11 and in Bangkok on April 12,
and the military restored order in Bangkok on April 13-14.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports that the government or its agents committed any
politically motivated killings; however, security forces occasionally
used excessive and at times lethal force against criminal suspects and
committed or were connected to extrajudicial, arbitrary, and unlawful
killings, including killings by security force personnel acting in a
private capacity. Government law enforcement bodies and courts took
action in some cases, including suspected extrajudicial killings by
police in Kalasin Province.
According to the Ministry of Interior's (MOI) Investigation and
Legal Affairs Bureau, between January and November, 733 persons died in
prison and 24 while in police custody. Authorities attributed most of
the deaths to natural causes. Police killed 50 suspects during the
arrest process.
By year's end no member of Task Force 39 had been charged in
connection with the death of Imam Yapa Koseng while in army custody in
March 2008. There were three lawsuits pending in the case: the
potential criminal proceeding against the military suspects, under
consideration by the National Counter-Corruption Commission (NCCC)
since June 2008; the civil lawsuit filed by Yapa's family in March
against the Ministry of Defense, Royal Thai Army (RTA), and Royal Thai
Police (RTP) that was put on hold pending the resolution of a
jurisdictional problem; and a criminal lawsuit filed on August 20 by
the family against the alleged perpetrators.
There were no developments in the 2007 death of Nopphon Chaiwichit
in Nakhon Si Thammarat Province. At year's end the Crime Suppression
Police Division in Bangkok continued its investigation.
At year's end the case of the 2007 shooting by Preecha Panpayap, a
MOI security official, in Mae Hong Son Province that killed Karenni
refugee Aie Oo had not reached the prosecution or trial stage. On
January 27, authorities forwarded the matter to the provincial police,
which established an investigatory committee but made no determination.
The governor of Mae Hong Son brought the case to the Office of the
Attorney General (OAG) in June 2008. In November the OAG decided that
it would not prosecute Preecha for deliberate homicide.
The Department of Special Investigation's (DSI) Special Case Center
accepted for investigation 10 cases suspected of being related to the
2003 ``War on Drugs'' campaign for investigation, although the killings
occurred after 2003. The DSI forwarded eight of the cases to the OAG
and one to the NCCC, and it continued to investigate one case. The DSI
issued warrants for six police officers in Kalasin Province in relation
to the killing of Kiattisak Thitboonkhrong and the subsequent cover-up.
In August the DSI submitted a brief to the state prosecutor; on
September 9, the prosecutor filed criminal charges, including a charge
of abuse of power for the three commissioned officers involved.
In October several police officers and civilians exhausted their
appeals in relation to the kidnapping and murder of the wife and son of
jeweler Santi Sithanakhan during the investigation of the Saudi Arabian
palace jewel theft in 1994. The Supreme Court upheld the death sentence
of former police commissioner Chalo Koetthet for masterminding the
scheme. Similarly, it upheld the life sentences received by one police
officer and two civilians. As for the remaining defendants, another
officer and a civilian died in prison, the last two civilians received
minor sentences, and a final officer was acquitted.
According to the Thailand Mine Action Center, during the year there
were 10 injuries due to landmines, occurring in Buriram, Kanchanaburi,
Sakaew, Sisaket, and Trat provinces. The government continued
significant public awareness campaigns, including sending landmine
awareness teams to the affected villages and landmine education teams
to local schools to inform students about the risk and prevention of
landmine injury.
There were at least four violent incidents between Thai border
rangers and Cambodian illegal loggers during the year. For example, on
September 11, border rangers shot at a group of Cambodians illegally
logging on the Thai side of the border in Surin Province. One Cambodian
was killed and another wounded in the incident. On November 27, border
rangers allegedly shot and killed one individual among a group of seven
Cambodian illegal loggers in Kap Cheung District, also in Surin
Province.
b. Disappearance.--There were no reports of politically motivated
disappearances. There were no confirmed reports that individuals
disappeared after being questioned by security officials in the
southern provinces.
On December 11 in Narathiwat Province, relatives reported that
Abduloh Abukaree disappeared after failing to return home from a nearby
tea shop. He was a key witness in a DSI case against high-ranking
police officials, connected to the disappearance of Somchai
Neelaphaijit (see below).
There were no developments in the February 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. However, the DSI
accepted it as a special case and was investigating it.
Utsaman Awaenu, a navy draftee stationed in Sattahip, Chonburi
Province, who disappeared in February 2008, was located in mid-2008 by
his family with the assistance of the Muslim Attorney Center and the
Cross Cultural Foundation.
There were no developments in the 2007 abduction of Anukorn
Waithanomsak, an assistant to a leader of the United Front for
Democracy Against Dictatorship (UDD).
On March 19, a civil court declared Muslim attorney and human
rights activist Somchai Neelaphaijit legally missing, five years after
his disappearance. In January his wife, Angkhana Neelaphaijit, met with
Prime Minister (PM) Abhisit, who susbsequently pressured the DSI to
pursue any remaining leads in the case. The DSI conducted several
searches and declared there was no new evidence. In March the DSI
stated that Police Major Ngern Thongsuk, convicted in 2007 of coercion
for his role in forcing Somchai into a car, was living in a neighboring
country and had not died in a September 2008 mudslide in Kanchanaburi
Province as previously claimed. On March 11, Deputy PM Suthep
Thaugsuban stated that those involved in Somchai's abduction would be
prosecuted; however, at year's end no additional individuals had been
charged. Somchai's disappearance in 2004 was thought to be connected to
his legal representation of criminal suspects who allegedly had been
tortured by high-ranking police officials. At year's end that case was
before the NCCC, and one of the key witnesses, Abduloh Abukaree,
disappeared on December 11, before he was able to testify.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution specifically prohibits such practices,
but there is no law that specifically prohibits torture, and it is not
punishable as an offense under criminal law. Nongovernmental
organizations (NGOs) and legal entities continued to report that
members of the police and military occasionally tortured and beat
suspects to obtain confessions. There were newspaper reports of
numerous cases in which citizens accused police and other security
officials of using brutality. At year's end no military personnel had
been charged or prosecuted; however, there were criminal actions
against RTP officers.
RTP Captain Nat Chonnithiwat and seven other police officers in the
41st Border Patrol Police unit were convicted by two separate Bangkok
courts on charges of assault, illegal detention, extortion, and
receiving bribes. Many of the victims were beaten, subjected to
electric shock, and had plastic bags placed over their heads to force
them to confess. Others were forced to pay bribes of cash and jewelry
to have charges reduced against them. At least 61 individuals filed
complaints against these officers; in July they were sentenced to three
years in prison, and in December they were sentenced to an additional
five years.
The RTP continued its investigation of the January 2008 alleged
torture of university students Ismael Tae and Amisi Manak by Yala's
Task Force ll and soldiers from a camp in Pattani. The relatives of the
victims also filed a civil suit against the RTA, which was pending at
year's end.
The case of Rayu Korkor, arrested in March 2008 by members of Task
Force 39 along with Imam Yapa Koseng and four other men, continued
under NCCC investigation. Rayu alleged that he witnessed Yapa's death
at the hands of Task Force 39 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 was pending
at year's end.
Prison and Detention Center Conditions.--Prison conditions were
poor. Prisons and detention centers were overcrowded. There were
approximately 200,000 prisoners in prisons and detention facilities
designed to hold 100,000. 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, although the
Department of Corrections maintained that the average confinement was
approximately seven days. Authorities also used heavy leg irons to
control prisoners who were deemed escape risks or harmful to other
prisoners.
Approximately 14 percent of the prison population consisted of
pretrial detainees, who were not segregated from the general prison
population. Men, women, and children often were held together in police
station cells pending indictment. Separate facilities for juvenile
offenders were available in all provinces. In rare instances juveniles
were detained with adults.
Conditions in immigration detention centers (IDCs) remained poor.
The Immigration Police Bureau, reporting to the Office of the Prime
Minister, administered IDCs, which were not subject to many of the
regulations that governed the regular prison system. There were reports
that guards physically abused detainees in some IDCs. Overcrowding and
a lack of basic medical care continued to be serious problems. There
were also complaints of inadequate and culturally inappropriate food,
especially by Muslim detainees.
International observers reported continued overcrowded conditions
for detainees in Bangkok's Suan Phlu IDC. Observers alleged that
detainees were abused while in detention. There were reports that
detainees, including children, were not permitted to exercise at some
facilities.
Access to prisons was not restricted, and the government permitted
visits by independent human rights observers and the International
Committee of the Red Cross (ICRC). ICRC representatives were allowed to
meet prisoners without third parties present and made repeated visits.
However, at year's end the military had not approved ICRC requests to
visit military detention facilities in the four southernmost provinces,
where detainees allegedly were mistreated. Authorities also continued
to deny the UN High Commissioner for Refugees (UNHCR) access to
detainees at the Suvarnabhumi Airport IDC in Bangkok. UNHCR officials
were able to interview detainees in Suan Phlu IDC, and access for third
countries to process recognized refugees for resettlement continued.
d. Arbitrary Arrest or Detention.--The constitution specifically
prohibits arbitrary arrest and detention; however, government forces
occasionally arrested and detained persons arbitrarily. Martial law,
which gives the military authority to detain persons without charge for
a maximum of seven days, remained in force in 31 of the country's 76
provinces.
The Lawyers' Council of Thailand (LCT) received 115 complaints
during the year from residents of the southern provinces about security
force operations, including improper searches and arrests made by
citing the emergency decree and presenting warrants afterwards.
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 February 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. The act includes broad powers for the military. Military and
civilian personnel make up the ISOC staff; ISOC is intended to function
as a national security force to suppress unrest. The ISA was invoked in
July for the Association of Southeast Asian Nations (ASEAN) Regional
Forum in Phuket and repeatedly in the fall for UDD rallies. Human
rights organizations and academics criticized the government for
repeatedly utilizing the ISA, with approval of the cabinet, to respond
to alleged threats to national security by restricting fundamental
rights. However, invocation of the ISA did not prevent peaceful
assembly of protesters.
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, reportedly involved
with intellectual property rights violations, and convicted on
extortion charges.
In certain regions and situations where the military plays a
security role, soldiers were arrested and charged with drug trafficking
and arms trafficking. In July the RTA dismissed 38 noncommissioned
officers for fraud and extortion for demanding money for rank and duty
promotions.
There were press reports that former police chief Patcharawat
Wongsuwan interfered in the investigation of the April attempted
killing of People's Alliance for Democracy leader Sondhi Limthongkul.
In July arrest warrants were issued for two soldiers and a police
officer. In October the NCCC charged Patcharawat with malfeasance for
his handling of the violent crackdown on the October 2008 political
protesters, leading PM Abhisit to transfer him. The case was forwarded
to the OAG but then moved to a joint NCCC-OAG committee in November; at
year's end it had not been resolved.
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 National Human Rights Commission
(NHRC), LCT, NCCC, Court of Justice, Ministry of Justice (MOJ), and
Office of the Prime Minister also accept complaints of police abuse and
corruption, as does the Office of the Ombudsman. At year's end there
were 22 petitions pending with the LCT seeking assistance to pursue
abuse of power cases against the police.
When the police department receives a complaint, an internal
investigation committee first takes up the matter and may temporarily
suspend the officer during the investigation. Various administrative
penalties exist, and serious cases can be referred to a criminal court.
The NHRC received approximately 95 complaints of police abuse between
October 2008 and the end of the year.
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.
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 the southern provinces reported they were denied permission to visit
detained family members. Foreign detainees sometimes were pressured to
sign confessions without the benefit of a competent translator. The 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 common.
The law provides defendants the right to bail, and the government
generally respected this right. However, some human rights groups
reported that police frequently either did not inform detained suspects
of their right to bail or refused to recommend bail after a request was
submitted. There were several instances of denial of bail in lese
majeste cases; both Boonyuen Prasertying and Suwicha Thakhor were
denied bail for three months between their arrests and guilty pleas. In
July 2008 police arrested activist Daranee Charnchoengsilpakul (also
known as Da Torpedo) on lese majeste charges following speeches at UDD
rallies. The court refused her bail on several occasions, and she
remained in detention for more than a year before she was sentenced on
August 28.
Under martial law the military has the authority to detain persons
without charge for a maximum of seven days.
Amnesty.--Early in the year, authorities completed the release of
31,149 prisoners pardoned by the king as part of a royal amnesty
marking his 80th birthday in 2007.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary. Although the judiciary generally was regarded as
independent, it was subject to corruption and outside influences.
According to human rights groups, the lack of progress in several high-
profile cases involving alleged abuse by the police and military
diminished the public's trust in the justice system and discouraged
some victims of human rights abuses (or their families) from seeking
justice.
The civilian judicial system has three levels of courts: courts of
first instance, courts of appeal, and the Supreme Court of Justice. In
addition there is a Constitutional Court, charged with interpreting the
constitution, and the Administrative Court, which adjudicates cases
involving government officials or state agencies. Justices nominated to
the Supreme Administrative Court are confirmed by the Senate after
being recruited by a judicial commission consisting of 10 judges and
three officials appointed by the Senate and the cabinet. Other judges
are career civil servants whose appointments are not subject to
parliamentary review.
A separate military court hears criminal and civil cases pertaining
to military personnel as well as those brought during periods of
martial law. Islamic (Shari'a) courts hear only civil cases concerning
family and inheritance matters between Muslim parties in Yala, Pattani,
Narathiwat, and Satun provinces.
Trial Procedures.--There is no trial by jury. A single judge
decides trials for misdemeanors; two or more judges are required for
more serious cases. The constitution provides for a prompt trial,
although a large backlog of cases remained in the court system. While
most trials are public, the court may order a closed trial,
particularly in cases involving national security, the royal family,
children, or sexual abuse. NGOs criticized the closure of the trial of
political activist Daranee Charnchoengsilpakul in June, which resulted
in an 18-year sentence. Her attorneys appealed the constitutionality of
the trial closure; in December the Constitutional Court declined to
accept the petition, reasoning that her conviction could be overturned
by either the appeals court or the Supreme Court.
The law provides for the presumption of innocence. In ordinary
criminal courts, defendants enjoy a broad range of legal rights,
including access to a lawyer of their choosing. A government program
sought to provide free legal advice to the poor, but indigent
defendants were not automatically provided with counsel at public
expense. The MOJ and the OAG remained committed to providing legal aid
in both civil and criminal cases but did not allocate sufficient
resources. The LCT budget was reduced by more than 25 percent in the
year. The legal aid provided was often done on a pro bono, ad hoc
basis, and it was of a low standard. Some NGOs reported that legal aid
lawyers pressured their clients into paying additional fees directly to
them. The court is required to appoint an attorney in cases where the
defendant disputes the charges, is indigent, or is a minor, as well as
in cases where the possible punishment is more than five years'
imprisonment or death. Most free legal aid came from private groups,
including the 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 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 the three southern border
provinces, expressly exclude 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, martial law gives military forces the authority to conduct
searches without a warrant, and this authority was used on some
occasions. In addition, the emergency decree covering the southern
provinces also allows authorities to make searches and arrests without
warrants. The LCT received multiple complaints from persons in the
south 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.
In contrast with 2008, there were no reports that police conducted
warrantless searches in the northern provinces or that members of
indigenous hill tribes were subjected to forced evictions and
relocations.
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 delegated certain internal security powers to the armed
forces. The decree also provides security forces broad immunity from
prosecution. The 2006 martial law, which also remained in effect in the
provinces of Narathiwat, Pattani, and Yala, gives a wide range of power
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 a series of
attacks by suspected insurgents, tension between the local ethnic Malay
Muslim and ethnic Thai Buddhist communities continued to grow,
alongside a distrust of security officials.
On March 12, suspected insurgents shot prominent human rights
activist Laila Paaitae Daoh in Krongpenang, Yala. Laila, who died from
her injuries the next day, was the fourth family member to be killed
for advocating a peaceful solution to the southern problem. Laila's
husband and second son were killed in 2006, and her eldest son was shot
and killed in 2004.
On June 8, gunmen opened fire inside the Al Furqon mosque in
Narathiwat, killing 10 and injuring 12. Police issued an arrest warrant
for a former paramilitary member, Sutthirak Kongsuwan, who was related
to a Buddhist villager killed the day before in the neighboring
district. Police later issued a second warrant for the alleged getaway
driver. Insurgents killed a pregnant Buddhist schoolteacher in the same
district earlier that week.
On June 12, gunmen shot two Buddhist monks in Yala while they
collected morning alms, killing one and seriously wounding the other.
In February the OAG decided not to pursue criminal charges against
any officials involved in the 2004 Krue Se massacre, ending the inquest
started in 2007.
On May 29, the Songkhla Provincial Court announced its verdict on
the inquest into the deaths of 78 ethnic Malay Muslim detainees at Tak
Bai in 2004. The court determined that officers were performing their
duty and were not responsible based on the immunity granted them
through provisions in the emergency decree.
According to statistics from the MOI's National Emergency
Coordinating Center, during the year separatist violence resulted in
the deaths of 510 individuals and the injury of 995 more in 935
incidents. The center also reported that at least 389 civilians were
killed and 614 injured, 78 government officials were killed and 379
injured, and 43 insurgents were killed and one injured. As in previous
years, the separatists frequently targeted government and religious
representatives, including teachers, monks, and 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 the MOI and security forces. Human
rights organizations expressed concerns about vigilantism against
ethnic Malay Muslims by these defense volunteers and other civilians,
suggesting they may have been involved in the June 8 mosque attack.
Police continued investigating the February 2007 attacks in
Narathiwat, Pattani, Yala, and Songkhla that killed nine persons and
injured approximately 70. Arrest warrants were issued for 13 suspects
for the Narathiwat attacks; of those, two were arrested and were on
trial at year's end. Two suspects were arrested and prosecuted for the
attacks in Yala and were sentenced to life imprisonment. Authorities
issued 15 arrest warrants for the March 2007 ambush of a van in Yala
that killed eight Buddhist passengers. Five of the 15 suspects were
killed during clashes with authorities at other locations, and four
were arrested.
No arrests were made for the March 2007 attacks on ethnic Malay
Muslims in which three were killed and 20 injured in Yala. There were
no developments in the investigation of the April 2007 killings of four
ethnic Malay Muslim youths in Yala, allegedly by village defense
volunteers.
Police identified five suspects in the May 2007 killing of seven
soldiers in Narathiwat, but the public prosecutor dismissed the cases.
No other suspects were arrested in the incident. A police investigation
continued in the May 2007 explosions in Hat Yai City in Songkhla; eight
arrest warrants were issued, but no arrests were made. Police arrested
three suspects in the May 2007 bombing of Saba Yoi District market in
Songkhla; at year's end the three were being tried.
There were no developments in the investigation of the September
2007 killing of Imam Wae-asae Madeng in Narathiwat and the October 2007
killing of Imam Asae Dengsa, also in Narathiwat. There was no progress
in the investigation of the November 2007 incident in which suspected
insurgents reportedly killed a Muslim man for cooperating with security
officials.
Physical Abuse, Punishment, and Torture.--Civil society groups
accused the army of torturing some suspected militants at detention
facilities.
The government continued to arrest suspected militants, some of
them juveniles, and in some cases held them for a month or more under
provisions of the emergency decree and martial law. Human rights
organizations considered the arrests arbitrary, excessive, and
needlessly lengthy, and they expressed concerns about detention
facility overcrowding.
The 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 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 had been arrested during the year under the emergency decree,
with 12 killed during arrest or related skirmishes. It was unclear
whether any persons were detained under the auspices of 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.
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 trainings were
subject to interrogations and collection of biological data
(fingerprints, DNA samples, and photographs).
The Ministry of Education (MOE) reported that since 2004 insurgents
had burned more than 283 schools in the south, and burned 35 of them
more than once. During the year insurgents burned 14 schools in Yala,
Pattani, and Narathiwat and at least two that 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 MOE, 152 teachers, students, and education staff had been killed
and 261 others injured due to separatist violence since 2004. During
the year 22 students were injured and one was killed; 18 school
personnel were injured, and 13 were killed.
Separatist violence included attacks on medical facilities.
According to the Ministry of Public Health (MPH), 73 public health
volunteers had been killed, 49 health volunteers injured, and 24
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 were fleeing
violence-affected areas to other provinces in the country.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law
specifically provide for freedom of speech and of the press with some
exceptions, 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 pressure was exerted on broadcast
media to cooperate on disseminating constructive and ``balanced'' news,
particularly during the civil unrest in April. 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
and statements from fugitive former PM Thaksin Shinawatra.
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.
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 issuing an emergency decree, the government can restrict print
and broadcast media. 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.'' Under an
emergency decree, the government is authorized to censor news
considered a threat to national security. These powers were employed
during the period of political unrest in April.
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 14 speech, PM Abhisit announced the establishment of
a panel to scrutinize the enforcement of the lese majeste provisions
because of concerns they had been used as a political tool.
On August 28, a court sentenced political activist Daranee
Charnchoengsilpakul to 18 years in prison on three counts of lese
majeste. The charges stemmed from statements she made in public during
a series of antigovernment rallies in Bangkok in June and July 2008. At
year's end her case was before the appeals court.
The April 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.
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.'' Jakrapob Penkair, a
political activist, also faced lese majeste charges in connection with
the 2007 FCCT panel discussion. Jakrapob fled the country in April
after calling for armed rebellion. On June 30, charges were filed by a
private citizen against the 13-member FCCT board based on claims that
the FCCT had violated lese majeste laws by selling video copies of the
2007 panel discussion with Jakrapob.
On January 19, a court sentenced foreign author Harry Nicolaides to
three years in prison on lese majeste charges for a passage in his 2005
novel Verisimilitude that allegedly defamed the crown prince.
Nicolaides received a royal pardon from King Bhumibol on February 18
and left the country on February 21.
The November 2008 lese majeste case against social critic Sulak
Sivaraksa remained pending. He was free on bail and awaiting further
official action.
There was no government ownership or control of print media.
Political figures, prominent families, and large media conglomerates
held ownership of 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 military and police also owned
another 244 radio stations, ostensibly for national security purposes.
Other owners of national broadcast media included the government's
Public Relations Department and the Mass Communication Organization of
Thailand (MCOT), 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.
The act empowers the National Telecommunications Commission (NTC) to
enforce the law, pending the establishment of the National Broadcasting
and Telecommunications Commission (NBTC), the body tasked with
reallocating all broadcast frequencies and regulating broadcast media.
Despite assurances from the government that appointing the NBTC would
be done quickly, no progress was made on the appointment of the
regulatory body by the end of the year.
Under past legislation, radio stations had to renew their licenses
every year. The 2008 act increases radio license terms to seven years.
Radio signals were broadcast via government transmitters. Stations were
required by law to broadcast 30-minute, government-produced newscasts
twice daily. New regulations governing community radio operations took
effect in July. Community radio operators were granted a 30-day period
to register for temporary 300-day trial operating licenses with the
NTC. According to the government, more than 4,500 community radio
operators registered between July 24 and August 24. The government
warned community radio operators who failed to register with the NTC by
the August 24 deadline that they would be considered illegal if they
continued to operate and could be charged with unlicensed use of
transmitters and radio frequencies. There were no reports of government
action against unlicensed operators.
There were reports that journalists were subject to harassment,
intimidation, and violence due to their reporting, particularly during
the period of political unrest in April. 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 on April 12-14.
On April 13, groups of UDD protesters attempted to disrupt
broadcasting at local branches of state-run National Broadcasting of
Thailand and Radio Thailand in three provinces, accusing the stations
of biased reporting on the crackdown against fellow UDD members in
Bangkok.
The case of Samraeng Khamsanit, a reporter whose car was set on
fire in January 2008, as well as the shooting cases of Matichon
reporters Surayud Yongchaiyudh and Atiwat Chainurat in May and August
2008, respectively, remained under investigation at the end of the
year. All three 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.
On April 13, acting under authority of the April 12 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 a number of broadcast devices. D-Station resumed broadcasting in
May.
ISOC provincial branches reportedly called on community radio
operators not to use their networks to incite unrest and warned
operators that they would be shut down if they did not comply.
Ostensibly acting under authority of the April 12 emergency decree, at
least three community radio stations in the north and northeast
reportedly were ordered closed temporarily following claims that they
were using the airwaves to incite chaos.
The community radio station belonging to the Duang Prathip
Foundation remained closed after the May 2008 warrantless raid on its
office. The radio staff member who was arrested and prosecuted was
fined approximately 1,500 baht ($45).
Radio talk-show host Chom Phetpradab took his program off the air
on the state-run MCOT a day after he was heavily criticized by the
government for broadcasting an interview with former PM Thaksin on
September 6. Chom was said to have made the decision after Prime
Minister's Office Minister Sathit Wongnongtaey called for an
investigation into statements about the Privy Council that Thaksin made
during the interview.
Defamation is a criminal offense, punishable by a fine of up to
200,000 baht (approximately $6,000) and two years' imprisonment.
Criminal courts made several rulings on defamation and libel cases
against media figures, political activists, and politicians.
On March 25, a criminal court handed down several rulings on
defamation lawsuits filed in 2006 by Thaksin while he was prime
minister regarding allegations made at a seminar. The court found
Pramote Nakonthap and Manager Media columnist Khunthong Roseriwanit
guilty of criminal defamation for printing and distributing an article
on the seminar. They were sentenced to one year in prison and a fine of
100,000 baht ($3,000). The court separately acquitted Manager Group
owner Sondhi Limthongkul and Asia Satellite TV (ASTV) commentator
Chirmsak Pinthong, who had also participated in the seminar, reasoning
that they had acted in good faith.
On March 31, a criminal court sentenced political activist
Chanaphat na Nakhon to three months in prison, later reduced to two
months, for remarks made in 2007 defaming former foreign minister
Noppadon Pattama.
On September 10, a criminal court found Sondhi Limthongkul guilty
of defamation for statements made against a former deputy prime
minister during a weekly show presented on ASTV in 2007. Sondhi was
sentenced to two years in prison without probation. He was released on
bail the same day and stated he would appeal the conviction.
The defamation cases of two popular television talk-show hosts
remained under appeal at the end of the year.
There were no reports that the government used libel laws to
suppress criticism of political or other leaders.
The government continued to prohibit the import and sale of The
King Never Smiles, written by Paul Handley and published overseas, and
A Quarter-Century on Democracy's Thorny Path, written by Sulak
Sivaraksa. Sale of Giles Ungpkorn's book A Coup for the Rich also
continued to be prohibited.
On five separate occasions, the local distributor of The Economist
opted not to deliver the weekly magazine to subscribers. The January
24, January 31, April 18, July 4, and September 19 editions were not
made available, allegedly due to concerns over references about the
monarchy.
Internet Freedom.--Individuals and groups generally could engage in
the peaceful expression of views via the Internet, including by e-mail;
however, there were some limitations. There were some government
restrictions on access to the Internet and reports that the government
monitored Internet chat rooms. Internet access was available and used
by citizens in urban and rural areas, with an estimated penetration of
24 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
gives the Ministry of Information and Communication Technology (MICT)
authority to request and enforce the suspension of information
disseminated via computer. Under the act a 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 (approximately
$3,000) fine can be imposed for posting false content on the Internet
that undermines public security, causes public panic, or hurts others.
A maximum 20-year sentence and 300,000 baht ($9,000) fine can be
imposed if an offense results in the death of an individual. It also
obliges Internet service providers (ISPs) 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. Media
activists criticized the law, stating that the offenses were defined
too broadly and some penalties were too harsh.
There was an increase in Internet censorship, and the CCA was used
to stifle freedom of expression. The government closely monitored and
blocked numerous Web sites that expressed pro-Thaksin or republican
views and those that were critical of the monarchy, particularly during
the period of political unrest in April and during the weeks leading up
to the king's birthday in December; however, most were accessible again
by the end of the year. The government allowed relative freedom of
expression on political Web sites and discussion boards, except where
matters of the monarchy and national security were concerned. Many
political Web boards and discussion forums chose to self-censor and
closely monitored discussions to avoid being blocked.
On January 5, the MICT announced that it had blocked more than
2,300 sites for posting content deemed offensive to the monarchy. By
September it announced that it had blocked almost 9,000: 6,218 for
``national security'' concerns, 2,307 because of pornography, and 430
related to gambling. The MICT also announced that it had allocated 80
million baht (approximately $2.4 million) to support increased Web site
monitoring. According to press reports, on January 29, Justice Minister
Piripan Salirathavibhaga declared to the parliament that the ministry
had established various panels to monitor and censor Web sites posting
antimonarchy content. The MICT also set up a hotline for tips and
complaints from the public about offending Web sites.
On January 26, a young woman was arrested under provisions in the
CCA after posting second-hand comments deemed offensive to the monarchy
on her personal blog site and Prachathai.com, a popular online news Web
site. On March 6, Prachathai.com executive director Chiranuch
Premchaiporn was arrested and charged with violating article 15 of the
CCA for allowing comments to be posted that were considered offensive
to the monarchy. At year's end both individuals were free on bail and
awaiting a decision from the attorney general on whether their cases
would be prosecuted.
On April 3, Suwicha Thakhor was sentenced to 10 years in prison
under lese majeste provisions of the CCA. He was arrested in January
after police traced photographs considered offensive to the monarchy
posted to the Internet from his home computer. Media reports indicated
that he originally was sentenced to 20 years in prison but that the
sentence was reduced to 10 years after he pled guilty.
Acting under authority of the April 12 emergency decree, the MICT
advised ISPs to block more than 60 pro-Thaksin Web sites that it
alleged had posted content that could incite chaos. The order was
rescinded on April 24 following the lifting of the emergency decree,
and all Web sites reportedly were accessible shortly thereafter.
On November 1, police arrested two persons, Thiranan Vipuchanan and
Katha Pajajiriyapong, for allegedly violating the CCA by spreading
false information on the Internet about the king's medical condition,
thus endangering national security. Two additional individuals, Somchet
Ittiworakul and Thassaporn Rattawongsa, were arrested on November 3 and
November 18, respectively, on charges of disseminating inaccurate
information that threatened national security for posting comments
about the king's health on various Web sites. All four were released on
bail and at year's end were 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. According to the Ministry of Culture,
17 films were banned from release during the year, including the films
Frontiere, Halloween, and Funny Games. The ministry reportedly banned
the controversial documentary This Area Under Quarantine from screening
at the World Film Festival in Bangkok for explicit sexual content and
nudity. Theater owners and broadcasters frequently censored films
themselves before submitting them to the board. As part of the act, a
new seven-tiered rating system was introduced in August. Movie theaters
also had to apply for operation licenses by September or face up to one
million baht (approximately $30,000) in fines. There were no reports
that fines were levied or any other restrictions acted upon by the end
of 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 for the
southern provinces allows the government to limit freedom of assembly,
but this provision was not used during the year.
The provinces of Surat Thani, Phuket, and Phang Nga have provisions
that prohibited migrant workers--specifically those from Cambodia,
Burma, and Laos--from forming gatherings, among other restrictions,
while Samut Sakhon Province prohibited gatherings of more than five
persons. 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. The demonstrations drew thousands of participants and
peaked with the protests in Bangkok and Pattaya in March and April. The
protests began in late March with a virtual siege of Government House
and turned violent on April 7, when protesters attacked PM Abhisit's
motorcade in Pattaya. On April 11, after protesters broke into the
meeting site for a meeting of Asian leaders, the government canceled
the summit, and foreign leaders were evacuated by helicopter. The
government declared a state of emergency in Pattaya on April 11 and in
the Bangkok area on April 12.
On April 12, UDD protesters stormed the MOI in Bangkok, where PM
Abhisit was in meetings, and attacked his motorcade again as he tried
to leave the compound. Street fighting involving the protesters,
security forces, and other groups began on April 13, and at least 135
persons were injured, according to the MPH, including four soldiers
wounded by gunshot, and other injuries related to tear gas inhalation,
bone fractures, and shrapnel wounds. Two local residents were killed
when attacked by UDD demonstrators. On April 14, hundreds of soldiers
surrounded the UDD stronghold at Government House, and the protest
leaders called an end to the protests and asked their members to
disperse.
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.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice; however, it restricted the activities of some groups. The
constitution specifically provides for freedom of religion, provided
that the religion is not contrary to a person's ``civic duties, public
order, or good morals.''
The constitution requires that the monarch be a Buddhist, but it
does not designate a state religion. Some Buddhist organizations called
for the designation of Buddhism as the state religion, but the effort
failed. The constitution requires the government ``to patronize and
protect Buddhism and other religions.'' The government subsidized
activities of the three largest religious communities--Buddhist,
Muslim, and Christian.
Under the Religious Organizations Act, a new religion can be
registered if a national census shows that it has at least 5,000
adherents, represents a recognizably unique theology, and is not
politically active. A religious organization must also be accepted into
one of the five officially recognized ecclesiastical groups: Buddhist,
Muslim, Christian (which includes Catholicism and four Protestant
subgroups), Brahmin-Hindu, and Sikh. Since 1984 the government has not
recognized any new religious groups. Government registration confers
some benefits, including access to state subsidies, tax-exempt status,
and preferential allocation of resident visas for organization
officials. Unregistered religious organizations did not receive these
benefits but operated freely in practice.
The 1962 Sangha Act specifically prohibits the defamation or insult
of Buddhism and the sangha (Buddhist clergy). The penal code prohibits
the insult or disturbance of religious places or services of all
recognized religions in the country. Followers of the Santi Asoke sect
of Buddhism were unable legally to refer to themselves as Buddhists
because of theological disagreements with the Sangha Council, but they
were able to practice their faith without restriction.
Religious instruction is required in public schools at both the
primary and secondary education levels. The MOE has formulated a course
that contains information about all recognized religions in the
country.
In the past pondok (traditional Islamic) schools were not required
to register with the government and had no government oversight or
funding. Following the outbreak of violence in the southern provinces
in 2004, registration with the government was made mandatory. By year's
end the government had registered 401 pondok schools in Songkhla, Yala,
Pattani, and Narathiwat provinces and eight pondok schools in other
provinces. Observers estimated that as many as 1,000 pondok schools
operated in the south.
Government officials reportedly continued to monitor Falun Gong
members. The Falun Gong complained that officials attempted to limit
their activism due to fear of damaging bilateral relations with the
People's Republic of China. On April 9, three mainland Chinese members
of Falun Gong were arrested on immigration-related charges after a raid
on their home in Pattaya, one day prior to the ASEAN summit there. The
detainees were transferred to Bangkok's IDC on April 26. At year's end
two of the three remained in the IDC, and the third was resettled to a
third country. There was at least one other mainland Chinese Falun Gong
member, arrested in 2008, who continued to be detained.
The police monitored a Falun Gong peaceful demonstration in July
and their booths at two local medical festivals during the summer but
did not interfere with their activities.
Societal Abuses and Discrimination.--Violence committed by
suspected separatist militants in Narathiwat, Pattani, Songkhla, and
Yala affected the ability of some ethnic Thai Buddhists in this
predominantly ethnic Malay Muslim region to undertake the full range of
their traditional religious practices. Buddhist monks and temples were
targeted. A number of monks reported that they were unable to travel
freely through southern communities. Monks also claimed that, due to
fear of being targeted by militants, laypersons sometimes declined to
assist them in their daily activities. After the June 12 shooting of
two Buddhist monks in Yala Province, the Supreme Sangha Council ordered
the monks in the deep south to stop morning alms collection due to
safety concerns, and the approximately 1,000 monks in the area were
provided with subsistence expenses in the interim.
As a result of a series of attacks, tension between the local
ethnic Malay Muslim and ethnic Thai Buddhist communities in the south
continued to grow. However, there were no outbreaks of communal
violence between the Buddhist and Muslim communities. Many Muslims in
the south complained of societal discrimination both by Buddhist
citizens and the central government. Muslims also complained that Thai-
language newspapers presented a negative image of Muslims and their
communities, associating them with terrorists.
Insurgent groups in the south spread propaganda against Buddhists
in the form of threatening pamphlets and flyers. There were allegations
that some religious school teachers in the south preached hatred for
Buddhists as well as for Muslims who cooperated with the government and
security forces.
Muslims, who represent between 5 and 10 percent of the population
nationwide and constitute the majority in four of the five southernmost
provinces, experienced some economic discrimination, according to local
NGOs. The government attempted to address the problem by maintaining
longstanding policies designed to integrate Muslim communities into
society through developmental efforts and expanded educational
opportunities. However, these efforts were often resisted amid charges
of forced assimilation.
The Jewish community is small, and there were no reports of anti-
Semitic incidents.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, and emigration. 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, asylum seekers, stateless persons, and
other persons of concern, although with many restrictions.
Members of hill tribe minorities who were not citizens were issued
identity cards that reflected restrictions on their freedom of
movement. Holders of such cards were prohibited from traveling outside
their home district without prior permission from the district head and
needed permission from the provincial governor to travel outside their
home province. Offenders were subject to fines and jail terms. Persons
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 generally were not granted freedom of movement in the
country, although permission to move frequently was granted for
humanitarian purposes. If caught outside one of the official camps, a
refugee is subject to fines, detention, and deportation.
Other long-time noncitizen residents, including many thousands of
ethnic Shan and other nonhill tribe minorities, were required to seek
permission from local authorities or the army for foreign and domestic
travel.
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 granting 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.
IDCs in several provinces and Bangkok were designated to hold
asylum seekers resident outside the official refugee camps, who are
considered illegal migrants by law. Conditions in many IDCs were poor,
with mental and physical health problems among the asylum seekers,
often stemming from overcrowding and poor ventilation. 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, although the government allowed expansion of a pilot
program permitting a small group of refugees to work outside as part of
a vocational training program.
The government continued to offer illegal migrants the opportunity
to register and work legally, although only in certain sectors of the
economy. On May 26, the government approved a plan to open a new round
of registration for unregistered migrant laborers. The registration
process covers illegal migrants from Laos, Cambodia, and Burma who
arrived after 2004 and are employed in five sectors: fishing,
fisheries-related work, construction, farming and livestock, and
domestic work. Work permit registration must be renewed each year.
Unregistered migrants in these economic sectors must apply for
identification cards (that will act as work permits) and complete a
citizenship verification process. At the end of the year, the
government announced plans to extend for two years the original
February 2010 deadline for citizenship verification. Migrants from Laos
and Cambodia may complete their citizenship verification at locations
throughout Thailand. Burmese migrants must travel to processing centers
along both sides of the Thai-Burmese border due to Burmese government
insistence that registration take place within Burma. Civil society
observers have criticized this procedure due to perceived increased
vulnerability to exploitation of the migrant workers.
On September 16, three major workers' rights and labor
organizations submitted a complaint to the UN special rapporteur on the
human rights of migrants, requesting an investigation into the new
nationality verification process for Burmese migrants due to concerns
about the safety of the Burmese migrant communities. On October 5, the
same organizations sent a complaint letter (with recommendations) to
the prime minister, leading the government to modify aspects of the
program.
According to information compiled by the International Organization
for Migration, 1,325,057 work permits were either issued or extended
(renewed) from January to November, 1,077,981 of which were for persons
from Burma. In November the cabinet announced that migrant children of
registered migrants are entitled to register for residential permits if
their parents have residential permits as well.
Provincial Admissions Boards (PABs), the government's screening
process for Burmese seeking asylum in one of the country's nine
official refugee camps, were reactivated on a pilot basis in four camps
following a four-year hiatus. The government planned to expand the
screening process to all nine camps. While the government generally
cooperated with humanitarian organizations in assisting refugees in
official camps, cooperation with the UNHCR on protection for certain
groups remained uneven, as authorities detained large numbers of Hmong,
North Korean, and Burmese Rohingya asylum seekers and refugees. The
UNHCR was formally forbidden to conduct refugee status determinations
or provide its protection mandate to these groups, as well as to
Burmese outside the official camps. The UNHCR continued to have
informal access to asylum seekers in the main IDC in Bangkok to conduct
status interviews, and several resettlement countries were allowed to
conduct processing activities there as well. NGOs were able to provide
health and nutritional support. The government permitted UNHCR
monitoring at the facility, where many new arrivals were held.
The government continued to allow the UNHCR to monitor the
conditions of the approximately 140,000 Burmese refugees living in nine
camps along the Burmese border but prohibited the UNHCR from
maintaining a permanent presence in the border camps. NGOs provided
basic needs assistance in the camps. Authorities permitted the UNHCR to
provide identification cards to registered refugees living in the
camps.
The government continued to facilitate third-country resettlement
of camp refugees, and at year's end 16,685 Burmese were resettled from
the camps. The government was willing to assist in safe, voluntary
returns of refugees to their homes.
The government allowed NGOs to provide food, education, health
care, housing, and other services to Burmese who may have had valid
refugee claims but who resided outside the camps. Government officials
periodically arrested Burmese outside designated camps as illegal
aliens. Those arrested generally were taken to the border and released
without being turned over to Burmese authorities. Many returned to
Thailand shortly thereafter.
The government convened a special ``fast track'' PAB screening
process for certain persons affected by the 2007 crackdown on
prodemocracy protesters in Burma. The special PAB approved 98 persons
for refugee status and allowed their third-country resettlement.
Many Burmese asylum seekers encountered by army border units
continued to be returned to Burma before they could reach the
established refugee camps. However, thousands of other asylum seekers
were able to enter the country and gain entry into the refugee camps
during the year. Several thousand ethnic Karen who fled fighting in
Burma in June were permitted to remain on the Thai side of the border,
although they did not enter the camps. The government worked with NGOs
and the UNHCR to provide humanitarian assistance. International
organizations reported that on July 2, 19 newly arrived Karen refugees
who entered a refugee camp on or about June 20 were deported to an area
of Burma outside central government control.
According to the UNHCR, there were approximately 50,000
unregistered Burmese asylum seekers in the nine camps. During the year,
the newly reactivated PABs registered approximately 5,000 of them.
On December 28, the government forcibly returned 4,351 Hmong to
Laos, some possibly with valid refugee claims, from an army-run camp in
Huay Nam Khao, Phetchabun Province. The government did not grant the
UNHCR permission to interview Huay Nam Khao detainees to determine
their refugee status. During the year approximately 1,200 additional
Hmong were returned to Laos in six separate movements. Many appeared to
return voluntarily, although there was no independent third-party
monitoring of the returns. In addition to these, at least 15 detainees
were arrested for violation of camp rules and given the choice of jail
or return to Laos; all opted for the latter. Transgressions included
protesting, selling lottery tickets, and using cell phones. An internal
government screening system reportedly existed to identify detainees
who might face harm if returned to Laos; however, the government gave
few details. An NGO provided food, water, sanitation, and basic health
care in the camp.
On December 28, the government also forcibly deported to Laos 158
UNHCR-recognized Hmong refugees, including 87 children. Immediately
prior to deportation, the resettlement countries were allowed access to
the group for the first time to begin processing. The group had been
detained in small cells in the Nong Khai IDC since 2006. Several
countries sought to consider the group detained at Nong Khai for
refugee resettlement, but authorities did not permit resettlement
processing to be completed.
From late 2008 until January, local civil defense officials,
apparently acting without sanction from the central government, enacted
a ``pushback'' policy aimed at Rohingya migrants transiting the
country. Several hundred Rohingya traveling by boat were intercepted,
detained briefly, and towed back out to sea where they were released
with limited supplies of food and water. Deaths were later reported
among the groups. The pushback policy was soon rescinded after
international attention. A subsequent group of 78 migrants were placed
in indefinite detention in January. The UNHCR was granted access to
them only on one brief occasion to attempt to determine their origin;
the group appeared to include both Rohingya and Bangladeshis. The
government did not permit refugee status determinations. In July two
young men among the Rohingya asylum seekers died of illness while in
custody. In August the 76 men and boys were moved from the Ranong IDC
to the Suan Phlu IDC in Bangkok.
The government allowed ethnic Karenni Paduang refugees to depart
the country for resettlement abroad.
Stateless Persons.--A significant but indeterminate number of
stateless persons resided in the country, many of whom are known as
highlanders or members of hill tribes, and were 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 of
those categories.
The 2005 National Strategy on Redressing the Problem of Personal
Status and Rights referenced 360,000 migrant members of hill tribes
granted temporary residence due to significant duration of time in
country, 60,000 stateless children in educational institutions, and
17,606 undocumented highlanders eligible for citizenship upon proof
they are indigenous to Thailand, as well as an unspecified number of
additional stateless individuals. According to this data, the number of
stateless individuals was approximately 437,000.
Citizenship is not automatically conferred by birth occurring
within the country. By law citizenship is either based on birth to one
or more Thai parents, marriage to a Thai male, or naturalization. It
can also be acquired by means of special government-designated criteria
implemented by the MOI. Finally, it can be granted as a result of the
2008 Nationality law (see also Children in section 6). There were
significant obstacles to establishing citizenship, including
insufficient documentary evidence for stateless hill tribe people to
prove their eligibility, incomplete and contradictory census data,
language barriers, and a complex appeals process. The labyrinth of
citizenship-related laws and regulations and the existence of
substantial gray areas within and among them often led to their uneven
application as well as extortion by corrupt local officials.
Academics also reported that local officials effectively prevented
highlanders from exercising their rights as citizens by removing their
names from household registration lists. This prevented citizens from
obtaining certain jobs, accessing health care, conducting financial
transactions, and registering their children.
The 2008 Nationality Act provides citizenship eligibility to
certain categories of previously ineligible highlanders, streamlining
citizenship registration and easing evidentiary requirements. An NGO
estimated that 100,000 persons could benefit from the legislation.
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 in order 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 Act
allows these individuals to reclaim their eligibility provided they
relinquish migrant worker status and take certain steps, such as
surrendering work permits.
Implementation of the Civil Registration Act was not uniform, often
depending on local authorities' knowledge, ability, and willingness to
follow the law. While many stateless persons, including refugees, were
issued official birth certificates, others were unable to obtain the
documentation to which they are entitled.
The 2005 cabinet-approved national strategy permits individuals who
lack legal status and entered the country before January 1995 to remain
in the country temporarily and apply for legal status, including
citizenship. However, at year's end some implementing regulations were
still under development.
Stateless highland women encountered more barriers to citizenship
than 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 (approximately $90 to $1,470), 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, obtaining official recognition of
educational qualifications, and accessing government services, such as
health care. The law also prohibits stateless persons from
participating in certain occupations reserved for citizens, most
notably farming, although 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. The UN Educational, Social, and Scientific
Organization (UNESCO) 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.
Although a 2005 cabinet resolution declared that every child in the
country, regardless of legal status, was entitled to free primary
education (nine years of schooling, to age 15 or completion of middle
school), in practice the government did not always respect this right.
Human rights organizations reported that local officials often excluded
undocumented children from primary school. According to UNESCO's 2006
Highland Peoples Survey of 12,000 hill tribe households in the north,
highlanders lacking citizenship were 73 percent less likely to enter
primary school than those with citizenship, and 98 percent less likely
to progress to higher education. Moreover, human rights organizations
reported that stateless students who completed primary school often did
not receive an official graduation certificate, which hindered their
access to higher education and restricted their employment options. In
August the MOE reported that of the estimated 260,000 stateless
children in the country, only 60,000 were enrolled in the public
education system. Those remaining were either not in school or studied
at unofficial learning centers.
Any stateless person wishing to travel outside the country requires
an exit permit. During the year the Ministry of Foreign Affairs issued
exit permits to stateless persons to study abroad. Other long-time
noncitizen residents, including many thousands of ethnic Shan and other
nonhill tribe minorities, were required to seek permission from local
authorities or the army for foreign and domestic travel.
Mong Thongdee, a 12-year-old boy born to ethnic Shan Burmese
migrant workers, initially faced difficulties obtaining travel
documents to participate in an international paper airplane competition
in Japan, representing Thailand as its national champion. After
significant media attention, PM Abhisit intervened, and in September
Mong traveled to Japan to compete in the tournament.
Naruay Taterng, the 14-year-old daughter of hill tribe highlanders,
won 100,000 baht (approximately $3,000) and a trip to China as third
prize in a contest to name a new baby panda at the Chiang Mai zoo. As a
stateless person, she originally was prohibited from traveling to
Bangkok to claim the cash prize and to China for the trip. Although her
parents, who come from a remote village in the far north, are eligible
for citizenship, they were unable to register her at birth with the
local district office. As a result, she did not have a national
identification card and could not demonstrate citizenship to obtain
travel documents. Eventually she was allowed to travel to Bangkok on
September 10 to claim her prize. She received her Thai citizenship
shortly after returning from Bangkok in September. Her parents had been
pursuing citizenship for her for some time, and the media attention led
to her case being expedited.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Following the 2007 general election, the country reverted to a
bicameral system, composed of the House of Representatives and the
Senate. The constitution provides citizens the right to change their
government peacefully through periodic, free, and fair elections based
on universal, compulsory suffrage. The constitution provides for the
election of all members of the 480-seat House of Representatives and 76
members of the 150-seat Senate. It also provides for the appointment of
74 additional members of the Senate by members of the judiciary and
other regulatory bodies.
Elections and Political Participation.--A national election for the
House of Representatives held in 2007 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 eight by-elections in 33 districts of 26 provinces
were held. The Election Commission of Thailand (ECT) reported 62
complaints of election fraud related to campaign promises or vote
buying. There were no injuries or killings during the by-elections, but
during a Puea Thai party campaign event in Sakhon Nakhon on April 20, a
bomb exploded near the site where party politicians were making
speeches. No suspect was identified or arrested.
In the parliament all 150 allotted slots for senators were filled.
Of the 480 allotted slots for the House of Representatives, seven were
not filled, mostly due to the party dissolutions in December 2008, as
well as a death, a resignation, and a disqualification. However, in
September the ECT disqualified 16 representatives for unconstitutional
stock holdings that created conflicts of interest. They remained in
office pending final rulings from the Constitutional Court. This
followed the disqualification of 17 senators and 13 representatives for
similar offenses in June. Of the latter group, only one senator and one
representative left office at that time and were replaced; the
remaining 28 remained in office. The Supreme Court's Election Division
dismissed the ECT disqualification for election irregularity of another
senator in April, and the Constitutional Court dismissed another ECT
disqualification for unconstitutional representation in March. Both
senators were reinstated.
Political parties could operate without restriction or outside
interference, although violations of election laws by three members of
political parties' executive boards prompted the Constitutional Court
in December 2008 to dissolve three of the eight parties holding seats
in the legislature, including two of the three largest. The sanction of
party dissolution is provided for by the constitution, which also
provides that all executive board members of parties dissolved by the
court lose their political rights for a five-year period. A total of
106 executive board members lost their political rights in connection
with the parties' dissolution. During the year the ECT dissolved 29
parties for inability to maintain compliance with the election law, and
one party requested to be dissolved.
There were 87 women in the 630-seat bicameral parliament. Female
senators chaired five of the 22 standing committees, and none in the
lower house. Women held four cabinet positions. The constitution
encourages political parties to consider a ``close proximity of equal
numbers'' of both genders. Women had the right to vote and run for
positions, but many NGOs noted that 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 six
Christian members of the parliament.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption,
although government implementation of the law was weak, and officials
sometimes engaged in corrupt practices with impunity.
The case arising from the March 2008 prosecution of former PM
Thaksin in connection with embezzling proceeds from a government
lottery was decided in September. Thaksin and 43 other defendants were
acquitted and two former ministers, and one former official received
two year suspended sentences (later reduced to one year of probation.)
Thaksin's absence led the Supreme Court of Justice's Criminal Division
for Persons Holding Political Positions (SCCDP) to suspend the case on
the Asset Examination Committee (AEC) charges against him over the
Export-Import Bank of Thailand's loan to Burma of four billion baht
($120 million) and to issue a warrant for his arrest. The SCCDP was
examining the 76 billion baht ($2.28 billion) asset confiscation case
against Thaksin, and the first hearing took place in July. Thaksin's
wife, her brother, and her secretary, sentenced in July 2008 to prison
terms ranging from two to three years for tax evasion, were free on
bail, awaiting the result of their appeal.
In May the NCCC found two former senior Anti-Money Laundering
Office (AMLO) administrators guilty of abuse of power while they held
their positions in 2001-02, and the OAG was considering the case. They
illegally ordered financial status examinations of approximately 200
reporters, NGO employees, and opposition politicians who were critical
of Thaksin.
In May the minister of finance fired Finance Permanent Secretary
Suppharat Khawatkun after the NCCC found him guilty of malfeasance for
his illegal appointments of four deputy directors general in the
Revenue Department in 2000.
The OAG determined that the investigation arising from the 2007
arrest of RTP Colonel Chanchai Netiratthakan in connection with the
alleged bribery of two Constitutional Court judges did not yield
sufficient evidence for prosecution. The case was returned to the RTP
for affirmation in January and closed in May.
In June the Civil Servants' Pension Fund Board of the Ministry of
Finance fired its secretary general, Wisit Tantisunthorn, for
malfeasance after the ministry and Office of Anti-Corruption in State
Agencies found him guilty of insider trading.
On September 21, the SCCDP acquitted 44 cabinet ministers and high-
ranking government officials from the Thaksin administration, including
then deputy prime minister for economic affairs Somkhit Chatusiphitak,
accused of corruption in a 2003 rubber sapling scandal case.
During the year the NCCC and OAG continued to investigate
allegations of corruption committed by the Thaksin government. The
findings by the AEC 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. During the year 2,779 cases were
received, of which 1,964 were completed; 206 of those cases required
further action, including disciplinary actions, impeachments, and
referrals to the courts, the OAG, or a joint NCCC-OAG committee.
At year's end the OAG was considering the AEC indictments of seven
prominent former government ministers and high-ranking officials on
charges of malfeasance related to the 2007 purchase of fire trucks.
Public officials were subject to financial disclosure laws. Aside
from the NCCC, AEC, and OAG, other entities playing a role in combating
corruption included the AMLO, Supreme Court, Ombudsman's Office,
Administrative Court, and MOJ.
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 such a request, a petition
may be made to the Official Information Commission, and petitioners may
appeal the commission's preliminary ruling to an appellate panel.
According to the commission, the vast majority of petitions were
approved. There were 344 petitions received and 134 appeals during the
year. Requests for public information may be denied for reasons of
national security and public safety.
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, faced periodic
harassment. Human rights workers focusing on the violence in the
southern provinces were particularly vulnerable to harassment and
intimidation by government agents and militant groups.
Very few NGOs were accorded tax-exempt status, which sometimes
hampered the ability of domestic human rights organizations to secure
adequate funding. On March 24, after considerable delay, the government
renewed registration of the Bangkok office of the International
Commission of Jurists for the period from April 2008 to April 2010.
On February 8, a combined military and police unit raided the
Pattani office of the Working Group on Justice for Peace, a local NGO
run by Angkhana Neelaphaijit, the wife of disappeared human rights
attorney Somchai Neelaphaijit. Security personnel searched computer
files and photographed documents and staff. The commanding officer
cited martial law to justify the warrantless search. On March 30, four
soldiers returned to question staff and gather information about the
organizations' employees and programs and to request data.
In April and July, two environmentalists and community leaders in
Petchaburi Province were shot, presumably in connection with their
activism related to protection of community forests. Both were
seriously injured, and the suspect arrested for the July shooting of
Kittinarong Koetrot was under trial at year's end. Police had not
identified any suspects in the April shooting of Phongthep Hongthong.
In September the RTP visited the offices of at least 12 exile
Burmese groups on several ``immigration raids.'' The groups targeted
included those of the Human Rights Education Institute of Burma and the
Burmese Women's Union. Ten women from the union were detained but later
released, and as a result of these raids many offices remained closed
for several weeks. It remained a concern for several groups.
During the year the Muslim Attorney Center reported that local
authorities harassed its staff and the family members of its attorneys,
specifically through warrantless searches of their homes, allegedly
seeking southern militant suspects.
On June 25, new NHRC commissioners assumed office, after a February
Administrative Court ruling dismissed the previous panel. The prior
panel members had remained in office almost two years after their term
expired. Numerous NGOs and human rights groups criticized the
selections and the selection process, pointing out that one of the new
commissioners was named in a 2007 NHRC investigation regarding his
responsibility for environmental damage. There was complaint to the
NHRC in August against his appointment that demanded his impeachment.
The NHRC ruled in October that this was the jurisdiction of the
parliament and the petition should be directed there. There was at
least one active NHRC subcommittee, the International Covenant on Civil
and Political Rights subcommission, which addressed matters such as the
situation of the Lao Hmong refugees. In September the NHRC called on
the government to avoid invoking the ISA during the scheduled UDD
protests. The NHRC received 716 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. The Senate committee was more
active and submitted reports to the general session, the cabinet, and
the prime minister, including one that contained recommendations
regarding RTP actions related to the October 2008 demonstrations by
People's Alliance for Democracy followers. 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.
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. Between January and November, the police stated
that 4,273 rape cases had been reported and that there were 12
additional cases in which the victim was killed. Suspects were arrested
in 2,366 of the former category of cases and in eight of the cases that
resulted in the victim's death. The MPH reported that an estimated
10,206 women and children were sexually abused between October 2008 and
December, including 1,938 women more than 18 years old and 8,268
children.
NGOs believed that rape was a serious problem in the country.
According to academics and women's rights activists, rapes and domestic
assaults were underreported, in part because state agencies tasked with
addressing the problem were not adequately funded and law enforcement
agencies were perceived to be incapable of bringing perpetrators to
justice. Police sought to change this perception and encouraged women
to report sexual crimes through the use of female police officers in
metropolitan Bangkok and in three other provinces. There were 143
female police officers for sexual abuse cases nationwide.
The law specifies a range of penalties for rape or forcible sexual
assault, depending on the age of the victim, degree of assault, and
physical and mental condition of the victim after the assault;
penalties range from four years' imprisonment to life as well as fines.
The law also provides that any individual convicted twice for the same
criminal rape offense in three years is liable to increased penalties
for recidivism. 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 (approximately $900) to 150,000 baht ($4,500).
Domestic violence against women was a significant problem. The
Protection of Victims of Domestic Violence Act imposes a fine of up to
6,000 baht ($180) 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 the
media's reporting on domestic violence cases in the judicial system.
Some domestic violence crimes were prosecuted under provisions for
assault or violence against a person. Domestic violence frequently went
unreported, and police often were reluctant to pursue reports of
domestic violence. NGO-supported programs included emergency hotlines,
temporary shelters, and counseling services to increase awareness of
domestic violence, HIV/AIDS, and other 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
crisis centers reported that they had received 23,499 reports of
domestic violence between October 2008 and September.
During the year the Ministry of Social Development and Human
Security (MSDHS) expanded a community-based system to protect women
from domestic violence to four additional communities in the central,
north, northeastern, and southern regions, after the original program
in Bangkok. Representatives from each community received training in
increasing awareness of women's rights and abuse prevention.
Prostitution is illegal, although it was practiced openly
throughout the country. Local officials with commercial interests in
prostitution often protected the practice. Trafficking in women and
children for prostitution was a serious problem, despite strong
government efforts to combat it. The illegal nature of the work and the
high incidence of part-time prostitution made precise numbers difficult
to assess, and estimates varied widely. A government survey during the
year found that there were 73,917 adult prostitutes in registered
entertainment establishments. However, some NGOs believed there were
approximately 300,000 prostitutes.
There were reports that women were forced into prostitution in
border areas, but the number of such cases was difficult to determine.
NGOs and government agencies provided shelter, rehabilitation, and
reintegration programs for children and women involved in the sex
industry.
Sex tourism was a problem. According to the MSDHS, there were no
laws that specifically addressed sex tourism. Rather, the criminal
code, laws on prostitution, and laws combating trafficking in persons
contain provisions designed to combat sex tourism.
Sexual harassment is illegal in both the public and private
sectors. The law for public sector employees specifies fines of not
more than 20,000 baht (approximately $600) 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 ($900). 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. The Civil Service
Commission's sexual harassment and bullying hotline was shifted to the
supervision of the Bureau of Disciplinary Standards during the year.
During the time of transition and regulation drafting, they did not
accept complaints. Most of the prior complaints were dismissed, as the
petitions were unsigned, and the remainder were forwarded to the
relevant agencies for internal investigations.
In September a female naval lieutenant, with the assistance of
former senator Rabiabrat Pongpanich, filed petitions regarding her
sexual harassment by a senior army general with various parliamentary
entities, the prime minister, the NHRC, and the MSDHS. The general was
her superior at the Royal Thai Armed Forces Headquarters. Rabiabrat
used the opportunity to appeal for more effective and punitive
antisexual harassment legislation. Headquarters officials set up a six-
member committee to investigate the case.
Couples and individuals could decide 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. However, some NGOs
claimed that Muslims and teenagers did not have adequate access to such
services. In addition, the number of female Muslim doctors was
insufficient, and therefore there was not enough encouragement to use
public hospitals for childbirth.
Military academies (except for the nursing academy) did not accept
female students, although a significant number of instructors at the
military academies were women. In the military reorganization in
September, 13 female colonels were promoted to major general across all
branches of the military and within the Ministry of Defense. The Police
Cadet Academy for commissioned officers accepted female cadets during
the March application period for the first time, and 70 of 280 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 21 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.--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.).
Citizenship is not automatically conferred by birth occurring
within the country. By law citizenship is based either on birth to one
or more Thai parents, marriage to a Thai male, or naturalization. It
can also be acquired by means of special government-designated criteria
implemented by the MOI. Finally, it can be granted as a result of the
2008 Nationality law (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. During the year
the government extended compulsory education from eight to 12 years and
increased free education from 12 to 15 years. The government subsidized
tuition fees, uniforms, textbooks, and additional charges from school
but did not provide food and transportation.
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 jobs 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 (approximately $1,190) 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 ($1,190).
During the year a 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 female minor sexual abuse victims
were better cared physically and psychologically than male victims.
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, primarily for adolescent
girls, including trafficking in children for commercial sexual
exploitation. Pedophilia continued, both by citizens and by foreign sex
tourists. In 2007 the government, university researchers, and NGOs
estimated that there were as many as 60,000 prostitutes under age 18.
The Prostitution Prevention and Suppression Act makes child
prostitution illegal and provides for criminal punishment for those who
use prostitutes under age 18. Section 8 of the act provides that a
customer who has sexual intercourse with a sex worker under the age of
15 shall be subject to two to six years' imprisonment and a fine of up
to 120,000 baht ($3,750); if the sex worker is between the ages of 15
and 18, the prison term is one to three years, and the fine can
increase 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. Section 287 of the penal code prohibits the production,
distribution, and import/export of child pornography. The penalty is
imprisonment of not more than three years and/or a fine of not more
than 6,000 baht ($180).
A 2005 study widely cited by NGOs and state agencies estimated that
there were approximately 20,000 street children in major urban centers.
However, the government and NGOs could provide shelter to only 5,000
children each year. Generally, the children were referred to
government-provided shelters, but many, especially foreign illegal
migrants, reportedly avoided the shelters due to fear of being
deported. From October 2008 to September, 29 state shelters took in 160
children, 24 of whom were girls, both national and foreign. Ultimately
the government either sent citizen street children to school, to
occupational training centers, or back to their families with social
worker supervision. Street children from other countries were
repatriated.
Street children were often left out of national reports on child
labor matters, and national statistics on street children often
included only citizens.
Trafficking in Persons.--The comprehensive antitrafficking law that
came into force in June 2008 extends the definition of trafficking in
persons to include trafficking for the purpose of labor exploitation
and the trafficking of male victims. The law provides stringent
penalties for crimes involving human trafficking. It also makes
trafficking a predicate crime for prosecution under the Anti-Money
Laundering Act, allowing for additional penalties and asset
confiscation. The government continued efforts to fully implement the
2008 law, including drafting related government regulations and
conducting broad training efforts.
The country was a source, transit, and destination for victims of
human trafficking. There were reports that persons were trafficked to,
from, through, and within the country for a variety of purposes,
including fishing-related industries, factories, agriculture,
construction, domestic work, and begging. Trafficked women and children
(particularly girls) were often victims of sexual exploitation.
Credible studies and evidence suggested that the trafficking of men for
labor exploitation, especially migrant workers, was also prevalent.
Foreign trafficking victims within the country included persons from
Burma, Laos, Cambodia, and Vietnam. The trafficking of men, women, and
children into such fields as commercial fisheries and seafood
processing in Samut Sakhon Province was widely alleged, and such
trafficking was documented in the field of garland making. Some
portion, believed by the UN, NGOs, and the government to be a minority,
of the estimated 200,000 to 300,000 sex industry workers in the country
were either underage or in involuntary servitude or debt bondage.
Within the country, women from the impoverished northeast and north
were trafficked for sexual exploitation. However, internal trafficking
of women was suspected to be on the decline, due in part to prevention
programs. In 2008 the government assisted Thai citizens who had been
trafficked abroad to Bahrain, Malaysia, Taiwan, Singapore, South
Africa, and Hong Kong. The country's embassies had a continuing mandate
to assist Thai victims of trafficking abroad.
According to credible reports, there also were Burmese citizens
trafficked from Malaysia across Thailand's southern border, and
Cambodian trafficking victims were identified among deportees from
Thailand. Victims of trafficking were often lured into or through the
country with promises of restaurant, spa, or household work and then
were pressured or physically forced into prostitution.
The lack of citizenship status for some hill tribe women and
children was a significant risk factor for becoming victims of
trafficking. Although members of this group were not a large percentage
of trafficking victims, they continued to be found in
disproportionately large numbers in situations entailing severe forms
of trafficking.
Trafficking within the country and from neighboring countries into
the country tended to be carried out by loosely organized small groups
that often had close ties in the source communities. Burmese, Laotian,
Cambodian, and Thai individuals were involved in labor trafficking
along the border. Informal chains of acquaintance often were used to
recruit victims. In some cases the traffickers themselves were former
victims, particularly where the sex industry was the destination.
Some women in prostitution worked in debt bondage. Because foreign
victims frequently were unable to speak the language, they were
particularly vulnerable to physical abuse and exploitation. Reports of
labor trafficking also were received from Burmese and Cambodian migrant
workers, who were ostensibly offered jobs in the food processing
industry but were later induced or forcibly transported to work on
fishing vessels, on some occasions for years at a time.
A May 17 immigration police raid on a small garland-making factory
located in a home in Samut Sakhon rescued 19 Laotian girls and young
women, ages 12-20, whom the police considered victims of human
trafficking. The immigration police arrested the two factory owners on
charges of human trafficking, child labor, and receiving and sheltering
illegal immigrants. The victims were being cared for in a government
shelter. The charges were dropped after the employers agreed to pay the
workers. In September the victims returned to Laos.
In August the DSI, in cooperation with Vietnamese antitrafficking
police, rescued eight Vietnamese women from forced prostitution in the
province of Yala. The women had been told that they were going to work
in restaurants in Singapore; instead, they were brought to Thailand and
forced to work as prostitutes. The DSI arrested one alleged trafficker.
At year's end the eight women were in protective custody and were
cooperating with the investigation.
In November a criminal court convicted and sentenced the two
defendants for the trafficking of workers in the Anoma Samut Sakhon
shrimp processing factory raided in March 2008. According to the
prosecutor, one defendant, who pled guilty to some of the charges, was
sentenced to five years in prison and a one million baht (approximately
$30,000) fine, and the second defendant, who denied all charges,
received a sentence of eight years in prison and a two million baht
($60,000) fine.
There were continued allegations that local officials protected
brothels and other facilities from raids. There was no evidence that
high-level officials benefited from or protected the practice. The
government did not report investigations or prosecutions of officials
for trafficking-related corruption.
According to the law, penalties against traffickers vary according
to the age of the victim and the types of trafficker. If the offender
is an individual, the law prescribes imprisonment of four to 10 years
and a fine of 80,000 to 200,000 baht ($2,400 to $6,000) for trafficking
offenses committed against victims more than 18 years old. For offenses
against children between 15 and 18, the punishment is six to 12 years'
imprisonment and a fine of 120,000 to 240,000 baht ($3,600 to $7,200).
For offenses against children under 15, the penalty ranges from eight
to 15 years' imprisonment and a fine of 160,000 to 300,000 baht ($4,800
to $9,000). If the offender is a corporation, the law prescribes a fine
of 200,000 to one million baht ($6,000 to $30,000), and the responsible
authority in the convicted corporation may be sentenced to six to 12
years' imprisonment and a fine of 120,000 to 240,000 baht ($3,600 to
$7,200). The law also prescribes penalties for those who obstruct the
process of an investigation and prosecution.
The 2008 trafficking law established an antitrafficking-in-persons
committee chaired by the prime minister, with relevant officials from
the MSDHS acting as the committee's secretariat and assisting in the
coordination of the government's antitrafficking efforts. The RTP's
Children, Juveniles, and Women Division (CWD) is specifically charged
with investigating human trafficking crimes, although cases are also
handled by other police units. In 2008 the Transnational Crime
Coordination Center was set up in the RTP to be a specialized unit
responsible for collecting and analyzing information, strategic
planning, and coordinating work on 11 types of transnational crimes
(including trafficking). The DSI also investigates special cases,
including complex transnational case. The MSDHS is charged with
providing assistance and shelter to trafficking victims. The government
reported that the CWD alone investigated 54 traffickers in 2008,
associated with cases involving 82 victims. Thirty-four of these
victims were involved in forced child labor, while 48 were involved in
trafficking-related prostitution.
Trafficking victims cannot be charged with the crimes associated
with their case, such as immigration violations if trafficked over the
border or prostitution if forced. They also receive assistance in
government shelters. Memorandums of Understanding (MOUs) among
government agencies, between provincial governments in the country, and
between the government and domestic NGOs provided some detailed police
procedures to assist with the problem of trafficked persons being
detained by the authorities. The MOUs stated that the training of
police officers would include instructions to treat such persons as
trafficking victims rather than as illegal immigrant workers. Instead
of being deported, they would become the responsibility of the MSDHS.
The government continued broad training efforts with regard to the
trafficking law, victim identification, and the MOUs. However,
implementation of aspects of the law and MOUs was at times erratic,
with reports of trafficking victims identified among deportees to
Cambodia.
In general the government cooperated with governments of other
countries in the investigation of transnational crimes, including
trafficking. On April 24, the country signed a bilateral
antitrafficking MOU with Burma, similar to existing MOUs with Cambodia,
Laos, and Vietnam. Receiving countries generally initiated trafficking
case investigations. The Ministry of Foreign Affairs assisted 443 Thai
victims of trafficking to return from abroad from October 2007 to
September 2008, compared with 403 during the same period one year
prior.
The law permits the extradition of Thai citizens under the terms of
extradition treaties or reciprocal arrangements with requesting
countries. The OAG reported that no citizens were extradited for
trafficking-related offenses during the year. However, in 2008 the
government extradited or deported foreign nationals to Japan,
Australia, Germany, Bahrain, China, the United Kingdom, and the United
States for the purpose of prosecuting trafficking-related crimes.
Several NGOs, both local and international, and government agencies
worked with trafficking victims. As mandated in interagency MOUs,
police, prosecutors, and social workers increasingly cooperated with
NGO officials in a ``multidisciplinary team'' approach to trafficking.
Such cooperation included coordination on raids of suspected facilities
as well as the provision of assistance to trafficking victims. The
government worked with the International Labor Organization's (ILO)
International Program on the Elimination of Child Labor to implement
projects to reduce the incidence of trafficking of children for labor
and sexual exploitation. The government worked to make accessible a new
fund to assist antitrafficking activities that was established under
the 2008 law.
Victims of trafficking, including non-Thai citizens awaiting
repatriation, generally were brought to government-run shelters,
including at least one new shelter specifically established for male
victims of trafficking. Foreign victims generally were not eligible for
work permits, which would enable them to work outside the shelter,
although the government continued to develop a mechanism for them to do
so in compliance with the antitrafficking law. In practice local
officials on occasion allowed them to work. The government facilitated
paid work to be conducted within shelters for some victims. NGOS
reported complaints by some foreign victims in shelters who believed
that the government did not handle their repatriation in a timely
fashion. In 2008 eight government shelters (for women and children)
received 622 female and child victims of trafficking, including 520
foreign trafficking victims in Thailand, 58 Thai trafficking victims in
Thailand, and 44 Thai trafficking victims abroad. The government
provided food, medical care, legal assistance, job training, and
psychological counseling, although precise data on the level of this
assistance was not available.
Trafficking victims received some legal assistance from NGOs and
Department of Welfare officials, and they generally were informed of
the option of pursuing legal action against the trafficking
perpetrators. Some victims participated in investigation and
prosecution efforts, although many opted not to do so due to distrust
of government officials and lengthy legal processes. There were reports
that some foreign victims attempted to not be identified as victims of
trafficking to avoid lengthy residency in government shelters,
preferring deportation in order to be able search for new employment.
The government continued efforts to raise awareness about
trafficking in persons and continued cooperative arrangements with NGOs
and local industries, especially the hotel industry, to encourage
youths (particularly girls) to find employment outside the sex industry
and other exploitative work. Vocational training programs aimed at high
risk and vulnerable populations also received funding. Although the
vocational training was not intended explicitly for trafficking
prevention, the practical effect was to increase the range of
employment choices.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical and mental disabilities in
education and provides for access to health care and other state
services. The constitution also mandates newly constructed buildings to
have facilities for persons with disabilities, but these provisions
were not uniformly enforced. Activists continued to work to amend laws
that allow employment discrimination against persons with disabilities.
In September the Central Administrative Court dismissed a petition
filed against the Bangkok Metropolitan Administration and the Bangkok
Transit System (BTS), claiming that the BTS stations did not provide
accessible facilities as required by the Disabled Rehabilitation Act of
1991. The court ruling specified that the BTS had installed elevators
at five stations and was conducting a survey at 18 more.
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.
There were two community-based rehabilitation programs in each of
the 76 provinces. A pilot program for providing special living spaces
for disabled places expanded from Khon Kaen to the four other
provinces: Chaing Rai, Nakhon Sawan, Nakhon Pathom, and Trang. There
was also a Disabled People Model Fair in July.
The government maintained 43 special schools for students with
disabilities. The MOE reported that there were 76 centers nationwide
offering special education programs for preschool-age children, one in
each province. There were approximately 10,000 schools nationwide that
conducted a joint normal-disabled studies program. There also were nine
government-operated and 23 NGO-operated training centers for persons
with disabilities, including both full-time and part-time/seasonal
centers. There were also 10 state shelters specifically for persons
with disabilities. In addition, there were private associations
providing occasional training for persons with disabilities. There were
reports of schools turning away students with disabilities, although
the government claimed that such incidents occurred because schools did
not have appropriate facilities to accommodate such students.
Many persons with disabilities who found employment were subjected
to wage discrimination. According to NGOs, government regulations
require private firms either to hire one person with a disability for
every 200 other workers or contribute to a fund that benefits persons
with disabilities, but this provision was not enforced. Government
officials estimated that as many as 50 percent of firms complied with
the law; the chairman of the Council of Disabled People of Thailand
believed the number to be 40-50 percent. Some state enterprises had
discriminatory hiring policies.
National/Racial/Ethnic Minorities.--Two groups--former belligerents
in the Chinese civil war and their descendants living in the country
since the end of the civil war, and children of Vietnamese immigrants
who resided in 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 were not protected by
labor laws, including minimum wage requirements. 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 was supportive of efforts to
register citizens and educate eligible hill tribe persons about their
rights, activists reported that widespread corruption and inefficiency,
especially among highland village headmen and district and subdistrict
officials, contributed to a backlog of pending citizenship applications
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. NGOs dealing with lesbian, gay,
bisexual, and transgender (LGBT) matters were generally able to operate
freely. They were able to register with the government, although there
were some restrictions with the language that can be used in
registering their group names. They reported that police treated LGBT
victims of crime as any other except in the case of sexual crimes, when
there was a tendency to downplay sexual abuse or not take harassment
seriously.
An effort to organize a gay pride parade in Chiang Mai in February
failed due to a lack of government support combined with social
hostility. Provincial authorities, except for the MPH, withheld
permission to conduct the event. UDD members protested against the
event and condemned the organizers, while police did not provide
adequate protection, creating a hostile situation.
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. According to military sources, the armed forces did not
draft gay or transgendered persons because of the assumed detrimental
impact 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.
In December the rectors of the Rajabhat Institutes, which operated
state-run universities throughout the country, rejected a request
forwarded by the Cross-Dresser Network of Thailand to allow transsexual
students to wear female outfits at their commencement ceremonies.
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 6,630 businesses pledged not to require HIV/AIDS tests for
employees or discharge infected employees and vowed to hold regular
awareness campaigns, with 989 joining during the year. In December it
was announced on World AIDS Day that the government had adopted condom
use as an item on the national agenda and would distribute 30 million
to all citizens, including sex workers.
The NHRC was investigating a complaint filed in September 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. At year's end
the case was under consideration.
Section 7. Worker Rights
a. The Right of Association.--The law allows all private sector
workers to form and join trade unions of their choosing without prior
authorization; however, enforcement of the law was inconsistent. In
many instances the Labor Relations Act (LRA) and Labor Protection Act
(LPA) were not effective in protecting workers who participated in
union activities. The law allows unions to conduct their activities
without government interference. The law also permits workers to
strike, and this right was exercised in practice.
The labor law does not allow civil servants, including public
school teachers, soldiers, and police, to form or register a union, 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. However, the law restricts
affiliations between state enterprise unions and private sector unions.
Unofficial contacts at the union level between public and private
sector workers continued, and the government did not interfere with
these relationships. Unions in state-owned enterprises generally
operated independently of the government and other organizations.
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 who 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 labor laws were
routinely violated and few inspections were carried out to verify
compliance with the law.
The labor force consisted of 39.3 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 2008, there were 44 state enterprise unions
with 175,000 members and 1,229 private labor unions with 341,520
members. The number of private labor unions decreased, but the number
of members in private unions increased by more than 10,000.
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
reinstated employees in some cases where dismissal resulted from union
activity and was illegal. However, because the reinstatement process
was lengthy and costly for the employee, most cases were settled out of
court through severance payments to the employee, and there were no
punitive sanctions for employers.
At year's end labor union leader Jitra Kotchadet, who lost her case
against garment maker Triumph International for dismissing her without
cause in 2008, was awaiting the result of her appeal in the Supreme
Court.
In June Triumph announced plans to lay off nearly 2,000 workers at
one of its subsidiary companies, blaming the global economic situation
and a drop in demand. Union leaders argued that this was an attempt to
purge the firm of active union members, many of whom had protested
Jitra's dismissal in 2008. Following an August demonstration outside
the seat of the government, the media reported that arrest warrants
were issued for three protest leaders, including Jitra, for illegal
assembly, resisting police orders, instigating unrest, and obstructing
traffic. In mid-October laid-off employees moved their protest to the
Ministry of Labor (MOL) building, where they remained through the end
of the year. In December the Samut Prakan Labor Court dismissed the
laid-off workers' case demanding additional severance pay. According to
press reports, the court reasoned that the workers had received
severance pay in accordance with the LPA and their firings resulted
from Triumph's financial loss; therefore, a 1999 agreement to pay
higher severance pay if layoffs were due to operational restructuring
did not apply. The workers planned to appeal the decision.
The government has the authority to restrict private sector strikes
that would affect national security or cause severe negative
repercussions for the population at large; however, it seldom invoked
this provision in the past and did not do so during the year. The law
also forbids strikes in ``essential services,'' which are defined much
more broadly than in the ILO criteria and include sectors such as
telecommunications, electricity, water supply, and public
transportation as essential services. The law prohibits termination of
employment of legal strikers; however, some employers used unfavorable
work assignments and reductions in work hours and bonuses to punish
strikers. Employers are legally permitted to hire workers to replace
strikers. 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 unionists. During the
year there were strikes against international automotive companies,
generally after negotiations over compensation had reached an impasse.
In at least one instance while negotiations were still underway,
management threatened a lockout, alleging that workers were damaging
vehicles on the production line.
SELRA prohibits lockouts by state enterprises and strikes by state
enterprise workers. However, on several occasions a large number of
state enterprise workers took sick leave or vacation, leading to the
closing of business operations. No legal action was taken against those
workers.
In June more than 200 members of the State Railway Workers' Union
of Thailand failed to report to work, leading to an interruption in
rail services, to protest a proposed reorganization of the State
Railway of Thailand, which the union viewed as an attempt to privatize
the railway. In October union members interrupted for several days rail
services in the southernmost provinces. Pointing to a fatal train
derailment that was widely blamed on union operator error, a union
spokesperson cited concerns about passenger safety as the reason for
the temporary stop in service.
During 2008 there were 56 labor disputes, 48 of which occurred
outside Bangkok. There were reports of four lockouts by employers and
11 strikes by employees.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right of citizen private-sector workers to organize
and bargain collectively; however, labor union leaders stated that the
government's efforts to protect this right were weak. The law defines
the mechanisms for collective bargaining and for government-assisted
conciliation and arbitration in cases under dispute. In practice
genuine collective bargaining occurred only in a small fraction of
workplaces; 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 served as a prohibition against permanent union
staff, thus limiting the ability of unions to organize in depth and be
politically active. The LRA allows only two government-licensed outside
advisors to a union, and labor activists alleged that local-level MOL
offices blocked the registration of labor advisors deemed too activist.
Union leaders and outside observers complained that this interfered
with the ability to train union members and develop expertise in
collective bargaining and that it contributed to rapid turnover in
union leaders.
Employers reportedly discriminated against workers seeking to
organize unions. The law does not protect workers from employer
reprisal for union activities prior to the registration of the union,
and employers could exploit this loophole to defeat efforts at union
organization. Employers used loopholes in the LRA to fire union leaders
prior to government certification of unions. During the year there were
several reported cases of workers being dismissed from their jobs for
engaging in union activities. In some cases the court ordered workers
reinstated if grounds for their dismissal were proven inaccurate.
A system of labor courts exercises judicial review over most
aspects of labor law for the private sector; however, there was
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. The law authorizes the MOL to refer any
private sector labor dispute for voluntary arbitration by a government-
appointed group other than the Labor Relations Committee. Although the
legal authority seldom was used, the ILO viewed this provision as
acceptable only in defined essential services.
Redress of grievances for state enterprise workers was handled by
the State Enterprise Relations Committee. Labor leaders generally were
satisfied with the treatment that their concerns received in these
forums, although they complained that union leaders unjustly dismissed
were awarded only back wages with no punitive sanctions against the
employer. This limited any disincentive for employers to fire union
organizers and activists.
Labor brokerage firms used a ``contract labor system'' under which
workers signed an annual contract. 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 collecting wages from a separate company, the
contracting business is the overall employer. It remained unclear how
benefits and welfare are defined under the act. Plaintiffs filed
lawsuits in an attempt to seek clarification of their obligations under
the new law, but these cases were unresolved at year's end.
There are no special laws or exemptions from regular labor laws in
export processing zones. However, union leaders alleged that employers'
associations were organized to cooperate in discouraging union
organization in the zones. In special industrial estates, union
organization was common at major international firms.
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. The 2008 Antitrafficking in Persons Act
criminally prohibits all forms of human trafficking, including forced
labor; however, the government lacked the capacity to enforce these
provisions effectively in the large informal sector.
Employers routinely kept possession of migrant workers'
registration and travel documents, which restricted their travel
outside of the work premises. Employers claimed this was done to ensure
repayment of loans given to workers to pay for the documents.
Nevertheless, there continued to be reports of sweatshops or abusive
treatment in livestock farms, seagoing trawlers, animal feed factories,
garment factories, and shrimp processing factories in which employers
prevented workers, primarily foreign migrants, from leaving the
premises. There were no estimates of the prevalence of such illegal
actions, but the large number of migrants from Burma, Cambodia, and
Laos created opportunities for abuse.
In January 2008 the police rescued three Laotian girls and arrested
three Thais on charges of abuse and child slavery. The girls worked as
domestic employees in Samut Prakarn for two years before being rescued.
They were regularly beaten or burned when the employers were
dissatisfied with their work. In June 2008 one offender was sentenced
to a year in prison and 12,500 baht ($375), and another was sentenced
to six months in prison and a 7,500 baht fine ($225). In August 2008
the third perpetrator was sentenced to five months in prison, a 7,350
baht fine ($220), and community service.
Police arrested four individuals in the 2007 death of a Karen
migrant worker who attempted to flee a factory in Supanburi Province,
where he allegedly had been subjected to forced labor and severe
physical abuse by his employer. Factory owner Sarawut Ayuken was
charged with murder and with providing work and shelter to illegal
migrant workers. On August 10, he was sentenced to death by the
criminal court, and on November 6, he submitted his appeal. The court
dismissed the cases against two other defendants, who were Cambodian,
and the government appealed. The defendants remained in prison awaiting
the decision of the appeals court.
On October 11, law enforcement officers from multiple agencies,
working in cooperation with NGO representatives, rescued 18 Burmese who
were forced to work in fishing boats in Chonburi Province and arrested
three individuals. Two were charged with human trafficking. Two were
also charged with attempting to bribe law enforcement officers.
Problems encountered by Thai citizens working overseas highlighted
the problem of exploitative labor supply agencies that charged heavy
and illegal recruitment fees often equal to a worker's first- and
second-year earnings. In many cases recruited workers did not receive
the terms they were promised and incurred significant debt. Local banks
contributed to this practice by offering exorbitant loans to allow
workers to pay recruitment fees, which ranged from 300,000 to one
million baht (approximately $9,000 to $30,000) for workers traveling
abroad. The Department of Employment issued regulations mandating the
maximum charges for recruitment fees to ensure that the fees are not
excessive. However, effective enforcement of the rules was difficult.
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 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 the employers provide a safe work
environment. Employers may not require children under 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 ($6,000), or both. The LPA does not cover 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 and in
garment- and fishing-related industries. However, the extension of
compulsory education to 12 years and the granting of government
assistance for tuition fees, uniforms, and textbooks was expected to
reduce the number of child workers. 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.
Official MOL statistics showed that approximately 2,065 children
between 15 and 17 years old were working legitimately. However, the
number of all child laborers, legal and illegal, was likely much larger
when taking into consideration child laborers under 15 and unregistered
migrant children. NGOs reported that 2 to 4 percent of children between
the ages of six and 14 worked illegally in urban areas; such children
were at risk of becoming victims of other abuses of labor laws.
Most underage workers in urban areas worked in the service sector,
primarily in gasoline stations, small-scale industry, and restaurants.
Street begging and the selling of flowers also remained prevalent.
Child labor was less evident in larger, export-oriented factories. NGOs
also reported greater child labor in garment factories along the
Burmese border, in Mae Sot Province. However, there was no
comprehensive survey of child labor throughout the country, since NGOs
often did not have access to shophouse factories. NGOs reported child
domestic workers were predominantly migrants from Burma, Cambodia, and
Laos. Most were in the country illegally, increasing their
vulnerability to exploitation.
Observers believed that while the prevalence decreased, children
(usually foreign) were exploited in street selling, begging, domestic
work, agriculture work, and prostitution in urban areas, sometimes in a
system of debt bondage. There were reports of street children who were
bought, rented, or forcibly ``borrowed'' from their parents or
guardians to beg alongside women in the street.
The MOL is the primary agency charged with enforcing child labor
laws and policies. Labor inspectors were usually reactive, rather than
proactive, and normally responded only to specific public complaints,
reports of absences by teachers, or reports in newspapers. In line with
prevailing cultural norms, their inclination when dealing with
violators was to negotiate promises of better future behavior rather
than seek prosecution and punishment. The legal requirement for a
warrant hampered inspection of private homes to monitor the welfare of
child domestic workers.
e. Acceptable Conditions of Work.--The minimum wage ranged from 150
baht to 203 baht per day ($4.50 to $6.09), depending on the cost of
living in various provinces. This wage was not adequate to provide a
decent standard of living for a worker and nuclear family. The minimum
wage is set by provincial tripartite wage committees.
The government sets wages for state enterprise employees under
SELRA. Wages for civil servants are determined by the Office of Civil
Service Commission. However, the 2008 Civil Servant Act gives each
ministry or department more flexibility in designing 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 less than half the minimum wage.
The LPA mandates a uniform workweek of 48 hours, 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.
During 2008 there were 176,502 reported incidents of diseases and
injuries from industrial accidents. This included 127,059 minor
disabilities (resulting in no more than three days of missed work) and
3,742 disabilities resulting in more than three days of missed work
(including permanent disabilities and deaths). However, the rate of
incidents occurring in the larger informal and agricultural sectors and
among migrant workers was believed to be higher. Occupational diseases
rarely were diagnosed or compensated, and few doctors or clinics
specialized in them. 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 large informal sector, health and safety
protections were substandard.
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. Despite the act's prohibition
against dismissing pregnant workers regardless of their nationalities,
there were reports that employers intentionally laid off workers who
became pregnant, using the economic downturn as an excuse.
The MOL promulgates health and safety regulations regarding
conditions of work and is responsible for their enforcement; however,
the inspection department enforced these standards ineffectively, due
to a lack of human and financial resources. There is no law affording
job protection to employees who remove themselves from dangerous work
situations. According to the MOL's Department of Labor Protection and
Welfare, mining, consumer goods production, and the construction
industry violated the most laws regarding workers' safety.
Redress for workers injured in industrial accidents was rarely
timely or sufficient. Few court decisions were handed down against
management or owners involved in workplace disasters.
Migrant workers, especially from Burma, remained particularly
vulnerable to poor working conditions. Reports indicated that they were
routinely paid well below the minimum wage, worked long hours and/or in
unhealthy conditions, and because of their generally illegal status
were at risk of arrest and deportation. In addition, improper wage
deductions for registration, health care, sick days, and employee
errors were widespread.
Migrant workers also faced discrimination by a Social Security
Office (SSO) policy that denies disabled but registered migrants access
to the Workmen's Compensation Fund (WCF). Irregular migrant workers
that complete a new amnesty and related nationality verification
process are to have access to WCF and SSO funds (see section 2.d.).
At year's end two cases involving the constitutionality of the SSO
policy as well as the case of Nang Noom Mai Seng were pending in the
Supreme Court. Nang Noom, a Shan registered migrant worker, was
permanently disabled in a 2006 construction accident. She filed a
personal compensation claim against the WCF in 2007. In 2008 she filed
a joint claim with two other Shan migrant workers, requesting
revocation of the same SSO policy. The Administrative Court ruled in
November 2008 that administrative courts have no jurisdiction to rule
on labor cases. The three workers then petitioned the Central Labor
Court to revoke the SSO policy in December 2008. In May the Central
Labor Court accepted jurisdiction in the case and decided that labor
courts can exercise administrative powers in labor cases. A hearing was
held in Chiang Mai; the court refrained from issuing a decision because
Nang Noom's first case was pending with the Supreme Court. In October
Nang Noom and the other claimants appealed the case to the Supreme
Court, arguing that the two cases were separate matters and that the
other two plaintiffs were entitled to a decision.
In June the State Enterprise Workers Relations Confederation
submitted a complaint to the ILO alleging that the government was
breaching ILO convention 19 by denying Burmese migrant workers access
to the WCF following accidents at work. The ILO Committee of Experts
considered the complaint at the end of November; the result was
expected to be released in March 2010.
In 2007 two Shan workers from Burma were involved in a work
accident. One worker survived the accident, and his claim to the WCF
was accepted. A second worker, Hsai Htun, an unregistered migrant, died
four days after the accident. The SSO determined that he was not
entitled to access to the WCF because he was an unregistered migrant.
Nevertheless, the SSO issued an order for his employer to pay
compensation. His family concurrently submitted the case to a labor
court in June 2008. In September, after extensive negotiations, the
employers agreed to pay 250,000 baht (approximately $7,500) in
compensation. At year's end Hsai Htun's 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 some reports that security
officials harassed NGO personnel who were trying to assist illegal
migrant workers.
__________
TIMOR-LESTE
Timor-Leste is a multiparty parliamentary republic with a
population of approximately 1.1 million. President Jose Ramos-Horta was
head of state. Prime Minister 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).
While the government generally maintained control over these forces,
there were 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 May 7, a group of F-FDTL members allegedly beat
two men on a beach in Dili, one of whom was subsequently found dead. At
year's end the case was under investigation by the Prosecutor General's
Office.
On December 28, a PNTL officer shot and killed a 25-year-old man in
Dili. A second man suffered injuries in the same incident. The PNTL
suspended the officer and referred the case to the Prosecutor General's
Office. At year's end the investigation continued.
On February 27, the government brought charges, including attempted
homicide and conspiracy, against a group of 28 individuals for their
alleged roles in the February 2008 nonfatal shooting of President
Ramos-Horta, during which the leader of the attackers, Major Alfredo
Reinado, was shot and killed. The trial began on July 13 and continued
at year's end.
The prosecutor general declined to pursue charges against an F-FDTL
member who shot and killed a civilian in April 2008 in Bobonaro
District. The civilian reportedly threatened the F-FDTL member with a
machete.
In October 2008 the Baucau District Court sentenced PNTL
intelligence officer Luis da Silva to six years' imprisonment for the
killing of a member of then candidate Xanana Gusmao's security detail
at a political rally in Viqueque in 2007.
In November the prosecutor general cited insufficient evidence and
closed the inquiry into the 2007 case of a PNTL unit firing into a
crowd in Viqueque, killing two.
Four trials and 15 investigations continued against individuals
accused of illegal actions during the 2006 political crisis, which,
according to a UN Special Commission of Inquiry estimate, caused 38
deaths, 69 injuries, and the displacement of approximately 150,000
persons. In December the prosecutor general, citing lack of evidence of
unlawfulness or culpability, dismissed weapons distribution charges
against F-FDTL Commander Major General Taur Matan Ruak, former defense
minister Roque Rodriques, Brigadier General Lere Anan Timur, Colonel
Falur Rate Laek, and Colonel Manuel Soares Mau Buti.
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 (Provedor) for Human
Rights and Justice received numerous complaints of 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.
On June 7, 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 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.
On September 26 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 on December 22.
On November 21, an off-duty policeman allegedly shot and seriously
injured Mateus Pereira in Vila Verde, Dili. The secretary of state for
security said the case was under investigation.
On August 8, a crowd in Suai severely beat Indonesian citizen
Martenus Bere until the police intervened and took him into custody.
Bere commanded one of the pro-Indonesian militias during the 1999
popular consultation that led to Timor-Leste's independence, and the UN
Serious Crimes Unit indicted him for crimes against humanity in 2003.
He crossed into Timor-Leste to attend his father's funeral and was
recognized by local citizens (see section 5).
The Ombudsman's Office investigated 40 cases of mistreatment
committed by PNTL or F-FDTL personnel during the state of siege that
lasted from February to May 2008, after the shooting of President
Ramos-Horta. On June 29, the Office of the Ombudsman presented its
findings to parliament. At year's end the report had not been made
public. UNMIT received allegations of 58 incidents of mistreatment by
F-FDTL and PNTL members during the state of siege. Some cases were
investigated by authorities and forwarded to the Prosecutor General's
Office, but no indictments were filed.
On January 26, the Bacau District Court sentenced the former Bacau
PNTL subdistrict commander Fransiso Ersio Ximenes to one year's
imprisonment for using coercion to obtain information from a suspect in
January 2008. Ximenes admitted that he beat the victim with a baton
during questioning. His sentence was suspended for two years, and at
year's end he remained on active duty in Bacau.
At year's end there were no developments in the January 2008 arrest
of three PNTL officers in Suai for allegedly having participated in
gang-related violence that resulted in 15 persons injured and 20 houses
burned, or the May 2008 beating of four residents of Dili's Quintal
Boot neighborhood by PNTL Task Force members.
On June 30, two police officers accused of the November 2008
assault of a woman in Ossu Subdistrict, Viqueque District, were
sentenced to two and six months' suspended imprisonment. The two
remained on active duty.
On February 10, the Court of Appeal upheld a four-year prison
sentence for a PNTL officer found guilty of attempted manslaughter for
the shooting and injuring of a civilian in Covalima in 2007.
At year's end there were no developments in the following 2007
incidents: the case in which an armed group wearing F-FDTL uniforms
attacked and burned the homes of six families in Dili, the case in
which six to 10 F-FDTL uniformed persons attacked several homes near
the national hospital, and the case in which F-FDTL members detained
and allegedly beat approximately 10 persons for disorderly conduct.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, although there were no separate
facilities for women and youth offenders. There were two prisons run by
the civilian authorities, 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.
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.
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 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.
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.
UNMIT continued efforts to reform, restructure, and rebuild the
PNTL in the wake of its collapse during the political crisis of 2006. A
central element was a ``screening'' to ensure that each of the
approximately 3,000 PNTL officers was checked for integrity and past
crimes or misbehavior. Following screening, officers were to go through
renewed training and a six-month UNPOL mentoring program. By year's end
approximately 2,900 officers had completed the UNPOL program.
Each of the country's 13 districts has a district PNTL commander
who normally reports to the PNTL general commander. In spite of
improvements due to the UNPOL training, the PNTL as an institution
remained poorly equipped and undertrained, subject to numerous credible
allegations of abuse of authority, mishandling of firearms, and
corruption. 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.
Some police officers did not pass the vetting process and were on
suspension pending further investigation. UNMIT conducted human rights
training sessions for senior PNTL personnel, and the PNTL received
training from bilateral partners.
Efforts were made to strengthen internal PNTL accountability
mechanisms. A Professional Standards and Discipline Office (PSDO) was
established as early as 2004. Between November 2008 and June, the
number of pending cases in the PSDO decreased from 373 to 42. The PSDO
reportedly found almost half the cases it investigated to be
``substantiated'' and forwarded its findings to the appropriate
authorities; however, it was unclear what actions, if any, these
authorities took. 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 does not provide for guaranteed participation from the
civilian sector in police oversight.
On February 26, 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. Of the 13 districts, handovers
occurred in Lautem (May), Oecussi (June), Manatuto (July), and Viqueque
(December).
More than 750 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 also provide the
right to a trial without undue delay. During these hearings the judge
may also determine whether the suspect should be released because
evidence is lacking or the suspect is not considered a flight risk. The
countrywide shortage of magistrates meant that police often made
decisions without legal authority as to whether persons arrested should
be released or detained after 72 hours in custody. This contributed to
an atmosphere of lawlessness and impunity. Judges may set terms for
conditional release, usually requiring the suspect to report regularly
to police.
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 had never seen 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; however, the 30-day review deadline
was missed in a large number of cases involving less serious crimes,
and a majority of the prison population consisted of pretrial
detainees.
e. Denial of Fair Public Trial.--The 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 does not speak Portuguese, the language in which the
laws were written and the courts operate. Access to justice was notably
constrained.
The court system consisted of a Court of Appeal and four district
courts (Dili, Bacau, Suai, and Oecussi). The constitution calls for a
Supreme Court and high administrative, tax, and audit courts as well as
other administrative courts of first instance. It also allows for
military courts and maritime and arbitration courts. At year's end none
of these courts had been established. Until a Supreme Court is
established, the Court of Appeal remains the country's highest
tribunal. The Ministry of Justice is responsible for administration of
the courts and prisons and also provides defense representation. The
prosecutor general--independent of the Ministry of Justice--is
responsible for initiating indictments and prosecutions.
Progress in establishing justice sector institutions and recruiting
and training qualified judges, prosecutors, and defense attorneys was
slow. By year's end, 14 judges, 14 prosecutors, and 11 public defenders
of Timorese nationality were assigned to the country's judicial
institutions. However, the system remained heavily dependent on
international judges, prosecutors, and public defenders.
Judges, prosecutors, and public defenders assigned to other
districts outside Dili often did not reside in these areas. Their
intermittent presence continued to severely hamper 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 sensitive cases
related to the 2006 crisis. At year's end there was a nationwide
backlog of approximately 5,200 cases. The length of time for cases to
come to trial varied significantly, with some delayed for years and
others tried within months of accusations.
Trial Procedures.--The law provides for the right to a fair trial;
however, the severe shortages of qualified personnel throughout the
system led to some trials that did not fulfill prescribed legal
procedures. Trials are before judges. Except in sensitive cases, such
as crimes involving sexual assault, trials are public; however, this
principle was inconsistently applied. Defendants have the right to be
present at trials and to consult with an attorney in a timely manner.
Attorneys are provided to indigent defendants. Defendants can confront
hostile witnesses and present other witnesses and evidence. Defendants
and their attorneys have access to government-held evidence. Defendants
enjoy a presumption of innocence and have a right of appeal to higher
courts.
The legal regime was complex and inconsistently applied, but the
government adopted a new criminal procedure code and a penal code; the
latter came into force on June 7. 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.
On July 6, 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.
Many Dili residents arrived as internal migrants and occupied empty
houses or built houses on empty lots. The majority of properties in
Dili are deemed state property, and in previous years the government
evicted persons from land identified as state property at times with
little notice and with no due process.
Section 2. Respect for Civil Liberties, Including:
Freedom of Speech and Press
The law provides for freedom of speech and of the press, and the
government generally respected these rights in practice. Individuals
generally could criticize the government without reprisal. The criminal
code, which came into force on June 7, decriminalizes defamation. A
defamation case brought by the minister of justice against a journalist
was dropped on June 15.
There were three daily newspapers, three weeklies, and several
newspapers that appeared sporadically. All frequently criticized the
government and other political entities editorially.
Television and radio broadcasts were the primary sources for news.
However, there was often no reception outside Dili and district
capitals, and broadcasts were often irregular due to technical or
resource problems. Many persons did not have access to televison or
radio.
On September 2, members of the media complained that the PNTL
interfered with their ability to cover the arrest of three individuals
at a political event on August 31.
In December a journalist with Tempo Semanal was subpoenaed as a
witness in the trial of the 28 suspects in the February 2008 attack on
President Ramos-Horta; the journalist had conducted a telephone
interview with an alleged leader of the attackers after the events (see
section 1.a.). The journalist invoked his rights to protect his
sources, and the judge permitted him to leave without providing
testimony.
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, approximately 0.2 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. However, on August 31, the PNTL
detained three individuals at a political event for not having a proper
permit and for demonstrating too close to government-owned port
facilities. The detainees were released within 72 hours, and there were
no reports of mistreatment.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice.
Societal Abuses and Discrimination.--Outside the capital, non-
Catholic religious groups were at times regarded with suspicion. There
were reports that Catholics who converted to other religions were
subjected to harassment and abuse by community members, and there were
instances of Protestant churches being harassed during the year.
There was no indigenous Jewish population, and there were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and stateless Persons
The law provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, and the government
generally respected these rights in practice. The 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 the government
formally closed the last of the IDP camps set up after the 2006
political crisis displaced an estimated 150,000 individuals.
Approximately 3,000 persons remained in transitional shelters pending
final resettlement. The Ministry of Social Solidarity administered
reintegration assistance in coordination with local and international
NGOs.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
The laws provide 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. 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.--On October 9, voters chose
village leaders in local elections held in 442 Sucos (villages)
throughout the country.
The president and parliament were elected 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 Office of
the Ombudsman for Human Rights and Justice is the institution charged
with leading national anticorruption activities and has the authority
to refer cases for prosecution.
The Ombudsman's Office was investigating several high-profile
corruption cases at year's end, including accusations against the prime
minister, involving government contracts awarded to a company
affiliated with his daughter, and the minister of justice.
The country does not have financial disclosure laws. 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.
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.
The UN Integrated Mission in Timor-Leste, originally established
pursuant to a UN Security Council (UNSC) resolution with its mandate
extended by the UNSC of February 26, 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, anticorruption, and good governance, and the ombudsman
has the power to investigate and monitor human rights abuses,
corruption, and governance standards and make recommendations to the
relevant authorities. The Ombudsman's Office was located in Dili and
had limited ability to conduct outreach or other activities in the
districts. 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. On December 14, 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.
On August 30, the government released indicted war criminal
Martenus Bere from detention without charge, trial, or proper court
authorization. Bere, an Indonesian citizen, was the leader of the
Lauksaur militia at the time of the 1999 popular consultation that put
Timor-Leste on the path to formal independence from Indonesia. In 2003
the UN Special Crimes Unit indicted him for his role in the 1999 Suai
church massacre, in which at least 30 civilians, including three
priests, were killed as the church where they had taken refuge was
attacked with grenades and burned. The crimes against humanity charges
against Bere included murder, extermination, enforced disappearance,
torture, inhumane acts, and rape. Article 160 of the constitution makes
illegal ``acts committed between the 25th of April 1974 and the 31st of
December 1999 that can be considered crimes against humanity.'' The
PNTL had detained Bere in Suai on August 8 after he entered the country
from Indonesian West Timor.
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 June 7
penal code appears broad enough to make spousal rape a crime, although
that definition had not been tested in the courts.
Key legislation that would address legal gaps or establish clear
guidelines to handle gender-based violent crimes had not been adopted
by year's end.
Domestic violence against women was a significant problem often
exacerbated by the reluctance of authorities to respond aggressively.
Cases of domestic violence and sexual crimes generally were handled by
the PNTL's Vulnerable Persons Units (VPUs). Women's organizations
assessed VPU performance as variable, with some officials actively
pursuing cases and others preferring to handle them through mediation
or as private family matters. VPU operations were severely constrained
by lack of support and resources. Police at times came under pressure
from community members to ignore cases of domestic violence or sexual
abuse.
The new penal code makes ``sexual exploitation of a third party''
criminal but does not criminalize prostitution.
There was no law prohibiting sexual harassment, and sexual
harassment was reportedly widespread, particularly within some
government ministries and the police.
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. Maternal mortality was estimated at 660 deaths per 100,000
births, and less than one-quarter of deliveries took place with a
skilled birth attendant. 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 secretary of state for gender issues in the Prime Minister's
Office is responsible for the promotion of gender equality. UNMIT's
Gender Affairs Unit also monitored discrimination against women.
Women's organizations offered some assistance to female victims of
violence, including shelters for victims of domestic violence and
incest, a safe room at the national hospital for victims of domestic
violence and sexual assault, and escorts to judicial proceedings.
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 had been adopted
establishing the minimum level of education to be provided, nor had a
system been established to ensure provision of free education.
According to UN statistics, approximately 20 percent of primary school-
age children nationwide were not enrolled in school; the figures for
rural areas were substantially lower than those for urban areas.
In rural areas heavily indebted parents sometimes provided their
children as indentured servants as a way to settle the debt. If the
child was a girl, the receiving family may also demand any dowry
payment normally owed to the girl's parents.
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 June penal code describes a vulnerable victim for
purposes of rape as a ``victim age 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 age 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 age 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.
Following the closing of IDP camps during the year (see section
2.d.), only a small number of children remained in transitional
settlements pending permanent resettlement of their families.
Trafficking in Persons.--The Immigration and Asylum Act prohibits
trafficking of adults and children for prostitution or for forced
labor; however, there were reports that persons were trafficked to and
within the country.
A local NGO estimated that more than 100 foreign prostitutes in the
capital might be victims of trafficking, either forced into the
commercial sex industry or subjected to exploitative conditions they
had not agreed to. Several establishments in the capital were known
commercial sex operations and were suspected of involvement in
trafficking.
Although most trafficking victims in the country were in the sex
industry, two men were rescued in the country's waters after being
subjected to forced labor aboard a foreign fishing vessel.
The June penal code criminalizes ``human trafficking,''
``enslavement,'' and the ``sale of persons.''
In July police conducted raids on two bars/brothels, freeing eight
women identified as possible trafficking victims. However, credible
reports indicated that some police and immigration officials colluded
with such establishments or with those who trafficked foreign women
into the country to work in them.
The government cooperated with various international organizations
and local NGOs to assist trafficking victims. The government also
provided documentation and exit assistance to three trafficked persons
returning voluntarily to their home countries. The government granted
temporary residence, on humanitarian grounds, to two trafficked persons
who did not wish to return to their countries of origin.
The government facilitated a seminar for police, military, civil
servants, NGOs, and government officials to increase understanding of
international antitrafficking conventions and to combat widespread
ignorance about the trafficking issue. High-level officials served as
keynote speakers at the workshops, and antitrafficking and gender-based
violence posters containing emergency contacts for victims were
distributed throughout the districts to assist potential victims.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--Although the constitution protects the
rights of persons with disabilities, the government had not enacted
legislation or otherwise mandated accessibility to buildings for
persons with disabilities, nor does the law prohibit discrimination
against persons with disabilities. There were no reports of
discrimination against persons with disabilities in employment,
education, or the provision of other state services; however, in many
districts children with disabilities were unable to attend school due
to accessibility problems.
Training and vocational initiatives did not address the needs of
persons with disabilities. 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 is responsible for protecting the rights
of persons with disabilities.
National/Racial/Ethnic Minorities.--Some tensions between persons
from the eastern districts (Lorosae) and persons from the western
districts (Loromonu) continued, although this was greatly diminished
from levels witnessed during the 2006 political crisis.
Relations were generally good between the ethnic majority and
members of several small ethnic minority groups including ethnic
Chinese (who constitute less than 1 percent of the population) and
ethnic-Malay Muslims.
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 ELTJB
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.
The law provides for the right to strike, but few workers exercised
this right during the year. The law on assembly and demonstrations
could be used to inhibit strikes but was not used in this way.
The Immigration and Asylum Act prohibits foreigners from
participating in the administration of trade unions.
b. The Right to Organize and Bargain Collectively.--While
collective bargaining is permitted, workers generally had little
experience negotiating contracts, promoting worker rights, or engaging
in collective bargaining and negotiations.
There are no formal export processing zones.
c. Prohibition of Forced or Compulsory Labor.--Government
regulations prohibit forced or compulsory labor, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code generally prohibits children under 18 from working; however,
there are circumstances under which children between the ages of 15 and
18, 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 labor code does not
stipulate a minimum wage. The labor code provides for a standard
workweek of 40 hours, standard benefits such as overtime and leave, and
minimum standards of worker health and safety. A National Labor Board
and a Labor Relations Board exist, and there are no restrictions on the
rights of workers to file complaints and seek redress. Workers have the
right to remove themselves from hazardous conditions without
jeopardizing employment; however, it was not clear whether they could
avail themselves of this right in practice.
__________
TONGA
The Kingdom of Tonga is a constitutional monarchy with a population
of approximately 102,000. Political life is dominated by King Siaosi
(George) Tupou V, the nobility, and a few prominent commoners. The most
recent election for ``people's representative'' seats in Parliament,
held in April 2008, was deemed generally free and fair. There were
several nascent political parties. A state of emergency declared
following a 2006 riot in the capital of Nuku'alofa remained in effect
but limited in scope to Nuku'alofa. Civilian authorities generally
maintained effective control of the security forces.
Citizens lacked the ability to change their government. The
government at times restricted media coverage of certain political
topics. Government corruption was a problem, and discrimination against
women continued.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the government
generally respected these prohibitions in practice.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
government permitted visits by family members and church
representatives. The Tonga Red Cross (TRC) monitored prison conditions
through quarterly visits to the main prison. The government permitted
monitoring visits by international human rights observers, but there
were no such visits during the year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
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 470 persons. Incidents of bribe taking and other forms of
corruption in the police force reportedly occurred. Reports of
corruption and other public complaints are referred to a specific
police office that conducts internal investigations and, if necessary,
convenes a police tribunal. Entry-level police training included
training on corruption, ethics, transparency, and human rights.
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 a 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. Judges hold office ``during good behavior'' and
otherwise cannot be dismissed during their terms.
The court system consists of the Privy Council, the Court of
Appeal, the Supreme Court, the police magistrate's court, and the Land
Court. The king's Privy Council presides over cases relating to
disputes regarding titles of nobility and estate boundaries and hears
appeals from the Land Court.
The TDS and the police force both have tribunals, which cannot try
civilians.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials are public, and defendants have the option to request a seven-
member jury. Defendants are presumed innocent, may question witnesses
against them, and have access to government-held evidence. 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.
On March 25, a Supreme Court jury found member of Parliament (MP)
Sione Teisina Fuko and four other defendants not guilty of sedition
charges relating to statements they made prior to the 2006 riot. The
chief justice had dismissed the charges against a sixth man in the case
the previous week, citing insufficient evidence.
In July the Court of Appeal heard the appeal of MPs 'Akilisi
Pohiva, 'Isileli Pulu, Clive Edwards, and 'Ulititi Uata, and former MP
Lepolo Taunisila, who were charged in 2007 with sedition in relation to
speeches they made at political rallies just prior to the 2006 riot. On
September 9, the court ordered that all indictments against four of the
five politicians be dismissed. The court stated that the prosecution
had not established that the four appellants had conspired to encourage
violence. The court upheld one individual charge against Edwards of
``speaking seditious words'' ; that case was awaiting trial at year's
end.
Government-controlled media outlets were criticized for exercising
self-censorship. Since the political campaigns of 2008, the Tonga
Broadcasting Commission (TBC)'s board has directed that all programming
be reviewed by TBC board-appointed censors prior to broadcast. During
parliamentary debates in September, MP Clive Edwards told the House
that a prerecorded radio program in which he participated still had not
been broadcast a week later. MP 'Akilisi Pohiva also claimed that parts
of a speech he made were edited when it was rebroadcast by the TBC.
Media access to parliamentary debates also was restricted. In June
2008 the speaker of Parliament announced that he would allow only one
reporter, from the TBC, into Parliament during debates, and only for
one hour. The print media must wait for the official minutes, usually
published several days after Parliament closes.
While there was little editorializing in the government-owned
media, opposition opinion in the form of letters to the editor, along
with government statements and letters, appeared regularly. From time
to time, the national media carried comments, including some by
prominent citizens, critical of government practices and policies.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Lack of infrastructure limited access to a certain extent, but there
were Internet cafes available in the larger towns in all three of the
country's main island groups. The International Telecommunication Union
reported that approximately 8 percent of the country's inhabitants used
the Internet in 2008.
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.
Trials continued during the year for persons charged with offenses
relating to the 2006 riot. As of March (the latest statistics
available), of the 303 persons indicted, 107 were convicted, 18 were
acquitted, 26 had the charges against them withdrawn, 31 were awaiting
trial, three were remitted back to the magistrate's court, and 118 were
placed in the adult diversion program, whereby they admitted to the
offense and were directed to perform community service for a specified
period and maintain good behavior.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice. However, the dominant Christian religion shows its influence
in a constitutional provision that Sunday is to be ``kept holy'' and
that no business can be conducted ``except according to law.'' Although
an exception was made for bakeries, hotels, resorts, and restaurants
that are part of the tourism industry, the Sunday prohibition was
otherwise enforced strictly for all businesses, regardless of the
business owner's religion.
TBC guidelines require that religious programming on Radio Tonga be
confined ``within the limits of the mainstream Christian tradition.''
Although the TBC allowed the Church of Jesus Christ of Latter-day
Saints and the Baha'i Faith to broadcast their programs on TV Tonga and
Radio Tonga, it prohibited discussion of their founders and the basic
tenets of their faiths. The government-owned but privately operated
newspaper occasionally carried news articles about Baha'i activities or
events, as well as those of other faiths.
There was an unconfirmed report that in May two New Zealand-based
Falun Gong practitioners visiting Tonga were questioned by officials
about their activities while in the country.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, including
anti-Semitic acts. There was no known resident Jewish community.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and prior to the declaration of a state of emergency in
2006, the government generally respected these rights in practice. The
continuing emergency powers regulations authorize the police and
military to restrict free movement in and around a ``proclaimed area''
of Nuku'alofa, but these restrictions were rarely enforced.
The occasion did not arise during the year for cooperation with the
UN High Commissioner for Refugees or other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law does not prohibit forced exile, but the government did not
employ it in practice.
Protection of Refugees.--The 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. 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
Citizens do not have the ability to change their leaders or system
of government. The king and 33 hereditary nobles dominated government.
The king appoints the prime minister. He also appoints and presides
over the Privy Council (called the cabinet when the king or regent is
not presiding), which makes major policy decisions. The council is
composed of as many as 14 ministers and two regional governors; it
includes nobles and commoners, all serving at the king's pleasure.
The unicameral Parliament consists of the cabinet members, nine
nobles elected by their peers, and nine representatives elected by the
general population. The king appoints the speaker from among the
representatives of the nobles. Cabinet members and nobles often voted
as a bloc.
In 2007 a tripartite committee of cabinet, nobles', and people's
representatives issued a report to Parliament recommending major
changes to the political system that would result in a sizable majority
of people's representatives in Parliament. Parliament endorsed the
committee's report in general but put off implementation of recommended
reforms until 2010. On January 5, a five-member Constitutional and
Electoral Reform Commission (CEC) was officially established, with a
parliamentary mandate to recommend, and draft legislation to implement,
political and electoral reforms. On November 5, the CEC submitted its
final report and recommendations to the Privy Council and Parliament.
By year's end Parliament had debated and endorsed amendments to some of
the recommendations.
Elections and Political Participation.--Citizens 21 years or older
and resident in the country may vote. The April 2008 elections for
Parliament's nine people's representatives were deemed generally free
and fair and resulted in a strong showing for prodemocracy candidates.
Nobles and cabinet members associated with the royal family have
traditionally dominated the Parliament and government. For several
decades a democracy movement has been building, and since 2005 three
proreform political parties have been registered.
There were no women in the 34-member Parliament. A woman may become
queen, but the constitution forbids a woman to inherit hereditary noble
titles or become a chief. There was one female government minister.
The single minority cabinet minister resigned in August; there were
no other 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. In November a commission of inquiry into the August 5 sinking of
the government-owned ferry MV Princess Ashika revealed that cabinet had
resolved to purchase the MV Princess Ashika before it sought the
endorsement of the government's procurement committee. 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.
During the year representatives of regional human rights
organizations visited the country to conduct training for local
counterparts and provide assistance in setting up local human rights
organizations.
The government cooperated with international governmental
organizations and permitted visits by representatives of the UN and
other international bodies; there were some such visits during the
year.
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 but increasing, although there were no reliable statistics.
Rape cases were investigated by the police and prosecuted under the
penal code. Police received at least two reports of rape during the
year, but complete statistics were not available by year's end; women's
rights nongovernmental organizations (NGOs) reported that the number of
complaints they received of sexual violence against women was higher.
The police Domestic Violence Unit, together with various NGOs,
including the National Center for Women and Children, the Women and
Children Crisis Center (a new NGO established in November), 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 329 persons sought assistance from these organizations
during the year. Of these, 76 percent were women, and 15 percent were
children under the age of 12 years. Domestic violence was the leading
complaint for women, while neglect and physical abuse were the leading
reasons for seeking assistance for children. During the year four women
were killed in domestic violence incidents. Three of the accused
perpetrators were tried and convicted by year's end; two received life
sentences, and the third was sentenced to 25 years' imprisonment.
The law does not address domestic violence specifically, but
domestic violence can be prosecuted under laws against physical
assault. During the year the Police Domestic Violence Unit initiated 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 because many women were reluctant to press
charges against their spouses due to cultural constraints. The police
received 459 reports of domestic violence 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.
Prostitution is not illegal, but activities such as soliciting in a
public place, procuring, operating a brothel, and trading in women are
criminal offenses. There were reports of women and underage girls
engaging in commercial sexual activities.
Sexual harassment is not a crime, but physical sexual assault could
be prosecuted as indecent assault. Sexual harassment of women sometimes
occurred, based on complaints received by the police's Domestic
Violence Unit.
Couples and individuals have the right to decide freely and
responsively the number, spacing, and timing of their children. Free
information about and access to contraception were provided by public
hospitals and health centers and by a regional NGO's clinic. However,
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 also provided free obstetric and postpartum care. 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.
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 also operated safehouses 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.
There were some reports of child abuse during the year, including
eight reports of child battery. The perpetrators in two cases were
convicted and fined in the magistrate's court. One person was charged
with manslaughter in the death of a four-year-old child; the case was
pending 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.
Trafficking in Persons.--While the law does not specifically
address trafficking in persons, violators could be prosecuted under
antislavery statutes. There were no confirmed reports that persons were
trafficked to, from, within, or through the country. There were
anecdotal reports that some nationals of the People's Republic of China
working legally and illegally in the country may have been coerced into
prostitution or other forced labor. There were reports that members of
foreign fishing crews solicited underage girls for commercial sex.
Persons With Disabilities.--There are no mandated provisions for
services for persons with disabilities. The TRC operated a school for
children with disabilities and conducted occasional home visits. There
were no complaints of discrimination in employment, education, and
provision of other government services.
A Ministry of Education pilot program, 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 were no programs to
ensure access to buildings for persons with disabilities, and in
practice most buildings were not accessible. 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 were also moving 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 2008 the PSA filed suit against the government claiming
unlawful dismissal of the PSA's secretary general from her job at the
Agriculture Department in 2007. She was fired after she signed letters
to the government on behalf of the PSA asserting breaches by the
government of a memorandum of understanding between the government and
civil servants who had gone on strike in 2005. The case was still
pending at year's end.
Labor laws apply in all sectors of the economy, including the two
small export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred among citizens. There were anecdotal reports that
some foreign workers may have been coerced into prostitution or other
forced labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although there is no legislation prohibiting child labor, the practice
did not exist in the wage economy. According to the National 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 during the year, and their
salaries generally were sufficient to provide a decent standard of
living for a worker and family.
Labor laws and regulations, enforced by the Ministry of Labor,
Commerce, and Industries, limited the workweek to 40 hours. The
ministry enforced laws and regulations in the wage sector of the
economy, particularly on the main island of Tongatapu, but enforcement
in the agricultural sector and on the outer islands was less
consistent.
Few industries exposed workers to significant danger, and
industrial accidents were rare. The government seldom addressed
industrial safety standards, including the right of workers to remove
themselves from dangerous work situations.
__________
TUVALU
Tuvalu is a parliamentary democracy with a population of
approximately 10,000. In 2006 citizens elected a 15-member unicameral
Parliament in generally free and fair elections. There were no formal
political parties. Following the elections a loose coalition of eight
members of Parliament formed a new government and selected Apisai
Ielemia as prime minister. Civilian authorities generally maintained
effective control of the security forces.
The government generally respected the human rights of its
citizens, and the law and judiciary generally provide effective means
of addressing individual instances of abuse. However, there were a few
areas of concern. Traditional customs and social patterns led to and
perpetuated religious and social discrimination, including
discrimination against women.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Local hereditary elders exercise discretionary traditional
punishment and disciplinary authority. This includes the right to
inflict corporal punishment for infringement of customary rules, which
can be at odds with 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 permits monitoring visits by international human rights
observers, but there were no such visits during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the 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 meeting. 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 only infrequently
traveled to the outer islands. Nongovernmental organizations (NGOs)
urged the government to provide sufficient personnel and financial
resources to the Office of the People's Lawyer to enable it to meet the
needs of the public effectively on both Funafuti and the outer islands.
The country had no attorneys in private practice.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Procedural
safeguards are based on British common law. The law provides for a
presumption of innocence. Judges conduct trials and render verdicts;
there are no juries. Trials are public and defendants have the right to
be present. Defendants have the right to be informed of the nature of
the offenses with which they are charged, to consult with an attorney
in a timely manner, and to have access to an independent public
defender. They also have the right to confront witnesses, present
evidence, and appeal convictions. Since 2008 the number of backlogged
cases awaiting trial both on the main island of 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. In previous years the government occasionally
limited these rights in practice, but there were no reports of such
government limitations during the year.
Citizens are free to criticize the government publicly or privately
without reprisal, and there were no reports that the government sought
to impede such criticism.
There were no private, independent media. The government's Media
Department 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
peaceful expression of views via the Internet, including by e-mail.
However, the relative lack of telecommunications infrastructure,
especially beyond the capital island of Funafuti, and relatively high
costs restricted public access to and use of the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice. The constitution also states that the laws are to be based on
Christian principles. Despite official tolerance, religious homogeneity
(more than 90 percent of citizens are members of the Church of Tuvalu,
a Congregationalist denomination) and traditional structures of
communal life posed practical barriers to the introduction and spread
of other religious beliefs.
In September the Court of Appeal met to review the Tuvalu Brethren
Church's 2006 appeal of the High Court's 2005 ruling permitting local
traditional authorities to restrict the constitutional right to
religious freedom in defense of traditional mores. In its decision the
court set aside the High Court ruling and declared unconstitutional a
2003 resolution of the Nanumanga Island council banning the Brethren
Church.
The constitution provides that no person attending a place of
education shall be required to receive religious instruction or
participate in other religious activities without his or her consent.
Officials of Jehovah's Witnesses confirmed that during the year the
government granted students at Motufoua Secondary School who were
members of Jehovah's Witnesses exemption from religious instruction at
school. The church had previously reported cases in which school
officials required such students to attend religious instruction
despite their requests to be excused.
Societal Abuses and Discrimination.--There was a degree of societal
intolerance toward religions other than established Christian
denominations, particularly on the outer islands. There was no known
Jewish community, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The occasion did not arise during the year for government
cooperation with the Office of the UN High Commissioner for Refugees
and other humanitarian organizations in providing protection and
assistance to internally displaced persons, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern.
The constitution prohibits forced exile, and the government did not
practice it.
Protection of Refugees.--The country is a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
Its 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 2006 general elections
were generally free and fair. An eight-member majority of the newly
elected Parliament selected Apisai Ielemia as prime minister.
There were no formal political parties; instead, Parliament tended
to divide between an ad hoc faction with at least the necessary eight
votes to form a government and an informal opposition faction.
Participation by women in government and politics was limited,
largely due to traditional perceptions of women's role in society.
There were no women in the 15-member Parliament. One woman served as a
cabinet minister.
There were no members of minorities in the 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 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. During the year the government continued to ban most overseas
travel by officials unless funded from abroad.
The law provides for annual, public ministerial reports, but
publication was spotty and often nonexistent. The Auditor General's
Office, responsible for providing government oversight, was underfunded
and lacked serious parliamentary support. Public officials were not
subject to financial disclosure laws.
In March, together with Nauru and Kiribati, the country signed a
memorandum of understanding to establish a subregional audit support
program, a new 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, but there were no such visits during the year.
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 gender discrimination.
Women.--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.
Rape is a crime punishable by a minimum sentence of five years'
imprisonment, but spousal rape is not included in the legal definition
of this offense. There were both arrests and trials for rape-related
offenses during the year.
The law does not specifically address domestic violence, and the
issue was not a source of broad societal debate. Acts of domestic
violence were prosecuted under the assault provisions of the penal
code. The maximum penalty for common assault is six months'
imprisonment, and for assault with actual bodily harm, it is five
years' imprisonment. 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.
Prostitution is illegal and was not a problem. The law does not
specifically prohibit sexual harassment but prohibits indecent
behavior, which includes lewd touching. Sexual harassment was not a
significant problem.
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.
Government hospitals also offered the same services and provided free
prenatal, obstetric, and postnatal care. 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 is punishable by up to life imprisonment.
Sexual relations with a girl above age 12 but under age 15 is
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.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons, but there were no reports that persons were
trafficked to, from, through, or within the country. The law
specifically prohibits procurement of persons within and across borders
for purposes of prostitution.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The law does not prohibit
discrimination on the basis of physical or mental disability. There
were no known reports of discrimination against persons with
disabilities in employment, education, or the provision of other state
services. However, supplementary state services to address the special
needs of persons with disabilities were very limited. There are no
mandated building accessibility provisions for persons with
disabilities. Although the one multistory government building had
elevators, they were not operational, and there were no elevators in
other multistory buildings.
There was no government agency with specific 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 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 population lacked permanent
employment and was engaged in subsistence activity.
Public-sector employees, such as civil servants, teachers, and
nurses, were members of professional associations that did not have
union status. The only registered trade union, the Tuvalu Seamen's
Union, had approximately 1,350 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. The government effectively enforced these prohibitions.
Children rarely were employed outside the traditional economy of
subsistence farming and fishing.
e. Acceptable Conditions of Work.--The minimum wage, set by the
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 A$130
(approximately $116). 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, very few persons worked in the formal
economy, which was primarily on the main island, and the government did
not have occasion to enforce the law during the year.
The law provides for rudimentary health and safety standards. It
requires employers to provide an adequate potable water supply, basic
sanitary facilities, and medical care. The Ministry of Foreign Affairs
and Labor is responsible for the enforcement of these regulations, but
in practice it provided minimal enforcement. Workers can remove
themselves from work situations that endanger health or safety without
jeopardy to their jobs; the law also protects legal foreign workers.
__________
VANUATU
Vanuatu is a multiparty parliamentary democracy with a population
of approximately 235,000. The head of government, Prime Minister Edward
Natapei, governed with a seven-party coalition. The most recent
elections, held in September 2008, were considered generally free and
fair. Civilian authorities generally maintained effective control of
the security forces; however, police officials on occasion acted
peremptorily or at the direction of senior politicians.
The government generally respected the human rights of its
citizens, but there were problems in some areas. These included poor
prison conditions, arrests without warrants, an extremely slow judicial
process, government corruption, and violence and discrimination against
women.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
in March police officers reportedly beat 21-year-old escaped prisoner
John Bule after recapturing him. Bule later died at Vila Central
Hospital, where he had been brought by police after sustaining multiple
injuries. At year's end no one had been charged in the case, and a
coroner's inquest was continuing.
Court hearings reportedly were carried out during the year 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, with one outstanding case awaiting trial at year's end. No
further information was available.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed torture; however, there
were reports of police 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. In December
2008 inmates set fire to the main Port Vila prison, allegedly due to
their frustration over the poor conditions there, and approximately 70
prisoners escaped. Security at all facilities was poor, and there were
frequent prisoner escapes.
At year's end the prison system held a total of 190 inmates,
including 158 convicted prisoners and 32 pretrial detainees. There were
four female prisoners and five 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.
Following the December 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
prisoners' allegations. The commission prepared a report, but it had
not been publicly released as of year's end.
In April 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 1, details of their injuries and
illnesses, and information on prison escapees. According to the public
prosecutor, only one case was received from the police by year's end
and was under investigation. At year's end no report had been released.
The government permitted prison monitoring visits by independent
human rights observers. During the year the prisons in Port Vila were
visited by representatives from the UN High Commissioner for Human
Rights and by members of the country's judiciary.
There were some improvements reported in prison conditions during
the year. In September the nongovernmental organization (NGO) Impunity
Watch reported that the country had implemented separation of juveniles
from adult prisoners in its correctional facilities. Previously some
juveniles had been held with adults. According to the director of
correctional services, prison food was improved to include protein
three times per week, which was not the case previously.
Following the December 2008 fire, a major refurbishment was
undertaken of the Port Vila prison facilities during the year, with
foreign assistance. New infrastructure in the form of a temporary
``high risk'' unit was constructed to create more appropriate
accommodations for inmates who had committed violent offenses and
inmates with a previous record of escapes. Health- care services were
procured from the Red Cross to supplement services available through
the public health system, and a Red Cross nurse was assigned to deliver
health care services to inmates. Specialist cook positions were created
to assist in ensuring appropriate food preparation, and a joinery
workshop was established to add to the range of activities available to
inmates. 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
accomplished by year's end.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The commissioner of
police heads the police force, including a police maritime wing, the
paramilitary Vanuatu Mobile Force, 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. During the
year foreign assistance continued to be provided to address some of the
problems confronting the force. Actions taken under the assistance
projects included recruitment of new officers, establishment of
additional police posts on outer islands and in rural areas, and police
building repairs and maintenance. Under a five-year capacity-building
project begun in 2006, seven Australian Federal Police officers were
attached to the Vanuatu Police Force as advisors.
Corruption and impunity were not major problems; however, there
were instances of corruption and instances in which police acted
without proper authorization at the behest of politicians. In October
2008 four police officers suspended in 2007 for their implication in a
fraud case returned to full duty pending the return to the country of
an Indo-Fijian who was the prime suspect. During the year the police
commissioner confirmed that one of the officers had committed suicide
in relation to the case, and the other officers continued on duty as
the prime suspect had not returned to the country, and there was
insufficient evidence against the accused officers.
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.
Magistrates' courts deal with most routine legal matters. Island
courts are present at the local level, with limited jurisdiction in
civil and criminal matters. The Supreme Court, an intermediate-level
court, has unlimited jurisdiction over criminal and civil matters and
considers appeals from the magistrates' courts. The Appeals Court is
the highest appellate court. Judges cannot be removed without cause.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
The judicial system is derived from British common law. Judges conduct
trials and render verdicts; there are no juries. The courts uphold
constitutional provisions for a fair public trial, a presumption of
innocence until guilt is proven, a prohibition against double jeopardy,
a right to counsel, a right to judicial determination of the validity
of arrest or detention, a right to question witnesses and access
government-held evidence, and a right of appeal. The law extends these
rights to all citizens. The Public Defender's Office provides free
legal counsel to indigent defendants.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters, including for human rights
violations; however, police were reluctant to enforce domestic court
orders.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the government generally
respected these rights in practice.
On January 17, four correctional service officers assaulted Marc
Neil-Jones, publisher of the Vanuatu Daily Post newspaper, in his
office. The Post had published articles reporting prisoners'
allegations of poor treatment. At year's end one of the four officers
was charged in the assault, and the case was pending a court hearing.
In February freelance Post reporter Esther Tinning was assaulted by
Collen Litch, a young man about whom she had written a feature story,
as she took her children to school. Although the story was positive,
Litch allegedly stated that he did not like a newspaper story being
written about him. Litch was convicted of assault; he received a
suspended sentence and a fine. The Post reported that Tinning, who was
pregnant at the time, had a miscarriage as a result of the assault.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail;
however, cost and lack of infrastructure limited public access to the
Internet. The International Telecommunication Union reported that
approximately 7 percent of the country's inhabitants used the Internet
in 2008.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the government generally respected this right in
practice. The government provided some financial assistance for the
construction of churches affiliated with member denominations of the
Vanuatu Christian Council (VCC), provided grants to church-operated
schools, and paid teachers' salaries at church-operated schools in
existence since the country's independence. These benefits were not
available to non-Christian religious organizations.
Government schools scheduled weekly religious education classes
conducted by representatives of VCC churches. Students whose parents
did not wish them to attend the classes were excused. Non-Christian
religions were not permitted to give religious instruction in public
schools.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, although
some churches and individuals objected to missionary activities of
nontraditional religious groups. The country's Jewish community was
limited to a few foreign nationals, and there were no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR).
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 its 1967 Protocol. The
law does not provide for the granting of asylum or refugee status, and
the government has not established a system for providing protection to
refugees. The government did not grant refugee status or asylum. In
practice, during the year 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
principal immigration officer, at year's end there were three Sri
Lankans and one Indonesian from West Papua in Port Vila awaiting
resettlement in a third country by the UNHCR office in Canberra,
Australia.
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 and were considered
generally free and fair. Allegations of bribery and electoral fraud
were raised against Foreign Minister Bakoa Kaltongga, two other
politicians, and a former ambassador to the UN. The allegations against
them were that some voters were turned away from polling booths because
their names were not on the roll. 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 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. There were no
women in the cabinet. In March Viran Molisa was appointed solicitor
general, the first woman to hold that position, the second-ranking
position (under the attorney general) in the Office of the State Law.
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.
A report by the Office of the Ombudsman released in 2008 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 were
allegedly implicated in the case. Although the case was referred to the
Public Prosecutor's Office for further action, during the year that
office sent it back to the police for further investigation, citing
lack of sufficient evidence to prosecute.
Public officials are subject to a leadership code of conduct, which
includes financial disclosure requirements. The Ombudsman's Office and
Auditor General's Office are key government agencies responsible for
combating government corruption.
No law provides for public access to government information. In
practice governmental response to requests for information from the
media was inconsistent. In June the Prime Minister's Office released a
memorandum to all government ministers instructing them to engage
proactively with the media on issues where their areas of
responsibilities were brought into question, in order to avoid negative
media reporting.
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 government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations. There were a number of reports issued by or with the
support of UN agencies during the year.
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.
In April a new NGO, the Advocacy of Legal Advice Center, was
established with the stated goal of working to hold officials more
accountable, including following up on public complaints about
officials and building a database of cases.
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. In 2008 Parliament passed the
Family Protection Act, which covers domestic violence, women's rights,
children's rights, and family rights. Violators could face prison terms
of up to five years or pay a fine of up to 100,000 vatu (approximately
$1,040) or both. By year's end a national task force for implementation
of the law had been appointed and a framework for implementation
approved, but the law had not yet been implemented.
Most cases of violence against women, including rape, went
unreported because women, particularly in rural areas, were ignorant of
their rights or feared further abuse. There were no government programs
to address domestic violence, and media attention to the abuse was
limited. The Department of Women's Affairs played a role in the process
for implementing the Family Protection Act, and the department's 2009
budget provided for increases in staffing and other resources to
improve its capacity to carry out its responsibilities. 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 victim later
wishes to withdraw her complaint, she must go to court to request it be
dropped.
Churches and NGOs operated facilities for abused women. NGOs such
as the National Council of Women and the Vanuatu Women's Center also
played an important role in educating the public about domestic
violence but did not have sufficient funding to implement their
programs fully.
Prostitution is illegal and was not regarded as widespread.
However, in 2008 and again during the year, the Vanuatu Daily Post
reported that prostitution was increasing; poverty appeared to be the
main cause.
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. 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. 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 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.
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. In practice women also
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 both through birth in the country
and through one's parents.
The government stressed the importance of children's rights and
welfare, but there were significant problems in education. Although
there is a free and universal education policy, all children paid
school fees, which served as a barrier to education.
School attendance is not compulsory. Less than 35 percent of all
children advanced beyond elementary school due to a shortage of schools
and teachers beyond grade six. Boys tended to receive more education
than did girls. Although attendance rates were similar in the early
primary grades, fewer girls advanced to the higher grades. A
significant portion of the population, perhaps as high as 50 percent,
was functionally illiterate.
Child abuse was not believed to be extensive; however, the
government did little to combat the problem. NGOs and law enforcement
agencies reported increased complaints of incest and rape of children
in recent years, but no statistics were available. In January police
charged Efate MP Joshua Kalsakau with indecent assault and unlawful
sexual intercourse with a minor; the offense allegedly took place at a
resort on New Year's Eve in 2008. Kalsakau was released on bail pending
trial. However, before the trial date, the victim withdrew her
complaint and refused to testify, and the charges were dismissed due to
lack of evidence.
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.
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 penalty is five years'
imprisonment or if the child is under age 14, seven years'
imprisonment.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, there were no reports that persons
were trafficked to, from, through, or within the country.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--There is no law specifically
prohibiting discrimination against persons with physical or mental
disabilities. There is a national policy designed to protect the rights
of persons with disabilities, but the government did not implement it
effectively. There were no special programs to assist persons with
disabilities and no legislation mandating access to buildings for them.
Their protection and care were left to the traditional extended family
and NGOs. Due to a high rate of unemployment, few jobs were available
for persons with disabilities. Persons with mental illness generally
did not receive specialized care; members of their extended families
usually attended to them.
National/Racial/Ethnic Minorities.--Most of the population is
Melanesian. Small minorities of Chinese, Fijians, Vietnamese, Tongans,
and Europeans generally were concentrated in two towns and on a few
plantations. Most of the land belongs to indigenous tribes and cannot
be sold, although prime real estate was increasingly leased to others.
Within the limits of this system of land tenure, there generally were
no reports of discrimination against ethnic minorities; however, only
indigenous farmers may legally grow kava, a native herb, for export.
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.
In March some workers at the sole electric utility, UNELCO, went on
strike to protest the termination of another staff member, Gremson
Valua, who was also their spokesperson and a member of the Vanuatu
Workers Union. The one-day sit-in strike prompted a court hearing the
same day; the court ruled the strike illegal and ordered the workers to
return to work. Staff resumed work, and Valua was not reinstated.
UNELCO did not give a reason for his termination but, according to the
Department of Labor, paid out all the entitlements due him under the
Employment Act. The union continued to maintain that Valua was
terminated because he was a union member.
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, other than workers' allegation of
discrimination by the UNELCO electric utility against a union member.
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. The Department of Labor
effectively enforced these laws.
e. Acceptable Conditions of Work.--In 2008 the Department of Labor
increased the minimum wage to 26,000 vatu (approximately $270) per
month. The department reviews the minimum wage in consultation with
employers and unions, as and when directed by the minister for labor.
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 three 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 87 million, is an authoritarian state ruled by the
Communist Party of Vietnam (CPV). The most recent National Assembly
elections, held in 2007, were neither free nor fair, since all
candidates were vetted by the CPV's Vietnam Fatherland Front (VFF), an
umbrella group that monitored the country's mass organizations.
Civilian authorities generally maintained effective control of the
security forces.
The government's human rights record remained a problem. Citizens
could not change their government, and political opposition movements
were prohibited. During the year the government increased its
suppression of dissent, arresting several political activists and
convicting others arrested in 2008. Several editors and reporters from
prominent newspapers were fired for reporting on official corruption
and outside blogging on political topics, and bloggers were detained
and arrested for criticizing the government. Police commonly mistreated
suspects during arrest or detention. Prison conditions were often
austere. Although professionalism in the police force improved,
corruption remained a significant problem, and members of the police
sometimes acted with impunity. Individuals were arbitrarily detained
for political activities and denied the right to fair and expeditious
trials. The government continued to limit citizens' privacy rights and
tightened controls over the press and freedom of speech, assembly,
movement, and association. The government maintained its prohibition of
independent human rights organizations. Violence and discrimination
against women as well as trafficking in persons continued to be
significant problems, despite laws and government efforts to combat
such practice. 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. Unlike in previous years, there were no reports of
deaths in custody.
There were no developments in the case of Y Ben Hdok, a Montagnard
from Dak Lak who died while in detention in May 2008.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There were no developments in the case of Thich Tri Khai, a monk
from the unregistered Unified Buddhist Church of Vietnam, whom police
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 the provinces of Dak Lak, Dien Bien,
Gia Lai, Ha Giang, Lai Chau, Nghe An, Son La, Thai Binh, Thanh Hoa, and
Tra Vinh. Some incidents were related to unrecognized Protestant
churches that were seeking to hold services in these provinces. Land-
rights protesters in Ho Chi Minh City and several Mekong Delta
provinces also reported harassment from local authorities. Most
incidents between ethnic minorities and local authorities involved
land, money, or domestic disputes.
In contrast with 2008, there were no reports that the government
committed activists involuntarily to mental hospitals as a tactic to
quell dissent.
The Open Society Institute reported that more than 50,000 drug
users were being held in forced detoxification drug treatment camps.
Prison and Detention Center Conditions.--Prison conditions could be
austere but generally did not threaten the lives of prisoners.
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
May visit to Nam Ha Prison in Ha Nam Province. Prisoners sometimes were
moved to solitary confinement, where they were deprived of reading and
writing materials for periods of up to several months. Family members
made credible claims that prisoners received better benefits by paying
bribes to prison officials.
Prisoners had access to basic health care, with additional medical
services available at district or provincial hospitals. However, in
many cases officials obstructed family members from providing
medication to prisoners. Family members of one activist who experienced
eye problems while in a prison in Thanh Hoa Province and family members
of another activist who had a stroke while in prison in Ha Nam Province
both claimed that medical treatment was inadequate, resulting in
greater long-term health complications.
Prison authorities returned Father Nguyen Van Ly's Bible to him and
allowed him to read party-sanctioned newspapers and watch television.
However, he was in poor health after suffering two strokes in prison in
July and November. After the second and more severe stroke, he was
moved to a hospital administered by the Ministry of Public Security
(MPS) near Hanoi. Following treatment, he was returned to the prison
facility in Ha Nam, where he remained at year's end.
The total number of prisoners and detainees was not publicly
available. Pretrial detainees were held separately from convicted
prisoners. By regulation and practice, 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 availability of space in
detention facilities. By regulation men and women were held separately.
Political prisoners were typically sent to specially designated prisons
that also held other convicts, and in most cases most political
prisoners were kept separate from nonpolitical prisoners. Some high-
profile political prisoners were kept in complete isolation from all
other prisoners.
Authorities allowed foreign diplomats and a foreign delegation to
make limited prison visits and meet with prisoners in various prisons.
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 MPS; however, in some remote areas, the
military is the primary government agency and provides public safety
functions, including maintaining public order in the event of civil
unrest. The MPS controls the police, a special national security
investigative agency, and other internal security units. It also
maintains a system of household registration and block wardens to
monitor the population. While this system has generally become less
intrusive, it continued to be used to monitor those suspected of
engaging, or likely to engage, in unauthorized political activities.
Credible reports suggested that local police forces used ``contract
thugs'' and ``citizen brigades'' to harass and beat political activists
and others, including religious worshippers, perceived as
``undesirable'' or a ``threat'' to public security.
Police organizations exist at the provincial, district, and local
levels and are subject to the authority of people's committees at each
level. The police were generally effective at maintaining political
stability and public order, but police capabilities, especially
investigative, were generally very low. Police training and resources
were inadequate.
Corruption 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. 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 (the public prosecutor's
office) issues arrest warrants, generally at the request of police.
However, police may make an arrest without a warrant on the basis of a
complaint filed by any person. The procuracy issues retroactive
warrants in such cases. The procuracy must issue a decision to initiate
a formal criminal investigation of a detainee within nine days;
otherwise, police must release the suspect. In practice the nine-day
regulation was often circumvented.
The investigative period typically 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) to more than two
years for national security cases. However, at times investigations
could be prolonged indefinitely. The criminal code further permits the
procuracy to request additional two-month periods of detention after an
investigation to consider whether to prosecute a detainee or ask the
police to investigate further. Investigators sometimes used physical
isolation, excessively lengthy interrogation sessions, and sleep
deprivation to compel detainees to confess.
By law detainees are permitted access to lawyers from the time of
their detention; however, authorities used bureaucratic delays to deny
access to legal counsel. In cases investigated under broad national
security laws, authorities often delayed defense lawyers' access to
clients until an investigation had ended and the suspect had been
formally charged with a crime. 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 frequently did not allow detainees
access to family members, especially in national security cases. Prior
to a formal indictment, detainees also have the right to notify family
members. However, a number of detainees suspected of national security
violations were held incommunicado. At year's end some persons arrested
for more than a year had not been seen by family members or a lawyer,
nor had they been formally charged with crimes.
There is no functioning bail system or equivalent system of
conditional release. Time spent in pretrial detention counts toward
time served upon conviction and sentencing.
Courts may sentence persons to administrative detention of up to
five years after completion of a sentence. In addition police or mass
organizations can propose that one of five ``administrative measures''
be imposed by people's committee chairpersons at district and
provincial levels without a trial. The measures include terms ranging
from six to 24 months in either juvenile reformatories or adult
detention centers and generally were applied to repeat offenders with a
record of minor offenses, such as committing petty theft or
``humiliating other persons.'' Chairpersons may also impose terms of
``administrative probation,'' which generally was some form of
restriction on movement and travel. Authorities continued to punish
some individuals using vaguely worded national security provisions in
the criminal code.
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. During the year authorities arrested several
individuals for violating article 88, which prohibits the
``distribution of propaganda against the state.'' Those charged with
violating article 88 typically received sentences of up to five years
in prison. While several activists received reduced prison sentences
after they appealed, others had their original sentences reaffirmed
during appeals.
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
during the year.
As in 2008, 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 advance of the Tet holiday and in honor of National
Day, the central government amnestied approximately 20,000 prisoners,
the overwhelming majority of whom had ordinary criminal convictions.
The Tet amnesty included well-known journalist Nguyen Viet Chien,
People's Democratic Party activist Tran Thi Le Hang, and land rights
protester Dang Tien Thong, as well as four Khmer Krom Buddhist monks
(Kim Moeun, Danh Tol, Thach Thuong, and Ly Hoang) convicted for their
involvement in land protests in 2007. The National Day amnesty included
Nguyen Huu Hai and Nguyen Hong Son, both affiliated with an
unrecognized branch of Cao Daiism. Cambodian police arrested Hai and
Son in 2004 for protesting the Vietnamese delegation at an Association
of Southeast Asian Nations Inter-Parliamentary Organization meeting in
Phnom Penh. They were expelled to Vietnam later in 2004 and convicted
of ``fleeing abroad to oppose the government'' and ``propagating
documents against the Vietnamese Government to incite demonstrations
and riots.''
More than 100 Montagnards from the Central Highlands convicted for
violating national security laws in 2001 and 2004 were reportedly
released during the year, including 11 during the September National
Day amnesty.
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.
In July and August, national television showed videotaped police
confessions of several political activists arrested earlier in the
year, including attorney Le Cong Dinh. The confessions were shown
before their trials and in some cases before they were formally
charged.
The judiciary consists of the Supreme People's Court (SPC);
provincial and district people's courts; military tribunals;
administrative, economic, and labor courts; and other tribunals
established by law. Each district has a people's court, which serves as
the court of first instance for most domestic, civil, and criminal
cases. Each province also has a people's court, which serves as the
appellate forum for district court cases. The SPC, which reports to the
National Assembly, is the highest court of appeal and review.
Administrative courts adjudicate complaints by citizens about official
abuse and corruption. There are also special committees to help resolve
local disputes.
Military tribunals, although funded by the Ministry of Defense,
operate under the same rules as other courts. The head of the military
tribunal system is the deputy head of the SPC. Military tribunal judges
and assessors are military personnel chosen jointly by the SPC and the
ministry but supervised by the SPC. The law gives military courts
jurisdiction over all criminal cases involving military entities,
including military-owned enterprises. The military has the option of
using the administrative, economic, or labor courts for civil cases.
Courts of first instance at district and provincial levels include
judges and lay assessors, but provincial appeals courts and the SPC are
composed of judges only. People's councils appoint lay assessors from a
pool of candidates suggested by the VFF. Lay assessors are required to
have ``high moral standards,'' but legal training is not required, and
their role is largely symbolic.
There was a shortage of trained lawyers and judges. Low judicial
salaries hindered efforts to develop a trained judiciary. The few
judges who had formal legal training often had studied abroad only in
countries with communist legal traditions. The government continued to
participate in training programs to address the problem of inadequately
trained judges and other court officials.
In May the Vietnam Bar Federation (VBF), a national professional
association representing practicing attorneys, was formed pursuant to a
prime ministerial decision in January 2008 to implement the 2005 Law on
Lawyers. The VBF falls under the VFF and closely coordinated with the
Ministry of Justice and the Vietnam Lawyers Association. The VBF acted
as an umbrella association overseeing the functions of local bar
associations, and it began 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. 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 of involvement of a juvenile offender or of possible sentences
of life imprisonment or capital punishment. The defendant or the
defense lawyer has the right to cross-examine witnesses; however, there
were cases in which neither defendants nor their lawyers were allowed
to have access to government evidence in advance of the trial, cross-
examine witnesses, or challenge statements. Defense lawyers commonly
had little time before trials to examine evidence against their
clients. Convicted persons have the right to appeal. District and
provincial courts did not publish their proceedings. The SPC continued
to publish the proceedings of all cases it reviewed.
There continued to be credible reports that 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 and arrest, such as attorneys Le Cong Dinh and Le Tran Luat.
MPS spokesmen partially attributed Dinh's arrest to his defense of
political dissidents in court.
The public prosecutor brings charges against an accused person and
serves as prosecutor during trials. Earlier reforms to the criminal
procedures code were intended to move courtroom procedures towards an
``adversarial'' system, in which prosecutors and defense lawyers
advocate for their respective sides. Implementation differed from one
province to another.
In March government officials allowed several foreign diplomats to
attend the joint appellate trial of eight Thai Ha defendants (see
Political Prisoners and Detainees).
Political Prisoners and Detainees.--There were no precise estimates
of the number of political prisoners. The government held at least 60
political detainees at year's end, although some international
observers claimed the number ranged into the hundreds. The government
claimed it held no political prisoners, only lawbreakers.
On January 15, Mennonite pastor Nguyen Thi Hong was sentenced to
three years in prison for ``abusing trust to appropriate property''
related to unpaid debts owed by her deceased husband, even though the
debt had been paid and the plaintiff's family withdrew their complaint.
In May two foreigners were arrested and later deported for their
alleged connections with the Viet Tan Party, and in July another
foreigner was arrested and later deported for his alleged connections
with the Democratic Party of Vietnam (DPV).
In June prominent attorney Le Cong Dinh was arrested for posting
editorials on the BBC in Vietnamese and elsewhere that were critical of
the government and for defending prominent human rights defenders, such
as Le Thi Cong Nhan, Nguyen Van Dai, and blogger Dieu Cay. Later the
government claimed that Dinh and Tran Huynh Duy Thuc were involved in a
complex plot with overseas elements to overthrow the government. Dinh
and Thuc were originally accused of ``propagandizing against the
state'' under article 88, but on December 22, state-run media reported
that they would be tried under article 79, a national security
provision reserved for ``organizers, instigators, and active
participants'' of antistate activities that typically carries more
severe penalties, ranging from 12 to 20 years in prison to the death
sentence. An associate of Thuc, Le Thang Long, also faced charges under
article 79. Other associates, including Tran Thi Thu and Le Thi Thu
Thu, were reportedly detained in June, but according to media reports
they would not face trial.
On December 28, Tran Anh Kim, a former army colonel turned
dissident blogger who worked as the North Vietnam representative for
the banned political movement Bloc 8406 and was a DPV leader, was
sentenced under article 79 to five years and six months in prison,
followed by three years' probation. Kim and Nguyen Tien Trung, a DPV
leader and cofounder of the Viet Youth for Democracy, were arrested in
July for violating article 88; their charges also were elevated to the
more serious article 79. In August state-run media broadcast
``confessions'' from Dinh, Thuc, Trung, and Kim claiming that they had
jointly conspired to overthrow the government. They were awaiting trial
at year's end.
Phung Quang Quyen, a member of the For the People Party (FPP) and
the DPV, was released from prison in January but rearrested in
September for the third time for violating his administrative probation
by covertly traveling to Cambodia to meet with FPP leadership. Three
other individuals affiliated with the DPV were also arrested: Truong
Van Kim, Duong Au, and Truong Thi Tam. They were charged with violating
article 91 of the penal code (fleeing to a foreign country to oppose
the government) and were awaiting trial at year's end.
Le Thi Kim Thu, a land-rights activist arrested in August 2008 and
later convicted and sentenced to 18 months' imprisonment under article
88 in November 2008, was released three months early in November for
good behavior.
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).
In January People's Democratic Party member Huyen Nguyen Dao was
released after completing his full sentence.
In February Trinh Quoc Thao, a member of the Group of Vietnamese
Patriots, was released after completing his two-year sentence for
``propagandizing against the government.''
In April land rights activist and Bloc 8406 member Ho Thi Bich
Khuong was released after completing her full sentence.
There were reports that during the year more than 100 Montagnards
from the Central Highlands convicted of violating national security
laws relating to protests in the Central Highlands in 2001 and 2004
were released.
In September Bloc 8406 and Bach Dang Giang member Nguyen Ngoc Quang
was released after having served his three-year prison term for
distributing prodemocracy articles and documents on the Internet.
In September land rights activists Luong Van Sinh and Luu Quoc Quan
were released from prison after having served their full sentences for
demonstrating without a permit and propagandizing against the
government.
At the end of November, Tran Cong Minh, a member of the People's
Action Party, was released from prison after completing his 13-year
sentence. Minh was arrested in 1996 when he and 18 others attempted to
cross from Cambodia to Thailand to meet with leaders of the People's
Action Party. Minh was transferred to Vietnam and put on trial in 1999.
Nguyen Khac Toan's administrative probation ended in January and
Pham Hong Son's in August.
There were no developments reported in the case of the April 2008
detention and arrest of individuals suspected of organizing
demonstrations by ethnic minority groups protesting local land use
policies in the Central Highlands.
In February Nguyen Thi Cam Hong, a land rights protester from Long
An Province arrested in 2008, was convicted and sentenced to 18 months'
imprisonment for violating article 88.
In March eight participants arrested in the prayer vigils in Thai
Ha parish lost an appeal contesting their December 2008 convictions of
disturbing public order and destroying public property.
In four separate trials on October 6-9, nine dissidents affiliated
with Bloc 8406 and detained in August-September 2008, were sentenced to
jail terms ranging from two to six years for violating article 88.
Seven of the nine had displayed banners in Hanoi, Haiphong, and Hai
Duong that criticized the Communist Party and advocated multiparty
democracy. The remaining two were convicted for their blogging, which
the prosecution claimed slandered the government and the CPV. All but
one was represented by counsel, but most family members were barred
from attending the trials. Vu Van Hung and Tran Duc Thach were tried
separately in Hanoi and sentenced to three years in prison with an
additional three years of administrative probation. Pham Van Troi, also
tried in Hanoi, was sentenced to four years' imprisonment and an
additional four years of administrative probation. The remaining six
dissidents were tried jointly in Haiphong. Nguyen Xuan Nghia received a
six-year sentence plus three years of administrative probation. Nguyen
Van Tuc was sentenced to four years in prison followed by three years'
administrative probation. Nguyen Van Tinh and former party member
Nguyen Manh Son were both sentenced to three years and six months in
prison followed by three years' administrative probation. College
student Ngo Quynh was given a three-year prison sentence followed by
three years' administrative probation. Nguyen Kim Nhan was sentenced to
two years' imprisonment and two years' administrative probation.
Several foreign diplomats and media were permitted to attend three of
the four trials. At year's end Pham Thanh Nghien, affiliated with the
nine that were convicted, remained in detention without being charged.
Dissident author Tran Khai Thanh Thuy remained in detention in
Hanoi pending trial on assault charges stemming from an October 8
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 herself charged with assault. Earlier on the same day, authorities
stopped Thuy from travelling to Haiphong to attend the trial of the six
Bloc 8406 activists. Police forcibly took Thuy back to Hanoi and
ordered her to stay home indefinitely. On the previous day, October 7,
police harassed Thuy after she joined the family of Vu Van Hung outside
the site of his trial. In 2007 Thuy was jailed for nine months but was
released in January 2008 after she was convicted of ``disturbing the
public order'' and sentenced to time served.
Several high-profile dissidents remained in prison, including
Catholic priest Nguyen Van Ly and human rights attorneys Nguyen Van Dai
and Le Thi Cong Nhan.
Several of approximately 30 activists arrested in 2006-07 remained
under investigation and under administrative detention without being
formally charged.
Several political dissidents affiliated with outlawed political
organizations, including Bloc 8406, the People's Democratic Party,
People's Action Party, Free Vietnam Organization, DPV, the United
Workers and Farmers Organization (UWFO), and others, remained in prison
or under house arrest in various locations.
International nongovernmental organizations (NGOs) estimated that
several hundred ethnic minority demonstrators associated with the 2004
Central Highlands protests remained in prison.
Civil Judicial Procedures and Remedies.--There is no clear or
effective mechanism for pursuing a civil action to redress or remedy
abuses committed by authorities. Civil suits are heard by
administrative courts, civil courts, and criminal courts, all of which
follow the same procedures as in criminal cases and are adjudicated by
members of the same body of judges and lay assessors. All three levels
were subject to the same problems of corruption, lack of independence,
and inexperience.
By law a citizen seeking to press a complaint regarding a human
rights violation by a civil servant is required first to petition the
officer accused of committing the violation for permission to refer the
complaint to the administrative courts. If a petition is refused, the
citizen may refer it to the officer's superior. If the officer or his
superior agrees to allow the complaint to be heard, the matter is taken
up by the administrative courts. If the administrative courts agree
that the case should be pursued, it is referred either to the civil
courts for suits involving physical injury seeking redress of less than
20 percent of health-care costs resulting from the alleged abuse, or to
the criminal courts for redress of more than 20 percent of such costs.
In practice this elaborate system of referral and permission ensured
that citizens had little effective recourse to civil or criminal
judicial procedures to remedy human rights abuses, and few legal
experts had experience with the system.
Property Restitution.--In August 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 July and August, Catholic parishioners in Quang Binh Province
conducted several large-scale prayer vigils as a result of a property
dispute with provincial authorities regarding the ruins of the Tam Toa
Church in the city of Dong Hoi.
Some members of ethnic minority groups in the Central and Northwest
Highlands continued to complain that they had not received proper
compensation for land confiscated to develop large-scale state-owned
coffee and rubber plantations. During the year authorities forcibly
relocated 20,000 households due to the construction of a large
hydropower project in Son La Province. Many of those resettled said
that their loss was much greater than the state's compensation. Several
residents attributed the cause of the earlier demonstrations in the
Central Highlands to ethnic minority frustration and discontent over
policies regarding state land use.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
government did not respect these prohibitions in practice. Household
registration and block warden systems existed for the surveillance of
all citizens, although these systems were generally less intrusive than
in the past. Authorities focused particular attention on persons
suspected of being involved in unauthorized political or religious
activities.
Forced entry into homes is not permitted without orders from the
public prosecutor; however, security forces seldom followed these
procedures but instead asked permission to enter homes, with an implied
threat of repercussions for failure to cooperate. 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.
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 were regularly
and 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. One political activist reported that
her home was defiled by animal excrement and motor oil to intimidate
her from speaking out against the government.
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 occasionally
intervened directly to dictate or censor a story. In January, for
example, censors removed mention of the battle of Khe San and the word
``communism'' from the official translation of a foreign leader's
speech. More often, however, control over media content was ensured
through pervasive self-censorship, backed by the threat of dismissal
and possible arrest.
Despite the continued growth of Internet blogs, the party and the
government increased efforts to suppress press freedom, continuing a
``rectification'' campaign begun in March 2008. Reinforcing the
message, in June Prime Minister Dung stated that ``the press must serve
as the reliable vanguard for the party, state, and people on the
political and ideological front.'' During the year several senior media
editors and reporters were fired for their reporting on corruption and
criticisms of government policies, and one publication was suspended as
a result of its reporting on the 30th anniversary of the brief border
war with China.
On January 2, three editors of leading newspapers Thanh Nien, Tuoi
Tre, and Phap Luat were dismissed from their jobs as retribution for
reporting related to a large-scale corruption scandal involving the
Ministry of Transportation's Project Management Unit Number 18 (PMU-
18). These actions followed the October 2008 conviction of the two
reporters who broke the story, Nguyen Viet Chien of Thanh Nien and
Nguyen Van Hai of Tuoi Tre. Chien was sentenced to two years in prison
but released during the January Tet amnesty. Hai received a two-year
noncustodial ``reeducation'' sentence. Shortly after the arrests of
Chien and Hai, the two newspapers replaced their senior editors. In
August the government revoked the press cards of seven journalists from
state-controlled newspapers for ``lack of responsibility'' in
connection with their reports on the PMU-18 scandal.
In February the MPS shut down the online news portal
www.timnhanh.com for disseminating political content critical of the
CPV and for violating copyright laws. In April the biweekly newspaper
Du Lich was suspended for three months for publishing an article on the
30th anniversary of the border war with China. In August two reporters
with Tuoi Tre newspaper had their press cards revoked for
``inaccuracies'' in their reporting relating to corruption in 2005.
Another journalist and blogger was fired in August from the Saigon Tiep
Thi newspaper for his commentary and criticism of government policies.
The government continued to place tight restrictions on press
stories involving disputes with China over contested territory in the
South China Sea. In September Dao Duy Quat, editor in chief of the CPV
Web site www.dangcongsan.vn, was fined 30 million VND (approximately
$1,670) and formally reprimanded by the propaganda office for
reprinting an article that originally appeared in a Chinese newspaper
on China's military exercises in the South China Sea. The article
appeared to endorse China's land claims to the Spratly and Paracel
Islands.
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.
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, although the process was routine; there were no
reports of any visa renewals being refused. The number of foreign media
employees allowed was limited, and local employees who worked for
foreign media also were required to 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 of Hanoi unless it involved a
story that the government would consider sensitive or they were
traveling to an area considered sensitive, such as the Central
Highlands.
In February the MIC tightened control over the import of foreign
publications and operation of foreign publishers. Under new 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. According to the MIC, more than 25 percent
of the population had access to the Internet, and according to a study
by Yahoo, in large population centers close to 50 percent had access.
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 cases, the
government fined or punished these individuals for the content of their
blogs.
The number of persons who used social networking sites such as
Facebook increased to well over one million, as did the number of
domestic social networking sites. Early in the year, the media began
reporting on the emergence of ``microblogs'' (e.g. Facebook's status
function and Twitter) as the replacement for traditional blogs;
however, the number of users was very small. In November the government
ordered ISPs to block Facebook. Although the government denied it had
ordered the site blocked, employees at ISPs informed the media that
they had received government orders to block the site. At year's end
most persons could not access Facebook.
The government forbids direct access to the Internet through
foreign ISPs, requires domestic ISPs to store information transmitted
on the Internet for at least 15 days, and also requires ISPs to provide
technical assistance and workspace to public security agents to allow
them to monitor Internet activities.
The government requires firms such as cybercafes to register the
personal information of their customers and store records of Internet
sites visited by customers. However, many cybercafe owners did not
maintain these records. Similarly, it was not clear to what extent
major ISPs complied with the many government regulations.
While citizens enjoyed increasing access to the Internet, the
government monitored e-mail, searched for sensitive key words, and
regulated Internet content. They claimed that censorship of the
Internet was necessary to protect citizens from pornography and other
``antisocial'' or ``bad elements.'' They also claimed that efforts to
limit Internet access by school-age users was intended to keep them
from gaming at the expense of doing their schoolwork.
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. 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 publish ideas on human rights and political
pluralism.
In May Tran Huynh Duy Thuc, the blogger known as Change We Need who
regularly reported on corruption in the prime minister's family, was
arrested for running an illegal telephone business. Thuc was awaiting
trial at year's end.
In August political bloggers Bui Thanh Hieu (also known as Wind
Trader) and Me Nam (also known as Momma Mushroom) were arrested in
connection with their writings and political activism. Hieu was
released 10 days after his initial arrest, while Nam was detained for
12 days. She announced on her Web site that she agreed to stop blogging
as a condition of her release. VietnamNet journalist Pham Doan Trang
was also detained for 10 days due to her connections with Hieu and Nam.
Also in August well-known journalist and prolific blogger Huy Duc was
dismissed from his job with the Saigon Thiep Thi newspaper for his
politically sensitive blog postings.
In October the government also closed down the Tia Sang (Ray of
Light) online magazine registered under the Ministry of Science and
Technology, reportedly for its previous reporting critical of the
education system and on bauxite mining in the Central Highlands.
Prominent blogger and Free Journalist Club head Nguyen Hoang Hai
(also known as Dieu Cay) remained in prison at year's end. His former
wife was denied permission several times to meet with him, while his
son was allowed one short meeting. At year's end he was reportedly
being held in isolation. In September the UN Working Group on Arbitrary
Detention highlighted his case, as well as the ``illegal arrests'' and
continued persecution of a number of other Internet bloggers, including
Truong Minh Duc, Pham Van Troi, Nguyen Xuan Nghia, Vu Hung, Ngo Quynh,
and Pham Thanh Nghien. Tran Khai Thanh Thuy, a writer and journalist
arrested in January 2008 under article 88 and subsequently released for
medical treatment, was harassed several times throughout the year.
The government continued to use firewalls to block some Web sites
that it deemed politically or culturally inappropriate, including sites
affiliated with the Catholic Church, such as Vietcatholic.net and
others operated by overseas Vietnamese political groups. The government
appeared to have lifted most of its restrictions on access to the Voice
of America Web site, although it continued to block Radio Free Asia
(RFA) most of the time. Nevertheless, the local press occasionally
wrote stories based on RFA broadcasts.
The MIC requires owners of domestic Web sites, including those
operated by foreign entities, to register their sites with the
government and submit their planned content and scope to the government
for approval; however, enforcement remained selective.
Academic Freedom and Cultural Events.--The government asserts the
right to restrict academic freedom, and authorities sometimes
questioned and monitored foreign field researchers. Local librarians
increasingly were being trained in professional skills and
international standards that supported wider international library and
information exchanges and research. Foreign academic professionals
temporarily working at universities in the country were allowed to
discuss nonpolitical 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.
Members of the academic community expressed concern over a prime
ministerial decree issued in July (Decision 97) that prohibits
independent scientific and technical organizations from publicly
criticizing party and state policy as a potentially severe restriction
on academic freedom. One prominent research institution, the Institute
for Development Studies, chose to disband, arguing that it could not
properly function under the restrictions.
The government controlled art exhibits, music, and other cultural
activities; however, it generally allowed artists broader latitude than
in past years to choose the themes for their works. The government also
allowed universities more autonomy over international exchanges and
cooperation programs.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The 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 as having a political purpose. The government also
restricted the right of several unregistered religious groups to gather
in worship (see section 2.c.).
In July and August, large-scale prayer vigils occurred relating to
a land dispute regarding the Tam Toa church ruins in Quang Binh
Province. In July local authorities arrested eight parishioners in
connection with the demonstrations; all had been released by September.
A small mob attacked and beat two Catholic priests near the disputed
site. One of the priests was pushed from a second-story window and was
hospitalized. The Tam Toa prayer vigils followed similarly large
demonstrations and prayer vigils that took place in January, April,
August, and September 2008 at disputed Catholic properties at the
former papal nuncio's residence and at the Thai Ha parish in Hanoi.
Smaller demonstrations by citizens demanding redress for land rights
claims frequently took place in Ho Chi Minh City and occasionally in
Hanoi. Police monitored these protests but generally did not disrupt
them.
Freedom of Association.--The government severely restricted freedom
of association. Opposition political parties were neither permitted nor
tolerated. The government prohibited the legal establishment of
private, independent organizations, insisting that persons work within
established, party-controlled mass organizations, usually under the
aegis of the VFF. However, some entities, including unregistered
religious groups, were able to operate outside of this framework with
little or no government interference.
Officials unevenly implemented the 2007 Ordinance on Grassroots
Democracy, which allows villagers, with the participation of local VFF
representatives, to convene meetings to discuss and propose solutions
to local problems and nominate candidates for local leadership. The
ordinance also requires commune governments to publicize how they raise
and spend funds for local economic development.
Members of Bloc 8406, a political activist group that calls for the
creation of a multiparty state, continued to face harassment and
imprisonment. At least 25 members of the group were in detention at
year's end.
Numerous members of several other activist groups, including the
DPV, the People's Democratic Party of Vietnam, and a related group, the
UWFO, remained in prison at year's end. In July several DPV leaders,
including Tran Anh Kim and Nguyen Tien Trung, were arrested for their
political activities.
c. Freedom of Religion.--The constitution and government decrees
provide for freedom of worship, and improvements made in past years in
overall respect for religious freedom continued during the year. The
government persisted in placing restrictions on the organized
activities of religious groups; however, in general restrictions were
enforced less strictly than in previous years. Overall participation in
religious activities continued to grow significantly.
Problems remained in the implementation of the Legal Framework on
Religion. The problems occurred primarily at the local level, but in
some instances the central government also delayed enforcement.
Religious groups encountered the greatest restrictions when they
engaged in activities that the government perceived as political
activism or a challenge to its rule. The government continued to
discourage participation in an unrecognized faction of the Hoa Hao
Buddhist Church. The government also restricted the activities and
movement of the leadership of the unrecognized Unified Buddhist Church
of Vietnam (UBCV) and maintained that it would not recognize the
organization under its existing leadership. The government remained
concerned that some ethnic minority groups active in the Central
Highlands were operating a self-styled ``Dega Church,'' which
reportedly mixes religious practice with political activism and calls
for ethnic minority separatism.
The government maintained a prominent role overseeing recognized
religions. By law religious groups must be officially recognized or
registered, and the activities and leadership of individual religious
congregations must be approved by the appropriate authorities. The law
mandates that the government act in a timely and transparent fashion,
but the approval process for registration and recognition of religious
organizations was sometimes slow and nontransparent. Nevertheless,
dozens of Protestant congregations were newly registered throughout the
country during the year, and one religious denomination received
national registration. However, in the northern region and the
Northwest Highlands, local authorities had not acted on most
registration applications submitted since 2006 by more than 1,000
Protestant congregations among predominantly ethnic minority groups.
Some local authorities continued to demand that recognized
religious organizations provide lists of all members of
subcongregations as a precondition to registration, although this
requirement is not specifically codified in the Legal Framework on
Religion. Some registered congregations in the northern region and the
Northwest Highlands complained that officials used such lists to keep
unlisted members from participating in services or for harassment by
local authorities or their agents. Annual activities by congregations
also must be registered with authorities, and activities not on the
accepted annual calendar require separate government approval.
Official oversight of religious groups varied widely between
localities, often as a result of ignorance of national policy or
varying local interpretations of the policy's intent. In general,
central-level efforts to coordinate proper implementation of the
government's religious framework reduced the frequency and intensity of
religious freedom violations. Nevertheless, activities of nonrecognized
and unregistered religious groups remained technically illegal, and
these groups occasionally experienced harassment. However, several
large-scale Christmas celebrations were approved even though the
organizers were largely unregistered Protestant house churches. The
largest celebration was held in Ho Chi Minh City, where a reported
40,000 Christians participated, while celebrations in Hanoi, Danang,
and northern Nam Dinh Province had 14,000, 4,500, and 2,500
participants, respectively.
Several ``unregistered'' religious gatherings were broken up or
obstructed in the Northwest Highlands, amid accusations by religious
practitioners that local authorities sometimes used ``contract thugs''
to harass or beat them. In Dien Bien there were reports that local
officials encouraged Protestants to recant their faith. In Tra Vinh
there were reports of repeated harassment and beatings by plainclothes
``citizen brigades'' at several house churches, including the Full
Gospel Church. Authorities took no disciplinary action against the
offenders. However, the level of harassment declined in comparison with
previous years, and the vast majority of unregistered churches and
temples were allowed to operate without interference.
The government actively discouraged contacts between the UBCV and
its foreign supporters, although such contacts continued. Police
routinely questioned some persons who were outspoken in their
antigovernment political views, such as UBCV monks and certain Catholic
priests. Police continued to monitor the movement of UBCV monks.
There were few credible allegations of forced renunciations in the
Central and Northwest Highlands during the year.
The vast majority of Buddhists practiced their religion under the
Vietnam Buddhist Sangha (VBS) Executive Council, the officially
sanctioned Buddhist governing council, and generally were able to
worship freely. Theravada Buddhists, who are also part of VBS and
commonly members of the Khmer Krom ethnic minority, were also generally
able to worship freely. The government continued to harass UBCV
leadership and prevented them from conducting independent charitable
activities outside their pagodas.
On June 29, a group of vigilantes attacked the meditation center
and dormitories of a group of Lang Mai (Plum Village) Buddhists, who
are followers of internationally renowned Zen Master Thich Nhat Hanh,
inside the Bat Nha monastery compound in Lam Dong Province. The attack
occurred in the presence of uniformed and plainclothes police, who did
nothing to prevent it. Resident Bat Nha monks, opposed to the Lang Mai
group's presence in the pagoda, isolated the group and cut off their
water and electricity from June until the end of September. The
National Committee for Religious Affairs (CRA) instructed local
authorities to evict the Lang Mai community from the pagoda, failed to
prevent the attacks and punish those involved, and appeared to favor
one side in the dispute. On September 27, a large mob in coordination
with plainclothes police beat and forcibly evicted approximately 150
Lang Mai monks from the Bat Nha pagoda. The monks then sought refuge at
the nearby Phuoc Hue pagoda. On September 28, the remaining 200 Lang
Mai nuns were also forcibly evicted and joined the monks at Phuoc Hue.
In November two pagodas in Dong Nai and Lam Dong provinces petitioned
the central VBS and CRA to allow them to sponsor the Plum Village monks
and nuns. The CRA rejected these petitions, claiming that the Plum
Village Community ``failed to obey the law'' and ``caused disunity''
among Buddhists, and it ordered the Lam Dong provincial VBS to force
the monks and nuns to disband and return to their home provinces by
December 31. Another group of 21 Lang Mai monks and nuns were forcibly
evicted from a pagoda in Khanh Hoa Province on November 29. One senior
monk was under house arrest in Khanh Hoa, and another was reported to
be in hiding. The provincial VBS had not taken action by the end of the
year, and the Plum Village Community continued to seek refuge at the
Phuoc Hue pagoda.
Senior UBCV leaders remained under police surveillance at their
pagodas and reported limited ability to travel within the country.
Thich Quang Do and Thich Khong Thanh were able to attend the funeral of
the UBCV patriarch in July 2008, and other UBCV leaders were allowed to
attend a ceremony marking the one-year anniversary of the passing of
the patriarch without incident.
Hoa Hao monks and believers following the government-approved Hoa
Hao Administrative Council were allowed to practice their faith. Monks
and followers who belonged to dissident groups or declined to recognize
the authority of the council suffered restrictions.
The Catholic Church reported that the government continued to ease
restrictions on assignment of new clergy and did not object to the
installation of three new bishops during the year. The Church discussed
establishing additional seminaries with the government and expanded its
pastoral works program. On February 16-17, the government and the
Vatican held their first round of discussions in Hanoi under a newly
created ``Joint Vietnam-Holy See Working Group'' on reestablishing
diplomatic relations. On December 11, State President Nguyen Minh Triet
met with Pope Benedict XVI in the Vatican for a meeting that the
Vatican characterized as ``a significant stage in the progress of
bilateral relations with Vietnam.''
A number of Catholic clergy reported a continued easing of
government control over activities in certain dioceses outside of
Hanoi. In many places local government officials allowed the Catholic
Church to conduct religious education classes (outside regular school
hours) and charitable activities. The Ho Chi Minh City government
continued to facilitate certain charitable activities of the Church in
combating HIV/AIDS; however, educational activities and legal permits
for some Catholic charities to operate as NGOs remained suspended.
Local officials informally discouraged some clergy from traveling
domestically, even within their own provinces, especially when travel
to ethnic minority areas was involved. The Catholic archbishop of Hanoi
was restricted in his official travels to ethnic minority areas in the
north.
Despite some reports of discrimination against Catholic students,
authorities denied that the government has a policy of limiting access
to education based on religious belief.
Religious organizations were not allowed to operate schools
independently. Foreign missionaries may not operate openly as religious
workers in the country, although many undertook humanitarian or
development activities with government approval and met with registered
congregations.
The government generally required religious publishing to be done
through a government-owned religious publishing house; however, some
religious groups were able to copy their own materials or import them,
subject to government approval. The government allowed the printing and
importation of some religious texts, including in ethnic minority
languages.
Societal Abuses and Discrimination.--There were few instances of
societal violence based on religious affiliation, belief, or practice
during the year. Members of minority religious groups experienced
little or no societal discrimination. 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.
For a more detailed discussion, see the 2009 International
Religious Freedom Report at www.state.gov/j/drl/rls/irf/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation; however, the government imposed some limits on freedom of
movement for certain individuals. 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.
Several political dissidents, amnestied with probation or under
house arrest, were subject to official restrictions on their movements,
but police allowed them to venture from their homes under surveillance.
Although their probation ended during the year, authorities prohibited
dissidents Nguyen Khac Toan and Tran Khai Thanh Thuy from receiving a
passport and traveling overseas. Attorney Le Quoc Quan and journalist
Nguyen Vu Binh were allowed to travel within the country but continued
to face restrictions on their ability to travel overseas. In July
authorities prevented a member of the Democracy Writers of Dalat from
leaving the country due to national security provisions.
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 were
also 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, but prospective emigrants rarely 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
abroad to return to visit. However, the government refused to allow
certain activists living abroad to return. Known overseas Vietnamese
political activists were denied entrance visas 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
Vietnamese 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 and did not permit them to use
Vietnamese passports after they acquired other citizenship. 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.
During the year the government continued to liberalize travel
restrictions for overseas Vietnamese.
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 conditions for ethnic minorities in the Central
Highlands had improved markedly since the 2001 and 2004 crackdowns,
stating 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 that 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. A further 2,300 remained in four villages in which
the camps once operated. Many had children and grandchildren born in
Vietnam, but neither the original refugees nor their children enjoyed
the same rights as Vietnamese citizens, including the right to own
property, comparable access to education, and public medical care.
Citizenship of children is derived from their parents. In 2007 the
UNHCR and the government of Vietnam developed a plan calling for a full
survey and Vietnamese naturalization of these stateless individuals;
the survey and naturalization continued and were expected to be
completed before the end of 2010. By year's end 1,800 applications for
naturalization had been submitted to the Office of the President for
final approval.
The government resolved earlier problems of statelessness due to
involuntary denationalization of its citizens, such as women who
married foreigners, by implementing new legislation passed in November
2008 allowing dual citizenship. This group typically consisted of women
who married Chinese, Korean, or Taiwanese men. Previously the women had
to renounce their Vietnamese citizenship to apply for foreign
citizenship, but before gaining foreign citizenship, they divorced
their husbands and returned to Vietnam without possessing any
citizenship or supporting documentation. The UNHCR worked with the
government and the international community to address other aspects of
this problem.
The Vietnam Women's Union continued to work with the government of
South Korea to address international marriage brokering and premarriage
counseling, including education on immigration and citizenship
regulations. 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 given the opportunity to run for
office. There were credible reports that party officials pressured many
self-nominated candidates to withdraw or found such candidates
``ineligible'' to run.
According to the government, more than 99 percent of the 56 million
eligible voters cast ballots in the election, a figure that
international observers considered improbably high. Voters were
permitted to cast ballots by proxy, and local authorities were charged
with ensuring that all eligible voters cast ballots by organizing group
voting and that all voters within their jurisdiction were recorded as
having voted. This practice was seen as having greatly detracted from
the transparency and fairness of the process.
In the 2007 election, CPV leaders--Prime Minister Nguyen Tan Dung,
Party Chief Nong Duc Manh, President Nguyen Minh Triet, and National
Assembly Chairman Nguyen Phu Trong--retained their seats. CPV
candidates took 450 of 493 seats. Only one of the 30 self-nominated
candidates won.
The National Assembly, although subject to the control of the CPV
(all of its senior leaders and more than 90 percent of its members were
party members), continued to take incremental steps to assert itself as
a legislative body. The National Assembly publicly criticized
socioeconomic policies, corruption, the government's handling of
inflation, and the plan to mine bauxite in the Central Highlands.
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. Political opposition
movements and other political parties are illegal. The CPV Politburo
functioned as the supreme decision-making body in the country, although
technically it reports to the CPV Central Committee.
The government continued to restrict public debate and criticism
severely. No public challenge to the legitimacy of the one-party state
was permitted; however, there were instances of unsanctioned letters
critical of 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.
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 13
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, refining a 2007 asset declaration decree, and
continuing to streamline government inspection measures. Cases of
government officials accused of corruption sometimes 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.
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.
In January Vu Chi Thanh, a former vice chairman of Haiphong
People's Committee, and eight other officials and civil servants from
Haiphong were prosecuted for having inappropriately allocated hundreds
of land lots from an ``urban housing project for the poor'' to family
members and officials from various offices in Haiphong.
In February police in Ho Chi Minh City arrested the deputy director
of the municipal transport service, Huynh Ngoc Si, and his associate Le
Qua on charges of ``abusing power while on official duty'' connected
with allegations that they had received a bribe of 90 million yen
(approximately $820,000) from officials of Pacific Consultants
International (PCI), a foreign consulting firm. On September 24, the
case against Si and his deputy went to trial. The court case focused on
the much narrower question of whether Si and Qua accepted 52 million
VND ($2,900) and 54 million VND ($3,000), respectively, in kickbacks
from office rent from PCI. On September 25, Si and Qua were convicted
and sentenced to three and two years' imprisonment, respectively,
although legal guidelines recommended sentences of at least 15 years.
In June a foreign government initiated a comprehensive bribery
investigation related to the supply of polymer bank notes to Vietnam.
The foreign company that won a contract for supplying polymer notes to
the State Bank of Vietnam in 2002 was accused of paying more than $12
million as commission to its Vietnamese partner Luong Ngoc Anh and his
firm, Company For Technology and Development, which employed Le Duc
Minh, son of former State Bank of Vietnam governor Le Duc Thuy.
Also in June former PMU-18 director Bui Tien Dung was charged with
``intentionally violating state economic regulations causing serious
consequences,'' and four of Dung's colleagues were charged with
embezzlement. At year's end eight key corruption cases originating in
2007 remained unfinished, including the PMU-18 and the Bai Chay bridge
project scandals. While the 2007 trial and conviction of officials
involved in the PMU-18 scandal were initially hailed as a positive
step, the subsequent prosecution and dismissal of journalists and
editors who reported the story had a chilling effect on investigative
reporting of official corruption.
The law does not provide for public access to government
information, and the government did not usually grant access for
citizens and noncitizens, including foreign media. In accordance with
the Law on Promulgation of Legal Normative Documents, the Official
Gazette published most legal documents in its daily edition. The
government maintained a Web site in both Vietnamese and English, as did
the National Assembly. In addition, decisions made by the Supreme
People's Court Council of Judges were accessible through the SPC Web
site. Party documents such as politburo decrees were not published in
the Gazette.
Section 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.
During the year the government invited five UN special rapporteurs/
independent experts, including rapporteurs on education; physical and
mental health; and the right to food, and the independent experts on
extreme poverty and the effects of foreign debt on human rights. Three
other special rapporteurs--on the right to freedom of opinion and
expression; on extrajudicial, summary, or arbitrary executions; and on
freedom of religion or belief--requested to visit but were denied.
In October an overseas university and the CPV hosted an
international conference on ``Realizing the Rights to Health and
Development for All.'' Several international human rights NGOs attended
and presented papers, although at least one NGO was prohibited from
attending. The forum focused on HIV/AIDS and other public health
threats, maternal and child health, climate change, and economic
globalization.
The government was willing to discuss human rights problems
bilaterally with some foreign governments, and several foreign
governments continued official talks with the government concerning
human rights, typically through annual human rights dialogues.
In March a foreign embassy funded the creation of the Center for
Human Rights Research in Ho Chi Minh City. The center, similar to one
in Hanoi, is affiliated with the Ho Chi Minh City national law school
and focused on supporting human rights training and research at law
schools.
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 appears to criminalize rape, spousal rape, and in some
instances sexual harassment; however, there were no known instances of
prosecution for spousal rape or sexual harassment. Other rape cases
were prosecuted to the full extent of the law. No reliable data were
available on the extent of the problem.
Domestic violence against women was considered common, although
there were no firm statistics measuring the extent of the problem.
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 on the problem of
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. While
rural areas often lacked the financial resources to provide crisis
centers and domestic hotlines, the 2007 law established ``reliable
residences'' allowing women to turn to another family while local
authorities and community leaders attempt to confront the abuser and
resolve complaints. Government statistics reported that approximately
half of all divorces were due in part to domestic violence. The divorce
rate continued to rise, but many women remained in abusive marriages
rather than confront social and family stigma as well as economic
uncertainty.
The government, with the help of international NGOs, supported
workshops and seminars aimed at educating women and men about domestic
violence and 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. A foreign government, in
coordination with the UN, sponsored production of a film entitled
Breaking the Silence. The film was shown nationally by the government
to raise public awareness on domestic violence.
Prostitution is illegal, but enforcement was uneven. Estimates
varied widely; the government reported more than 30,000 prostitutes,
but some NGOs estimated that there were more, including those who
engaged in prostitution part-time or seasonally. As in past years, some
women reportedly were coerced into prostitution, often victimized by
false promises of lucrative employment. Many more felt compelled to
work as prostitutes because of poverty and a lack of other employment
opportunities. There were fewer reports that parents coerced daughters
into prostitution or made extreme financial demands that compelled them
to engage in prostitution. The Women's Union as well as international
and domestic NGOs engaged in education and rehabilitation programs to
combat these abuses.
The act of sexual harassment and its punishment is clearly defined
in the law; however, its prevention is not specified in legal
documents. 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. 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.
However, 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. However, 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.
Societal bias in favor of male progeny has led to gender imbalance
among newborns and children, although with great variability among
provinces.
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.--Citizenship is derived from one's parents (jus
sanguinis), 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 occurred, but there
was no information on the extent of such abuse.
Child prostitution, particularly of girls but also of boys, existed
in major cities. Many prostitutes in Ho Chi Minh City were under 18
years of age. Some minors entered into prostitution for economic
reasons. The penal code, issued in 1999 and updated during the year,
criminalizes all acts of sale, fraudulent exchange, or control of
children as well as all acts related to child prostitution and forced
child labor. These articles carry sentences ranging from three years'
to life imprisonment and fines from 5 million VND to 50 million VND
($280 to $2,800). Articles 254, 255, and 256 describe acts related to
child prostitution, including harboring prostitution (sentences of
imprisonment ranging from 12 to 20 years), brokering prostitution
(sentences of imprisonment ranging from seven to 15 years), and buying
sex with minors (sentences ranging from three to 15 years). 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.
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
minimum age of consensual sex is 18. 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.
Trafficking in Persons.--The law prohibits most forms of
trafficking in persons; however, labor and the recruiting and harboring
of trafficking victims is not adequately covered. Trafficking,
particularly for sexual exploitation but also for forced labor
overseas, remained a significant problem. Reliable statistics on the
number of citizens who were victims of sex-related trafficking were not
available; nevertheless, there was evidence that the number was
growing. Documentation of known trafficking cases as well as the level
of case adjudications and prosecutions increased, although government
statistics also included other crimes, such as the selling of infants.
The government was generally increasingly open in identifying and
prosecuting trafficking cases, and public awareness increased. As the
country's economy continued to grow, international and domestic
criminal organizations involved in human trafficking sought to take
advantage of increased exposure to international markets, expanded use
of the Internet, and a growing gap between rich and poor to exploit
persons at risk and develop trafficking networks.
The country remained a significant source for trafficking in
persons. To a much lesser degree, it was a destination country for men,
women, and children trafficked for the purposes of sexual exploitation
or forced labor. Women were trafficked primarily to Cambodia, Malaysia,
China, Taiwan, and South Korea for sexual exploitation. Women also were
trafficked to Hong Kong, Macau, Thailand, Indonesia, the United
Kingdom, Eastern Europe, and the United States. There were reports that
some women going to Taiwan, Hong Kong, Macau, South Korea, and China
for arranged marriages became victims of trafficking. Women and
children also were trafficked within the country, usually from rural to
urban areas. Victims of labor trafficking (primarily men but also women
and children) were trafficked to work in construction, agriculture,
fishing, manufacturing, and other commercial enterprises.
There were continued reports of women from Ho Chi Minh City and the
Mekong Delta forced into prostitution after marrying abroad, primarily
in other Asian countries. After their arrival, women were forced into
conditions similar to indentured servitude; some were forced into
prostitution.
Children were trafficked for the purpose of prostitution, both
within the country and to foreign destinations. An NGO advocate
estimated that the average age of trafficked girls was between 15 and
17. Some reports indicated that the ages of girls trafficked to
Cambodia typically were lower.
There were documented cases of trafficking in adults for labor.
These included men trafficked to Malaysia and Thailand to support
construction industry projects, women who went to work as domestic
employees in Malaysia and suffered conditions akin to involuntary
servitude, fishermen taken to work in Taiwan, and men and boys
trafficked to work in brick factories in China. Deceitful and
fraudulent overseas labor contracts and recruiting remained problems,
although the government began to take steps to regulate labor export,
including conducting inspections, issuing fines, and revoking the
licenses of at least two companies who were found to be violating labor
laws. Pursuant to a government circular issued in 2007, the government
also began to cap some recruitment fees. The government signed
agreements with governments of labor-demand countries; however, these
did not appear to have adequate provisions to prevent human trafficking
and protect victims of trafficking from conditions of forced labor and
debt bondage. MOLISA reported that some workers of state-owned labor
companies who went abroad to work suffered conditions akin to
involuntary servitude or forced labor. Some workers also had their
travel documents illegally withheld. Methods for resolving disputes
between workers and their Vietnam-based export labor recruiting
companies or the employing companies overseas were typically set forth
in the initial contracts signed between the workers and the export
labor recruiting companies and typically favored management. By law
workers are entitled to bring their cases to court if they believe they
have been unjustly treated by the labor export-recruiting company,
although in practice few had the resources to do so.
Poor women and teenage girls, especially those from rural areas,
were most at risk for being trafficked. Research by the MPS and the UN
Children's Fund indicated that trafficking victims could come from any
part of the country but were concentrated in certain northern and
southern border provinces, especially in the Mekong Delta. Some were
sold by their families as domestic workers or for sexual exploitation.
In some cases traffickers paid families several hundred dollars in
exchange for allowing their daughters to go to Cambodia for an
``employment offer.'' Many victims faced strong pressure to make
significant contributions to the family income; others were offered
lucrative jobs by acquaintances. False advertising, debt bondage,
confiscation of documents, and threats of deportation were other
methods commonly used by the traffickers, family members, and
employers.
Individual opportunists, informal networks, and some organized
groups lured poor, often rural, women with promises of jobs or marriage
and forced them to work as prostitutes. Relatives were often involved
in trafficking cases. The government stated that in some cases
organized criminal groups were involved in recruitment, transit, and
other trafficking-related activities.
The majority of traffickers were prosecuted under articles 119 and
120 of the penal code, which provides for prison sentences of two to 20
years for persons found guilty of trafficking women, and between three
years and life in prison for persons found guilty of trafficking
children. These provisions can be used against some forms of
trafficking for sexual and labor exploitation and also a variety of
related crimes, including the selling of infants. Labor laws do not
provide criminal penalties for labor trafficking, and the government
did not report any investigations, prosecutions, or convictions of
offenders of labor trafficking under other statutes.
The government continued to increase efforts to prosecute
traffickers. As in previous cases, in Ho Chi Minh City the courts
imposed heavy sentences on convicted sex traffickers, including two
individuals sentenced on July 3 to 10 and 12 years in prison for
operating a fake marriage brokering service that sent 28 women to
Malaysia and forced them into prostitution.
A national steering committee, led by the MPS, coordinated
government efforts in the identification and prosecution of trafficking
cases and assisted in prevention and training activities. The Criminal
Police Department of the MPS, the Ministry of Justice, the Border Guard
Command, and the Social Evils Department of MOLISA were the main
government agencies involved in combating trafficking, with significant
collaboration from the Women's Union. The committee continued to train
national and local officials to combat trafficking. Police took an
increasingly active role in investigating cross-border sex trafficking
cases during the year, including continued development of the dedicated
antitrafficking force.
While convictions were up, the 375 cases investigated during the
year represented a slight decrease compared with 2008. However, since
2005 the level of investigations and prosecutions has grown, generally
reflecting an overall increase in the government's capacity to identify
cases as well as a dramatic improvement in the training of local
officials.
The government continued to implement its 2004-10 National Program
of Action on combating trafficking in women and children as well as its
export labor law and directives on recruitment and contracting
transparency. Throughout the year the MPS developed guidelines on
protecting victims during investigation and prosecution in cooperation
with the International Organization for Migration.
Mass organizations and NGOs operated programs to educate at-risk
persons about the potential for sex trafficking and to reintegrate into
society women and children who were the victims of sex trafficking.
During the year programs continued to provide protection and
reintegration assistance for sex trafficking victims through
psychosocial support and vocational training as well as to supplement
regional and national prevention efforts by targeting at-risk
populations. Official institutions, including MOLISA and the Department
of the Family, and mass organizations, such as the Women's Union and
the Youth Union, continued programs aimed at the prevention of sex
trafficking, public awareness, and victims' protection. Government
agencies worked with the International Organization for Migration, Asia
Foundation, Pacific Links Foundation, and other international NGOs to
provide temporary shelter, medical services, education, credit,
counseling, and rehabilitation to returned trafficking victims.
Security agencies with border control responsibility received training
in investigative techniques to prevent trafficking.
The government worked with international NGOs to supplement and
strengthen law enforcement measures and institutions and cooperated
with foreign governments to prevent trafficking. It also cooperated
closely with other countries within the frameworks of Interpol, its
Asian counterpart, and the Association of Southeast Asian Nations. On
January 7, the government signed a bilateral antitrafficking agreement
with Thailand, upgrading the previous bilateral memorandum of
understanding, and on March 9 held a bilateral conference to discuss
implementation. Between July 15 and September 15, the two countries
conducted a joint public awareness campaign on preventing and combating
sex trafficking in the areas along their shared border.
The Department of State's annual Trafficking in Persons Report can
be found at www.state.gov/j/tip.
Persons With Disabilities.--The protection of persons with
disabilities is provided for in articles 59 and 67 of the constitution.
The Law on Disabled Persons prohibits discrimination against or
maltreatment of persons with disabilities. The law also encourages the
employment of persons with disabilities.
The provision of services to such persons, although limited,
improved during the year. The Ministry of Transportation continued to
implement accessibility codes for public transportation facilities and
trained transportation agency officials and students on use of the
codes. Construction or major renovation of new government and large
public buildings must include access for persons with disabilities. The
Ministry of Construction maintained enforcement units in Hanoi, Ho Chi
Minh City, Danang, Quang Nam, and Ninh Binh to enforce the barrier-free
codes.
The law provides for preferential treatment for firms that recruit
persons with disabilities and for fines on firms that do not meet
minimum quotas that reserve 2 to 3 percent of their workforce for
workers with disabilities; however, the government enforced these
provisions unevenly. Firms that have 51 percent of their employees with
disabilities can qualify for special government-subsidized loans.
The government respected the political and civil rights of persons
with disabilities. Under the election law, ballot boxes may be brought
to the homes of individuals unable to go to a polling station.
The government supported the establishment of organizations aiding
persons with disabilities. Such persons were consulted in the
development or review of national programs, such as the national
poverty reduction program, vocational laws, and various educational
policies. The National Coordination Committee on Disabilities and its
ministry members worked with domestic and foreign organizations to
provide protection, support, physical access, education, and
employment. The government operated a small network of rehabilitation
centers to provide long-term, inpatient physical therapy. Several
provinces, government agencies, and universities had specific programs
for those with disabilities. In April the Ministry of Education and
Training held a workshop with foreign-based NGOs and a foreign
government to make recommendations for the Law on Disabled Persons
regarding the education and training of the disabled.
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.
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, 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 telephoning the ethnic minority community abroad were a
special target of police attention. 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.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--A homosexual community existed
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.
Despite Ministry of Culture regulations specifically limiting beauty
contests to ``female citizens ages 18 or over,'' the number of, and
participation in, transvestite and transgender beauty contests in Ho
Chi Minh City increased. Several annual competitions gained notoriety,
and several transgender and transvestite beauty queens emerged as
prominent celebrities.
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/AIDS 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. In a few cases, children of persons
with HIV/AIDS were barred from schools. Some parents removed their
children from a school in Ho Chi Minh City after the school allowed
orphans with HIV/AIDS to attend, as required by law. With the
assistance of foreign donors, the national government and provincial
authorities took steps to treat, assist, and accommodate persons with
HIV/AIDS and decrease societal stigma and discrimination, but these
measures were not consistently applied. Religious charities were
sometimes permitted to provide services to persons with 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 2008 its total membership was more
than 6.3 million, or an estimated 39 percent of the country's
approximately 16 million wage earners. Of the VGCL members, 36.5
percent worked in the public sector, 33.1 percent in state-owned
enterprises, and 30.4 percent in the private sector. The VGCL claimed
that its membership represented 95 percent of public-sector workers and
90 percent of workers in state-owned enterprises. Approximately 1.7
million union members worked in the private sector, including in
enterprises with foreign investment (more than 700,000 persons). In
actuality 85 percent of state-owned enterprises, 60 percent of foreign-
invested enterprises, and 30 percent of private enterprises were
unionized.
While the law does not allow for independent unions, a 2007
revision states that the negotiation of disputes can be led and
organized by ``relevant entities,'' which may be composed of worker
representatives when the enterprise in question does not have a union.
While the law allows for ``union activities,'' especially during
emergency situations such as a strike, the VGCL is required to
establish an official 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 34 million of the 45.3 million total laborers
lived in rural areas and engaged in activities such as small-scale
farming or worked in small companies and the informal private sector.
Union leaders influenced key decisions, such as amending labor
legislation; developing social safety nets; and setting health, safety,
and minimum wage standards. However, the VGCL asserted that authorities
did not always prosecute violations. 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.
Strikes are illegal if they do not arise from a collective labor
dispute or if they concern problems that are outside of labor
relations. Before a legal strike can be held, workers must take their
claims through a process involving a conciliation council (or a
district-level labor conciliator where no union is present); if no
resolution is obtained, the claims must be submitted to a provincial
arbitration council. Unions (or workers' representatives where no union
is present) have the right either to appeal decisions of provincial
arbitration councils to provincial people's courts or to go on strike.
Individual workers may take cases directly to the people's court
system, but in most cases they may do so only after conciliation has
been attempted and has failed. The amendment also stipulates that
workers on strike will not be paid wages while they are not at work.
The labor code prohibits strikes in 54 occupational sectors and
businesses that serve the public or that the government considers
essential to the national economy and defense. A decree defines these
enterprises as those involved in electricity production; post and
telecommunications; railway, maritime, and air transportation; banking;
public works; and the oil and gas industry. The law also grants the
prime minister the right to suspend a strike considered detrimental to
the national economy or public safety.
The vast majority of strikes typically did not follow the
authorized conciliation and arbitration process and thus were
considered illegal ``wildcat'' strikes. The number of such strikes
markedly declined during the year, with only 309 occurring in the year.
This followed a three-year upsurge, which saw the number of wildcat
strikes increase from 387 in 2006 to 762 in 2008. Most economists
attributed the spike in the number of strikes in 2008 to dramatic
increases in the cost of living, with inflation peaking at 28 percent
in August 2008, and the relative decline in the number of strikes
during the year to the return to single-digit inflation and worker
concern with the slowing economy.
More than 90 percent of ``wildcat'' strikes occurred in Ho Chi Minh
City and surrounding provinces. While these strikes were illegal under
the law, 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. Amendments made to the labor law in July 2008
divide such disputes into those over rights (compliance with the law)
and those over interests (demands beyond what the law provides),
setting out different procedures for both. The law stipulates an
extensive 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. There was anecdotal
evidence that the government enforced the laws more actively in the
zones than outside them. However, there were credible reports that
employers in the zones tended to ignore worker rights and to use short-
term contracts to avoid the legal requirement to set up a union.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, there were
reports that such practices occurred.
Prisoners routinely were required to work for little or no pay.
They produced food and other goods used directly in prisons or sold on
local markets, reportedly to purchase items for their personal use.
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. In 2006 MOLISA reported that approximately 30 percent of
children between the ages of six and 17 participated in some economic
activity, usually on family farms or in family businesses not within
the scope of the law.
By law an employer must ensure that workers under 18 do not
undertake hazardous work or work that would harm their physical or
mental development. Prohibited occupations are specified in the law.
The law permits children to register at trade training centers, a form
of vocational training, from the age of 13. Children may work a maximum
of seven hours per day and 42 hours per week and must receive special
health care. A 2008 MOLISA survey reported that there were more than
25,000 children working in conditions considered hazardous.
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 during the year, 62 out of
173 production units they inspected used illegal child labor. Most were
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 by word of mouth without official
documentation and 75 percent of these children were from the central
coast and Mekong Delta provinces.
MOLISA is responsible for enforcing child labor laws and policies.
Government officials may fine and, in cases of criminal code
violations, prosecute employers who violate child labor laws. While the
government committed insufficient resources to enforce effectively laws
providing for children's safety, especially for children working in
mines and as domestic servants, it detected some cases of child
exploitation, removed the children from the exploitative situations,
and fined the employers.
The government also continued programs to eliminate persistent
child labor, with a particular focus on needy families and orphans.
e. Acceptable Conditions of Work.--The law requires the government
to set a minimum wage, which is adjusted for inflation and other
economic changes. The official monthly minimum wage for unskilled
laborers at foreign-investment joint ventures and foreign and
international organizations was between 1.08 million VND ($60) and 1.2
million VND ($67) in urban areas and approximately 950,000 VND ($53) in
rural areas. The official monthly minimum wage for unskilled labor in
the state sector was approximately 650,000 VND ($36). For employees
working for national companies, on farms, or in family households, the
official minimum wage was between 650,000 VND ($36) and 800,000 VND
($45), based on region of the country. 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.
By law a female employee who is engaged to be married, pregnant, on
maternity leave, or caring for a child under one year of age cannot be
dismissed unless the enterprise closes. Female employees who are at
least seven months' pregnant or are caring for a child under one year
of age cannot be compelled to work overtime, at night, or in locations
distant from their homes. It was not clear how well the law was
enforced.
The law requires the government to promulgate rules and regulations
that ensure worker safety. MOLISA, in coordination with local people's
committees and labor unions, is charged with enforcing the regulations,
but enforcement was inadequate because of low funding and a shortage of
trained enforcement personnel. On-the-job injuries due to poor health
and safety conditions in the workplace were a problem. The greatest
number of occupational injuries was caused by machinery such as rolling
mills and presses.
According to a July 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.
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